Common use of Form of Policies Clause in Contracts

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 the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) to Landlord on or before the Lease Commencement Date and before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease). In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease (Bloom Energy Corp)

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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 lender, and any other party the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A-:VIII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 diminished unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor. Any insurance required pursuant to this Lease may be provided by means of a so-called “blanket” policy, so long as the Building or Premises are specifically covered (by rider, endorsement or otherwise), the limits of the policy are applicable on a “per location” basis to the Building or Premises, and the policy otherwise complies with the provisions of this Lease.

Appears in 1 contract

Samples: Office Lease (Bare Escentuals 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 lender, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Extreme 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 (i) name Landlord, and any other party the Landlord it so specifies, as an additional 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 SECTION 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (thereof. If Tenant fails to carry the amounts and Tenant's failure types of insurance required to deliver be carried by it pursuant to this ARTICLE 10, in addition to any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent remedies Landlord may have under this Lease). In the event Tenant shall fail to procure , such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof failure shall be paid deemed to Landlord within five (5) days after delivery be a covenant and agreement by Tenant to self-insure with respect to the type and amount of insurance which Tenant so failed to carry, with full waiver of bills thereforsubrogation with respect thereto.

Appears in 1 contract

Samples: Office Lease (Unapix Entertainment 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) with respect to the commercial general liability insurance, name Landlord, and any other party the Landlord it so specifies, as an additional 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 ’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A- VII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate in which the 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 reduced unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) Certificates of Insurance evidencing coverage as required within this lease to Landlord on or before the Lease Commencement Date and at least five (5) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event If Tenant shall fail to procure such insurance, or to deliver such policies 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 herein, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five ten (510) days after delivery by Landlord of bills to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Yelp! 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 LeaseLease and Landlord makes no representation or guaranty that the insurance required under this Lease shall be sufficient or adequate to protect Tenant. Such All insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 LandlordTexas; and (viii) 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 the other additional insureds thereunder designated by Landlord. In addition, the insurance described in Section 10.2.1 above shall (a) name Landlord, any mortgagee mortgage holder and Landlord’s property manager, as an additional insured; (b) 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 required 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. The insurance described in Section 10.2.2 shall name Landlord and any named mortgage holder as loss-payee as to all items referred to in clause (ii) of Section 10.2.2 and the insurance described in Sections 10.2.2 and 10.2.3 shall have deductibles reasonably acceptable to Landlord. Tenant shall deliver said policy all policies or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) thereof to Landlord on or before Landlord’s delivery of the Premises to Tenant or the Lease Commencement Date Date, whichever first occurs, and at least thirty (30) days before the expiration dates thereof thereof. All certificates shall provide that such insurance will not be cancelled (or materially changed) without at least thirty (30) days’ prior written notice (ten (10) days for nonpayment of premiums) to Landlord. The words “endeavor to” and Tenant's “but failure to deliver mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted from the certificate form’s cancellation provision. Failure of Landlord to demand such policy, policies certificate or certificates on other evidence of full compliance with these insurance requirements or before the Lease Commencement Date failure of Landlord to identify a deficiency from evidence that is provided shall not impact or in any way affect be construed as a waiver of Tenant's obligations ’s obligation to pay Rent under this Lease)maintain such insurance. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, may deny Tenant the right to occupy the Premises until such time as Tenant makes such deliveries (which denial shall have no effect upon the Lease Commencement Date) and/or procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of the bills therefor.. Health Management Systems Corporate Point

Appears in 1 contract

Samples: Office Lease (HMS Holdings 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 the Landlord so specifies, as an additional insuredinsured or 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X :X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Torrey Pines Corporate Center (Cytori 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) (A) with respect to Tenant's liability insurance, name Landlord, and any other party it so specifies that has an interest in the Landlord so specifiesReal Property, Building or Premises, as an additional insured, including Landlord's managing agentand (B) with respect to Physical Damage Insurance described in Section 10.3.2(ii) above, if anyLandlord and such other parties as loss payees, as their respective interests may appear; (ii) with respect to Tenant's Commercial General Liability Insurance described in Section 10.3.1 above, 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; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate in which the 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 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 the terms of coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee other additional insured or loss payee for which Tenant has been given an address for such notice; (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 and 10.3.2 above, have -23- deductible amounts not exceeding $25,000.00. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event If Tenant shall fail to procure such insurance, or to deliver such policies 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 five thirty (530) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Nondisturbance and Attornment Agreement (Websense 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 the Landlord so specifiesspecifies (if such party has an insurable interest), as an additional 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 of this LeaseLease 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-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least ten (10) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five ten (510) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Terms of Lease (Diversa 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 shall: (i) name as an additional insured Landlord, and all mortgage or deed of trust holders or lessors of any other party 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 so specifies, as an additional insured, including Landlord's managing agent, if anyhas 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 of this LeaseLease 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-X V11 in Best's Insurance Guide or which is otherwise reasonably acceptable to Landlord and licensed to do business in the State 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 the identity of whom Landlord has given Tenant thirty (30) days prior written notice: and (vi) contain a cross-liability endorsement or severability of interest 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. Tenant shall deliver said policy or certificates of such policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) to Landlord on at or before the Lease Commencement Date and before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificates, Landlord may, at its option, upon at least fifteen (15) days' prior written notice to Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five ten (510) 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: Retail Lease (KBS Real Estate Investment Trust II, 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 shall: (i) name as an additional insured on Tenant’s general liability policy on a blanket basis, Landlord, and all mortgage or deed of trust holders or lessors of any other party underlying ground leases respecting the Real Property, the identity of whom Landlord so specifies, as an additional insured, including Landlord's managing agent, if anyhas 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 ’s indemnification obligations under Section 10.1 of this LeaseLease 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-X VII in Best's ’s Insurance Guide or such lesser rating which is otherwise reasonably acceptable to Landlord and licensed to do business in the State 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) be in form and content reasonably acceptable to contain a cross-liability endorsement or severability of interest clause. Landlord; ’s insurance shall comply with the requirements of clauses (ii) and (viiii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given above, with all references to Landlord in such clauses modified to refer to Tenant, and any mortgagee of all references to Tenant modified to refer to Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable send a link to timely deliver said policy(ies), certificates thereof) the Memorandum of Insurance to Landlord on at or before the Lease Commencement Date and before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificateprovide the Memorandum of Insurance, Landlord may, at its option, upon at least fifteen (15) days prior written notice to Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five thirty (530) 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 Building management office, copies of the applicable insurance policies evidencing the existence of Landlord’s required insurance hereunder.

Appears in 1 contract

Samples: Office 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 shall: (i) except with respect to the coverage described in Paragraph 17(b)(ii) above), name Landlord, Landlord's Mortgagee (as defined in Paragraph 24(c)) of which Tenant has notice, the lessors of a ground or underlying lease with respect to the Property of which Tenant has notice, Landlord’s directors, officers, employees, members and managers, and any other party having an insurable interest in the Premises whom Landlord so specifiesreasonably specifies (including, if applicable, some or all of the Indemnified Parties), as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than “A” or better by Standard & Poor or “A-X VIII” or better in Best's Insurance Guide Guide, or which is otherwise acceptable to Landlord Landlord, and licensed authorized to do business in the State state 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) be in form and content reasonably acceptable to Landlord; and (vi) if commercially available, provide that said such insurance shall not be canceled or coverage changed for non-payment of premium unless thirty at least ten (3010) days' prior written notice shall have been given to Landlord Landlord; (v) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; (vi) with respect to the insurance required in Paragraph 17(b)(i) through Paragraph 17(b)(v) above, have deductible amounts not exceeding Ten Thousand Dollars ($10,000.00); and any mortgagee (vii) include waivers of Landlordsubrogation as provided in Paragraph 19. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) evidencing the required coverage hereunder to Landlord on or before (I) the Lease earlier to occur of: (x) the Commencement Date Date, and before (y) the expiration dates 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) five (5) business days after the renewal of such policies. If Tenant receives notice from the insurer of any cancellation or material change in coverage, Tenant shall give Landlord written notice thereof (and Tenant's failure to deliver any such policypromptly after receipt, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)which event Landlord may require that Tenant procure replacement insurance from another carrier. In the event If Tenant shall fail to procure such insuranceor to maintain any insurance required by this Paragraph 17, or to deliver such policies 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 this Lease, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five thirty (530) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease (Neophotonics 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 the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiaor Commonwealth 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 shall have been given to Landlord and any mortgagee of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Arthrocare 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 the Landlord it so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate in which the 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; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event If Tenant shall fail to procure such insurance, or to deliver such policies 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 five ten (510) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Medstrong International 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, Landlord’s lender, and any other party the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VIII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 [SAN XXXXXX CORPORATE CENTER] with any insurance requirement of Tenant; and (v) be in form and content reasonably acceptable to Landlord; and . In the event that any insurance required of Tenant under the Lease is cancelled or modified, then, within three (vi3) provide that said insurance business days’ of Tenant’s receipt of notice of cancellation or modification, Tenant shall not be canceled give Landlord notice of such cancellation or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlordmodification. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease (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 The General Liability insurance policy shall (i) name Landlord, Landlord’s lender, and any other party the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A-:IX in Best's ’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and and, thereafter, at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) 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, Building 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) including deductibles, retentions or self-insurance applicable thereto.

Appears in 1 contract

Samples: Office Lease (Forrester Research, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant or its contractors, subcontractors, architects or engineers under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) as appropriate name Landlord, and any other party the Landlord so specifies, as an additional insured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, IRVINE OAKS EXECUTIVE PARK [Kofax Image Products, Inc.] 36 including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 (30) days' prior written notice shall have been given to Landlord and any mortgagee of LandlordLandlord by the insurer or the Tenant. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five fifteen (515) days after delivery to Tenant of bills therefor. Landlord shall, in good faith, attempt to provide Tenant with notice of Landlord's exercise of the foregoing right, if any, within thirty (30) days following such exercise, provided, Landlord's failure to deliver such notice shall not affect Landlord's rights hereunder.

Appears in 1 contract

Samples: Office Lease (Kofax Image Products 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 Landlord or Tenant under this Lease. Such insurance shall (i) in the case of Tenant's commercial general liability insurance, name Landlord, Landlord (and any other party the Landlord so specifiesspecified by Landlord), as an additional insured, including Landlord's managing agent, if any; (ii) in the case of Tenant's commercial general liability insurance, specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations under Section 10.1 of this LeaseLease subject to the terms and conditions of the policies; (iii) be issued by an insurance company having a rating of not less than A-X VII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of California; (iv) in the case of Tenant's commercial general liability insurance, 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) 30 days' prior written notice shall have been given to Landlord and any mortgagee of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and before upon renewal thereof. Further, Landlord shall have the expiration dates thereof (and right, from time to time, to request copies of policies of Tenant's failure to deliver any such policyinsurance required hereunder, policies or certificates on or before the Lease Commencement Date which Tenant shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereafter provide within ten days. In the event If Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) 30 days after delivery to Tenant of bills therefortherefor pursuant to Section 26.2.

Appears in 1 contract

Samples: Office And (Aquantia 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 LeaseLease and Landlord makes no representation or guaranty that the insurance required under this Lease shall be sufficient or adequate to protect Tenant. Such All insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 LandlordOregon; and (viii) 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 the other additional insureds thereunder designated by Landlord. In addition, the insurance described in Section 10.2.1 above shall (a) name Landlord, any mortgagee mortgage holder and any other party specified by Landlord, as an additional insured; (b) 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 required 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. The insurance described in Section 10.2.2 shall name Landlord, Landlord’s property manager and any lender specified by Landlord as loss-payee as to all items referred to in clause (ii) of Section 10.2.2 and the insurance described in Sections 10.2.2 and 10.2.3 shall have deductibles reasonably acceptable to Landlord. Tenant shall deliver said policy all policies or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) thereof to Landlord on or before Landlord’s delivery of the Premises to Tenant or the Lease Commencement Date Date, whichever first occurs, and at least thirty (30) days before the expiration dates thereof thereof. Amberglen All certificates shall provide that such insurance will not be cancelled (or materially changed) without at least thirty (30) days’ prior written notice (ten (10) days for nonpayment of premiums) to Landlord. The words “endeavor to” and Tenant's “but failure to deliver mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted from the certificate form’s cancellation provision. Failure of Landlord to demand such policy, policies certificate or certificates on other evidence of full compliance with these insurance requirements or before the Lease Commencement Date failure of Landlord to identify a deficiency from evidence that is provided shall not impact or in any way affect be construed as a waiver of Tenant's obligations ’s obligation to pay Rent under this Lease)maintain such insurance. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, may deny Tenant the right to occupy the Premises until such time as Tenant makes such deliveries (which denial shall have no effect upon the Lease Commencement Date) and/or procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of the bills therefor.

Appears in 1 contract

Samples: Office Lease (Planar 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, and any other party the Landlord it so specifies, as an additional 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 ’s obligations under Section 10.1 of this Leaseabove (to the extent generally available in such coverage); (iii) be issued by an insurance company having a rating of not less than A-X VIII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance (if any) 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 (provided that such provision 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 [***] ($[***]). Tenant shall deliver said policy such policies or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event If Tenant shall fail to procure such insurance, or to deliver such policies 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 five ten (510) days after delivery to Tenant 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

Samples: Extension Option Rider (Fate 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 All insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of California; and (ivii) provide that said insurance shall not be canceled or coverage changed unless prior written notice shall have been given to Landlord and the other additional insureds thereunder designated by Landlord. In addition, the insurance described in Section 10.3.1 above shall (a) name Landlord, and any other party specified by Landlord, as an additional insured; (b) 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 carried required by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (vd) be in form and content reasonably contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; . In addition, the insurance described in Section 10.3.2 shall name Landlord as loss-payee as to all items referred to in clause (ii) of Section 10.3.2 and (vi) provide that said the insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice described in Sections 10.3.2 and 10.3.3 shall have been given to Landlord and any mortgagee of Landlordcommercially reasonable deductibles. Tenant shall deliver said policy all policies or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) thereof to Landlord on or before Landlord's delivery of the Premises to Tenant or the Lease Commencement Date Date, whichever first occurs, and before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, may deny Tenant the right to occupy the Premises until such time as Tenant makes such deliveries (which denial shall have no effect upon the Lease Commencement Date) and/or procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of the bills therefor.

Appears in 1 contract

Samples: Office Lease (Kratos Defense & Security Solutions, 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 the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 a material policy change be made unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord. All commercial general liability and property damage liability policies maintained by Tenant will contain a provision that Landlord and any other additional insured, although named as an insured, will nevertheless be entitled to recover under such policies for any loss sustained by Landlord, Landlord’s agents, and Landlord’s employees as a result of the acts or omissions of Tenant. The insurance required to be maintained by Tenant under this Article 10 may be subject to commercially reasonable deductibles (not to exceed $100,000); provided, however, that the Original Tenant (and any Permitted Transferee to whom all of Tenant’s interest in this Lease has been assigned) shall be permitted to maintain commercially reasonable deductibles (in excess of $100,000) in connection with its coverage for perils caused by flood, windstorm and/or earthquakes. Tenant shall deliver said policy or certificates evidencing such policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) to Landlord on or before the earlier to occur of (A) Lease Commencement Date Date, and (B) the date Tenant commences to occupy any portion of the Premises, and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificates to Landlord, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Obagi Medical Products, 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, its officers, directors and any employees and all other party the persons and/or entities as reasonably directed by Landlord so specifies, as an additional insured, including Landlord's managing agent, if anyinsureds (hereinafter "Additional Insureds"); (ii) specifically cover cover, including any Additional Insured endorsements, the liability arising out of the ownership, maintenance or use of the Premises and all assumed liability by Tenant under this Lease, including, but not limited to, Tenant's third-party indemnification obligations under Section 10.1 of this Lease; (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-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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) be in form and content reasonably acceptable to Landlord; and (vivii) 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 (except for cancellation for non- payment of premium); and (viii) Tenant's commercial general liability coverage (including Additional Insured endorsements, and primary and non-contributory endorsements), property insurance and Worker's Compensation and Employer's Liability coverage shall include a waiver of subrogation endorsement in favor of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (8x8 Inc /De/)

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 shall: (i) with respect to commercial general liability insurance and automobile liability insurance, name Landlord, and any other party property manager of the Building and mortgagee of the Building whose names have been provided by Landlord so specifiesto Tenant, as an additional insuredinsureds, including Landlord's managing agent, if anyas their respective interests may appear; (ii) with respect to the Property 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; (iii) 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 ’s obligations under Section 10.1 of this Lease10.1.1 above; (iiiiv) be issued by an insurance company having a rating of not less than A-X VII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed allowed to do business in the State 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) be in form and content reasonably acceptable to Landlord; and (vi) provide that said include commercially reasonable deductibles. Tenant shall notify Landlord if any of Tenant’s insurance shall not policies will be canceled cancelled or coverage changed unless thirty (30) days' prior written reduced promptly after Tenant receives notice shall have been given to Landlord and any mortgagee of Landlordthereof from the applicable insurance provider. Tenant shall deliver said policy or certificates evidencing such policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) to Landlord on or before the Lease Commencement Insurance Start Date and before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event If Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificate within such time periods, Landlord may, at its option, after at least two (2) business days’ written notice to Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five thirty (530) 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 All insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 (viii) 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. In addition, the insurance described in Section 10.3.1 above shall (a) name Landlord, and any other party specified by Landlord, as an additional insured; (b) 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 required 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. Tenant shall deliver said policy all policies or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor.. 10.5

Appears in 1 contract

Samples: Office Lease (Central Coast 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 (i) name Landlord, and any other party the Landlord so specifiesspecifies that has a material financial interest in the Project, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least ten (10) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, after written notice to Tenant and Tenant’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Ixia)

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 the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A-:VIII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Cotherix 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 the Landlord so specifiesspecifies that has a material financial interest in the Project, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VIII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least fifteen (15) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Affymetrix 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 Tenant's liability insurance shall (i) name Landlord, Landlord's lender and any other party the Landlord so specifies, as an additional insured, including Landlord's managing agent, if any, as an additional insured; (ii) be written on occurrence form, and specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations under Section SECTION 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State Commonwealth of CaliforniaMassachusetts; (iv) be primary insurance to the extent covering claims for which Tenant is required to indemnify Landlord pursuant to SECTION 10.2 and as to all claims thereunder arising within the Premises and/or the Building, and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) be in form and content reasonably acceptable to Landlord; and (vi) 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) evidence of such coverage to Landlord on or before the Lease Commencement Date and before at the expiration dates thereof (and Tenant's failure to deliver time of any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)renewal thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificateevidence, including a certificate of insurance, 36 Landlord may, at its option, if Tenant fails to provide evidence of such insurance within five (5) business days after notice from Landlord, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Cytyc 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 the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VIII in Best's ’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificates, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Novacea 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 the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and licensed to do business in the State 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 of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, after five (5) business days notice to Tenant and Tenant’s failure to cure within such 5-business day period, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Childrens Place Retail Stores 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 Landlord and Tenant under this Lease. Such All insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A- VIII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 (viii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord the other party and any mortgagee or ground or underlying lessor of Landlord. In addition, the insurance described in Section 7.3.1 above shall (a) name Landlord, and any other party specified by Landlord, as an additional insured; (b) 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; (c) be primary insurance as to all claims thereunder and provide that any insurance required 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. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the upon execution of this Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof costs of it shall be paid to Landlord as Additional Rent within five fifteen (515) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease (American Residential Investment Trust 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 the Landlord it so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate in which the 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 noncontributing 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; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord. Tenant may obtain the insurance coverage required under this Article 10 in the form of a blanket insurance policy. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Ticketmaster)

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 the Landlord it so specifies, as an additional 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 ’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A IX in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate in which the 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 Notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Rent Commencement Date and before thereafter Tenant shall endeavor to deliver to Landlord certificates of insurance evidencing Tenant’s insurance coverage at least thirty (30) days prior to the expiration dates thereof (and Tenant's failure to deliver of any such policypolicy and shall deliver such certificate, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations event, not less than two (2) Business Days prior to pay Rent under this Lease)such expiration date. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificates thereof, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Beyond Meat, 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 the if Landlord so specifieselects, as an additional insured, including Landlord's managing agent, if anypartners) and Lanxxxxx'x lender(s) as addixxxxxx insureds thereunder; (ii) 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; (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-X 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 licensed to do business in the State of CaliforniaLandlord; (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) 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; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) 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 (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof (and a reasonable administrative fee) shall be paid to Landlord within five thirty (530) 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 All insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 LandlordArizona; and (viii) 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. In addition, the insurance described in Section 10.3.1 above shall (a) name Landlord, and any other party specified by Landlord, as an additional insured; (b) 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 required by Landlord is excess and is noncontributing with any insurance requirement of Tenant; and (d) contain a cross-liability endorsement or severability of interest clause reasonably acceptable to Landlord. In addition, the insurance described in Section 10.3.2 shall name Landlord and any other party specified by Landlord as loss-payee as to all items referred to in clauses (ii) and (iii) of Section 10.3.2. Tenant shall deliver said policy all policies or policies (or, if Tenant is unable to timely deliver said policy(ies), 22 certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its optionoption upon notice to Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Microage Inc /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 (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies or certificates (or, if Tenant is unable to timely deliver said policy(ies), certificates thereofincluding endorsements) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Prime Response Group Inc/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 (i) name Landlord, its subsidiaries and affiliates, its property manager (if any) and any other party the Landlord so specifies, as an additional insured, including Landlord's ’s managing agentagent (but only with regard to commercial liability and general 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X :IX in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of LandlordLandlord (unless such cancellation is the result of non-payment of premiums). Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least ten (10) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such -24- HCP, INC. [4930 Director’s Place] [Sorrento Therapeutics, Inc.] insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Sorrento Gateway (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 (i) name Landlord, and any other party the Landlord it so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 that Tenant has received written notice of such entity's rights and address); and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before entering onto the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)Premises and five business days following the renewal date thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease (Advanced Tissue Sciences 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 Landlord, ’s property manager (and any other party the lender or lenders designated by Landlord so specifies, to Tenant) as an additional insured, including Landlord's managing agent, if anyinsureds (such requirement shall not apply to 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 of this Leasesimilarly situated tenants in other Comparable Buildings; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 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; and (vi) contain a separation of insureds endorsement 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 any mortgagee of LandlordTenant that all insurance held by Landlord (or the Landlord Parties, as applicable) shall be excess above the insurance required to be obtained by Tenant under this Lease. Tenant shall deliver said policy policies or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) 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 (thereof. 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 Tenant's failure to deliver any such policytheir respective members, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent managers, partners, officers, directors, affiliates, agents, employees, successors and assigns are additional insureds. The coverage under this Lease)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. In Such endorsements must be separate from certificates of insurance. Unless Tenant provides Landlord with a blanket additional insured endorsement which evidences the event 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 shall at any time fail to procure such insuranceprovide the insurance required by this Lease, or to deliver should such policies or certificateinsurance be cancelled, Landlord may, at its option, procure such policies for shall have the account of Tenant, and the cost thereof shall be paid to Landlord within 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 Tenant shall pay the cost thereof as Additional Rent within ten days after delivery to Tenant of bills thereforLandlord’s demand.

Appears in 1 contract

Samples: Office Lease (Doma 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) be an occurrence policy (or policies); (ii) name Landlord, the Project or Building manager or managers, and any other party having an interest in the Landlord so specifies, Project as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating General Policyholders Rating of not less than A-X B+ or better and a financial size of "VI" or better, as set forth in the most current issue of Best's Insurance Guide Rating Guide, or which is otherwise acceptable to Landlord and licensed to do business in the State 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 noncontributing 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' days prior written notice shall have been given to Landlord and any mortgagee of 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 does not reduce the coverage, impair the rights of either party or negate the requirements of this Lease. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates 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 thereof (and Tenant's failure to deliver any date of such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificates and appropriate endorsements, Landlord may, at its option, 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 five (5) 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 (i) name Landlord, and any other party the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies or certificates (or, if Tenant is unable to timely deliver said policy(ies), certificates thereofincluding endorsements) thereof to Landlord on or before the Lease Commencement Date and at least twenty (20) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its optionoption and upon ten (10) day prior written notice to Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) 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 (i) name Landlord, its subsidiaries and affiliates, its property manager (if any) and any other party the Landlord so specifies, as an additional insuredinsured or loss payee, as applicable, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X :IX in Best's ’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and licensed to do business in the State 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) if 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 of LandlordLandlord (unless such cancellation is the result of non-payment of premiums). Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least ten (10) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, and such failure is not cured within five (5) business days after Tenant’s receipt of written notice from, then Landlord may, at its option, procure such policies for the account of Tenant, and the out-of-pocket cost thereof shall be paid to Landlord within five (5) business days after delivery to Tenant of bills therefor.. 00 Xxxxxxxxx Xxxxxxx Xxxxxxx Xxxxxxxx Xxxx [Britannia Gateway Business Park] [Senti Biosciences, Inc.]

Appears in 1 contract

Samples: Lease (Dynamics Special Purpose 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 provide that Landlord, Xxxxxxxx Xxxx Services, Inc., and CIGNA and New York State Teachers Retirement System (or any other party the successor lender or lenders designated by Landlord so specifies, as to Tenant) are each an additional insured, including Landlord's managing agent, if any; (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 of this Leasesimilarly situated tenants in other Comparable Buildings; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof thereof. 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 (form B), which include the following exact wording: It is agreed that Water Garden Company L.L.C., Xxxxxxxx Xxxx Services, Inc, CIGNA, New York State Teachers Retirement System [or any replacement lender], and Tenant's failure to deliver any such policytheir respective members, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent managers, partners, officers, directors, affiliates, agents, employees, successors and assigns are additional insureds. The coverage under this Lease)policy is primary insurance with regard to work performed by or at the direction of [Tenant]. In Such endorsements must be separate from certificates of insurance. Unless Tenant provides Landlord with a blanket additional insured endorsement which evidences the event 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 shall at any time fail to procure such insuranceprovide the insurance required by this Lease, or to deliver should such policies or certificateinsurance be cancelled, Landlord may, at its option, procure such policies for shall have the account of Tenant, and the cost thereof shall be paid to Landlord within 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 Tenant shall pay the cost thereof as Additional Rent within ten days after delivery to Tenant of bills thereforLandlord's demand.

Appears in 1 contract

Samples: Specialty 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 the Landlord it so specifies, as an additional 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 of this Leaseabove; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate 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 shall have been given to Landlord and any mortgagee or ground or underlying lessor of 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 843078.08/SD374622-00033/8-4-16/MLT/dek -26- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.] exceeding Five Thousand Dollars ($5,000.00). Tenant shall deliver said policy such policies or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event If Tenant shall fail to procure such insurance, or to deliver such policies 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 five ten (510) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Basic Lease Information (Achaogen 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 Each policy of insurance shall required to be carried by Tenant pursuant to this Section 9.1 shall: (i) name Landlord, Landlord and any such other party the parties in interest as Landlord so specifies, reasonably designates as an additional insured, including Landlord's managing agent, if anyinsureds; (ii) be primary insurance as to all claims thereunder and provide that the insurer shall be liable for the full amount of the loss up to and including the total amount of liability set forth in the declarations without the right of contribution from any other insurance coverage of Landlord; (iii) be in form and content reasonably satisfactory to Landlord; (iv) be issued by an insurance company having a rating of not less than A-X in Best’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and licensed to do business in the State of California; (v) provide that such insurance shall not be subject to cancellation, lapse or coverage change unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord; (vi) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's ’s obligations under Section 10.1 of this Lease; (iiivii) be issued by an insurance company having shall contain a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 Landlordcross liability endorsement; and (viviii) provide that said shall contain a “severability” clause. If Tenant has in full force and effect a blanket policy of liability insurance shall not be canceled or with the same coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) to Landlord on or before the Lease Commencement Date and before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease). In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account Premises as described above, as well as other coverage of other premises and properties of Tenant, and or in which Tenant has some interest, such blanket insurance shall satisfy the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant requirements of bills thereforthis Section 9.1.

Appears in 1 contract

Samples: Acceptance Agreement (Rodgers Silicon Valley Acquisition 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, Landlord's lender and any other party reasonably identified by Landlord (to the Landlord so specifiesextent such third party has a vested economic interest in the Project), as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) and applicable endorsements thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, upon notice to Tenant and the expiration of a fifteen (15) day cure period, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Amn Healthcare Services 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 the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A-X in Best's Insurance Guide A‑X, or which is otherwise acceptable to Landlord and licensed to do business in the State of California; Washington, (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) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) 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, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of: (x) the Lease Commencement Date Date, and before (y) the expiration dates thereof 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 (and Tenant's failure to deliver any II) five (5) business days after the renewal of such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Concur 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 (i) name Landlord, its subsidiaries and affiliates, its property manager (if any) and any other party the Landlord so specifies, as an additional insured, including Landlord's managing agentagent (but only with regard to commercial liability and general 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X :IX in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of LandlordLandlord (unless such cancellation is the result of non-payment of premiums). Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least ten (10) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.. 24 HCP, INC.[4939 Director's Place][Sorrento Therapeutics, Inc.]

Appears in 1 contract

Samples: Sorrento Gateway (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 (i) name Landlord, and any other party the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A-:X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of CaliforniaWashington; (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 shall notify Landlord of any material change in Tenant’s insurance coverage that causes such coverage to fail to comply with the requirements of this Article 10 within three (3) business days following any such change. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least fifteen (15) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, within five (5) days after demand by Landlord, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five ten (510) business days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Blucora, 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 (and any other party the mortgagee or ground or underlying lessor of Landlord so specifies, after Landlord's written request therefor) as an additional 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 of this Leaseabove; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate 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 shall have been given to Landlord and any mortgagee or ground or underlying lessor of 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 and 10.3.2 above, have deductible amounts not exceeding Five Thousand Dollars ($5,000.00). Tenant shall deliver said policy such policies or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event If Tenant shall fail to procure such insurance, or to deliver such policies 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 five ten (510) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Tenant Work Letter (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 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 the Landlord so specifies, as an additional insured, including Landlord's managing agent, if any; (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 Article 2 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate in which the 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) 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 be given in accordance with the provisions of the 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 10.2(a), 10.2(b), 10.2(d) and 10.2(e) above, have been given to Landlord and any mortgagee of Landlorddeductible amounts not exceeding $5,000.00. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and within fifteen (15) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event If Tenant shall fail to procure such insurance, or to deliver such policies 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 16.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as additional rent within five ten (510) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Nuvectra 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 the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to approved in advance by Landlord and licensed to do business in the State 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 shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and thereof. Further, Landlord shall have the right, from time to time, to request copies of policies of Tenant's failure to deliver any such policyinsurance required hereunder, policies or certificates on or before the Lease Commencement Date which Tenant shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereafter provide within ten (10) business days. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Palisade Bio, 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 the Landlord so reasonably specifies, in writing, as an additional insured, including Landlord's Lxxxxxxx’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies)at Tenant’s option, certificates thereof(including endorsements) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, within live (5) days following written notice from Landlord to Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (LoopNet, 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 lenders, the lessors of a ground or underlying lease with respect to the Real Property and any other party the Landlord so specifies, as an additional 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 Article 11 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate in which the 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 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; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.2.1, 10.2.2, 10.2.4 and 10.2.5 above, have deductible amounts not exceeding $10,000.00. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event If Tenant shall fail to procure such insurance, or to deliver such policies 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 16.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five ten (510) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (United Western Bancorp 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 Landlord or Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord it so specifies, as an additional 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 ’s obligations under Section 10.1 of this Lease8.1 above; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of CaliforniaTexas; (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) 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; (vi) contain a cross liability endorsement or severability of interest clause reasonably acceptable to Landlord; and (vii) have commercially reasonable deductible amounts. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least ten (10) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event If Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificates, 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 12.1 below, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five thirty (530) days after delivery to Tenant of bills thereforinvoice.

Appears in 1 contract

Samples: Office Lease (bioAffinity 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 (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Franchise Mortgage Acceptance Co)

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) with respect to the Commercial General Liability Insurance policy, name Landlord, and any other party the Landlord reasonably so specifies, as an additional insured, including Landlord's ’s managing agent, if any; (ii) specifically cover cover, to the extent reasonably available, the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's ’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A-:VIII in Best's ’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and licensed to do business in the State 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 such insurer endeavors to provide ten (3010) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, following not less than ten (10) business days prior written notice to Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Opentv 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 Each policy of insurance required to be carried by Tenant under this Lease (including, without limitation, all insurance required pursuant to Section 5.4.6 above) shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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) be in form and content reasonably acceptable to Landlord; and (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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Terremark Worldwide 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, its officers, directors and any other party the Landlord so specifiesemployees, as an additional insured, including Landlord's managing agentproperty manager, if anyand all other persons and/or entities as reasonably directed by Landlord as additional insureds (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 obligations under Section 10.1 of 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-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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; (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 of Landlord (except for cancellation for non-payment of premium); and (vii) Tenant's commercial general liability coverage (including Additional Insured endorsements, and primary and non-contributory endorsements), property insurance and Worker's Compensation and Employer's Liability coverage shall include a waiver of subrogation endorsement in favor of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Roku, 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 the Landlord so specifies, as an additional named insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificates, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (KAYAK SOFTWARE Corp)

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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 the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VIII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of LandlordLandlord to the extent such names are furnished to Tenant. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) 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 (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificates, Landlord may, at its option, on five (5) days notice to Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.. FOUR EMBARCADERO CENTER 607152.05/WLA [Nighthawk Radiology Services, LLC] E2621-081/1-8-07/kt/kt -24- [AMLGMN]

Appears in 1 contract

Samples: Office Lease (NightHawk Radiology 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 All insurance required of Tenant may be subject to standard deductibles. All insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of California; and (ivii) 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 specified by Landlord, as an additional insured; (b) 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 to the extent of losses arising out of the acts or omissions 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 shall deliver said policy or certificates of all policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) to Landlord on or before the Lease Commencement Date and proof of continuation of coverage before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, (i) deny Tenant the right to occupy the Premises until such time as Tenant delivers such policies or certificate (which denial shall have no effect upon the Lease Commencement Date), or (ii) upon at least ten (10) days’ prior notice to Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) 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 (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A-:X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and before at least ten (10) days after the expiration dates thereof (and thereof. Further, Landlord shall have the right, from time to time, to request copies of policies of Tenant's failure to deliver any such policyinsurance required hereunder, policies or certificates on or before the Lease Commencement Date which Tenant shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereafter provide within ten (10) business days. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) 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 the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 matter that is or may be excluded from coverage under a commercial general liability policy (e.g., the sale, service or consumption of Landlordalcoholic beverages), Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter (including liquor liability, if applicable) in such amounts as Landlord may reasonably require. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) 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 thereof. 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 (and 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 failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's ’s obligations to pay Rent under this Lease)hereunder. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof thereof, plus Landlord’s standard administrative fee, shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (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 (i) name Landlord, Landlord's lender, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A-:VIII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; provided, any lapse in coverage shall not be canceled or coverage changed unless thirty (30) days' prior written notice deemed self-insured by Tenant and Landlord shall have been given the immediate right to Landlord and any mortgagee of Landlordprocure replacement coverage at Tenant's cost. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) 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

Samples: Office Lease (Allied Esports Entertainment, Inc.)

Form of Policies. The minimum policies required to be maintained by Tenant pursuant to Paragraphs 8.2(a), (b), (c) (d), (e) and (f) above shall be with companies having a Best Insurance Guide rating of A- VII or better and be on forms, with deductible amounts (if any), and loss payable clauses (as to the insurance referred to in Paragraph 8.2(a) applicable to leasehold improvements installed by Tenant) reasonably satisfactory to Landlord, shall include Landlord and the beneficiary or mortgagee of any deed of trust or mortgage encumbering the Premises and/or the Land as additional insureds, and shall provide that such parties may, although additional insureds, recover for loss suffered by Tenant’s negligence. Certified copies of certificates of insurance shall be delivered to Landlord prior to the Commencement Date; a new certificate shall be delivered to Landlord prior to the expiration date of the old policy. Tenant shall have the right to provide insurance coverage which it is obligated to carry pursuant to the terms hereof in a blanket policy, provided such blanket policy expressly affords coverage to the Premises and Common Area and to Tenant as required by this Lease. Tenant shall notify Landlord in writing (i) of any delinquency in premium payments (within three (3) business days after Tenant receives any notice of non-payment from its insurer(s)) and (ii) at least thirty (30) days prior to any loss of coverage of any policy. Tenant’s policies shall provide coverage on an occurrence basis and not on a claims made basis. In no event shall the limits of any policies of insurance required of maintained by Tenant under this Lease shall in no event limit be considered as limiting the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) to Landlord on or before the Lease Commencement Date and before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease). In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Improvement Agreement (Calix, 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 beneficiaries, Landlord's Management Agent, the Mortgagees, any ground or underlying lessors of the Building, and any other party the Landlord so specifies, as an additional insuredinsureds, 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 14 of this Lease; , (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of California; 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) 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) 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 the Building; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least 30 days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificates, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: 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 All insurance shall be issued on an occurrence basis and shall be (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 (viii) 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. In addition, the insurance described in Section 10.3.1 above shall (a) name Landlord, and any other party reasonably specified by Landlord, as an additional insured; (b) 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. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Effective Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof costs of it shall be paid to Landlord as Additional Rent within five fifteen (515) 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 1 contract

Samples: Office Lease and Settlement Agreement (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 insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 approved by 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. All commercial general liability and property damage liability policies maintained by Tenant will contain a provision that Landlord and any other additional insured, although named as an insured, will nevertheless be entitled to recover under such policies for any loss sustained by Landlord, Landlord's agents, and Landlord's employees as a result of the acts or omissions of Tenant. Insurance required to be maintained by Tenant by this Article 10 may be subject to commercially reasonable deductibles (not to exceed $100,000.00). Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) 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 XXXXXX REALTY [999 North Xxxxxxxxx] [Encore Software] 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 1 contract

Samples: Office Lease (Navarre Corp /Mn/)

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) except with respect to Worker's Compensation and Employer's Liability, name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VIII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of California; (iv) be primary and non-contributory 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 fifteen (3015) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and thereof. Further, Landlord shall have the right, from time to time, to request copies of policies of Tenant's failure to deliver any such policyinsurance required hereunder, policies or certificates on or before the Lease Commencement Date which Tenant shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereafter provide within ten (10) business days. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.. 10.5

Appears in 1 contract

Samples: Office Lease (Healthequity, 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 the Landlord so specifiesspecifics, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 approved by Landlord prior to Landlordthe execution of this Lease; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given by Tenant to Landlord and any mortgagee mortgage of Landlord. No insurance required to be maintained by Tenant by this Article 10 will be subject to any deductible greater than $50,000 without Landlord’s prior written consent. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof thereof. Notwithstanding the above, Tenant may fulfill (a) up to $4,000,000 of its insurance obligations under Section 10.3.1 above and Tenant's failure (b) its insurance obligations under Section 10.3.2 above, through “blanket” or “umbrella” insurance coverages and/or policies subject to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or Landlord’s reasonable requirements in any way affect Tenant's obligations to pay Rent under this Lease)connection therewith. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Internet Brands, 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 the Landlord it so specifies, as an additional 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 ’s obligations under Section 10.1 of this Leaseabove (to the extent generally available in such coverage); (iii) be issued by an insurance company having a rating of not less than A-X VIII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate 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 ten (3010) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided that such provision 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 Fifty Thousand Dollars ($50,000.00). Tenant shall deliver said policy such policies or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event If Tenant shall fail to procure such insurance, or to deliver such policies 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 five ten (510) days after delivery to Tenant 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

Samples: Lease (Poseida 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 the Landlord it so specifies, as an additional 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 of this Leaseabove (to the extent generally available in such coverage); (iii) be issued by an insurance company having a rating of not less than A-X A–/VII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate 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 to the extent reasonably available based on then insurance industry custom and content reasonably acceptable to Landlord; and (vi) 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 that such provision 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 Fifty Thousand Dollars ($50,000.00). Tenant shall deliver said policy such policies or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least five (5) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event If Tenant shall fail to procure such insurance, or to deliver such policies 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 five ten (510) days after delivery to Tenant 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

Samples: And Maintenance Agreement (Tocagen 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 the Landlord it so specifies, as an additional 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 ’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate in which the 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; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Nara Bancorp Inc)

Form of Policies. The minimum limits of policies of insurance required ---------------- of Tenant under this Lease shall in no event limit the liability Liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Turbolinux 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 the Landlord it so specifiesspecifies in a written notice to Tenant, as an additional insured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under Section 10 of this Lease, including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed permitted to do business in the State of Californiastate in which the 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 fifteen (3015) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord to the extent such names are furnished to Tenant; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least one (1) day before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, on five (5) days notice to Tenant procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Aames Financial Corp/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 (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed qualified to do business in the State 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) be in form and content reasonably acceptable to Landlord; and (vi) 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 of Landlord, provided, however that this advance notice provision shall not apply to the annual renewal of policies in the ordinary course of business of the substitution of policies in the event of a change of control of Tenant. Tenant shall deliver said policy or certificates evidencing such policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) to Landlord on or before the Lease Commencement Date and before within ten (10) business days after the expiration dates thereof (and thereof. Further, Landlord shall have the right, from time to time, to request in writing copies of policies of Tenant's failure to deliver any such policyinsurance required hereunder, policies or certificates on or before the Lease Commencement Date which Tenant shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereafter provide within fifteen (15) business days. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) 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 1 contract

Samples: Rovi 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 LandlordLandlord Parties, and any other party the Landlord so specifiesspecifies who has a security interest in the Project and/or Landlord’s direct or indirect interests therein, as an additional 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 ’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VIII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed authorized to do business in the State of Californiawhere the 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 (10 days for non-payment of premiums) shall have been given to Landlord and any mortgagee of LandlordLandlord (provided that if Tenant’s insurance carrier is only willing to endeavor to provide such advance notice, such requirement shall not be a Tenant default under this Lease). Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) 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. 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 1 contract

Samples: Office Lease (Oxigene 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 the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease, as an insured contract; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease (Neophotonics 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 under this Lease. Such Each party's insurance shall (ia) name the other party (including, as to Landlord, and any other party the Landlord so specifies"Lender," as described in Article 18 below), as an additional insured, including Landlord's managing agent, if any; (iib) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's indemnity obligations under set forth in Section 10.1 of this Lease; (iiic) be issued by an insurance company having a rating of not less than A-X A-/VIII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of CaliforniaGuide; (ivd) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is thereunder, not excess and is non-contributing with any insurance requirement of Tenantcontributory; (ve) be in form and content reasonably contain a cross-liability endorsement or severability of interest clause acceptable to Landlordthe named party; and (vif) be written on an occurrence basis. Each party shall cause its insurance carrier to provide that said insurance carrier shall not be canceled or coverage changed unless give thirty (30) days' days prior written notice shall have been given to Landlord the other party and any mortgagee or ground or underlying lessor of LandlordLandlord prior to the date said insurance is canceled. Tenant The parties agree that they may satisfy their insurance requirements herein with a "blanket" or "umbrella" insurance policy covering the Premises and other premises of such party. Each party shall deliver said policy to the other party policies or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) to Landlord thereof reflecting the required insurance coverages on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant either party shall fail to procure such insurance, or to deliver such policies or certificatecertificate at least thirty (30) days before the expiration dates thereof, Landlord may, the other party may at its option, if such failure continues for ten (10) business days following written notice to the other party, procure such policies for the account of Tenantthe party delivering notice, and the cost thereof shall be paid to Landlord as Additional Rent, if the defaulting party is Tenant, or paid to Tenant within five thirty (530) days after delivery to Tenant Landlord of bills therefor, if the defaulting party if Landlord.

Appears in 1 contract

Samples: Office Lease (Wellpoint Health Networks Inc /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 (i) name Landlord, Landlord’s managing agent, and any other party the Landlord so specifiesspecifies (“Additional Insured Parties”), as an additional 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 ’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 reduced unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord. With respect to the umbrella liability coverage, Tenant, at Tenant’s sole expense, shall procure a “per location” endorsement or equivalent reasonably acceptable to Landlord so that the general aggregate and other limits apply separately and specifically to the Premises. Tenant shall deliver said policy or policies (orto Landlord, if Tenant is unable to timely deliver said policy(ies), certificates thereof) to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof 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 failure ’s insurance company, and which shall expressly contain an unconditional obligation of the insurance company to deliver advise all of the Additional Insured Parties in writing by certified mail, return receipt requested, at least thirty (30) days in advance of any such policytermination or change to the policies that would affect the interest of any of the Additional Insured Parties, policies or certificates on or before except that ten (10) days’ prior written notice may be given in the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)case of nonpayment of premiums. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) 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 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 and business auto liability insurance shall (i) name Landlord, The Xxxxxx Companies, Inc., Landlord’s Mortgagee (provided Landlord delivers notice of the name and address of its Mortgagee to Tenant), and any other party the Landlord so specifiesspecifies with an insurable interest, as an additional insuredinsureds, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A-:VIII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of CaliforniaNevada; (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) if available at a commercially reasonable premium, 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 Mortgagee of LandlordLandlord (provided Landlord delivers notice of the name and address of such Mortgagee to Tenant). The deductibles for all insurance required to be maintained by Tenant hereunder shall be commercially reasonable. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) for such insurance to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (HMS Holdings 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 Landlord, its subsidiaries and affiliates, Landlord’s property and/or development manager and any other party Landlord so specifies, shall be named as an additional insured under the policies listed in Sections 10.3.1, 10.3.2 and 10.3.3 using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All insurance policies required to be maintained by Tenant shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 ’s obligations under Section 10.1 of this Lease; (iiiii) be issued by an insurance company having a rating of not less than A-X :VIII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 required of Tenant; (viv) be in form and content reasonably acceptable to LandlordLandlord (Tenant shall provide full and complete copies of any policies that Landlord reasonably requests); and (viv) 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 of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) 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 ten (10) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificate within ten (10) days after written notice from Landlord, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease (Vir Biotechnology, 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, Xxxxxxxx's lender, and any other party the Landlord so specifies, as an additional insured, including LandlordXxxxxxxx'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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.. 10.5

Appears in 1 contract

Samples: Aadi Bioscience, Inc.

Form of Policies. The minimum policies required to be maintained by Tenant pursuant to Paragraphs 8.2(a), (b), (c), (d), (e), and (f) above shall be with companies having an A.M. Best’s Insurance Guide rating of A- VII or better and be on forms, with deductible amounts (if any), and loss payable clauses (as to the insurance referred to in Paragraph 8.2(a) applicable to leasehold improvements installed by Tenant as Tenant’s sole cost) reasonably satisfactory to Landlord and its lender, shall include Landlord and the beneficiary or mortgagee of any deed of trust or mortgage encumbering the Premises and/or the Land as additional insureds (with regard to the insurance described in Paragraphs 8.2 and loss payees (with regard to the insurance described in Paragraphs 8.2(a), (c) and (f), and shall provide that such parties may, although additional insureds or loss payees, recover for any loss suffered by the negligence of Tenant or any Tenant Related Parties subject to Paragraph 8.6 of this Lease. Certificates of insurance for the policies to be required by Tenant to include additional insured endorsements shall be delivered to Landlord prior to the Commencement Date; a new policy or certificate shall be delivered to Landlord prior to the expiration date of the old policy. Tenant shall have the right to provide insurance coverage which it is obligated to carry pursuant to the terms hereof in a blanket policy, provided such blanket policy expressly affords coverage to the Premises and Common Area and to Tenant as required by this Lease. Tenant shall provide Landlord and any beneficiary or mortgagee of a deed of trust or mortgage encumbering the Premises and/or the Land in writing of any delinquency in premium payments and at least thirty (30) days prior to any cancellation or material modification of any policy. Tenant’s policies shall provide coverage on an occurrence basis and not on a claims made basis. In no event shall the limits of any policies of insurance required of maintained by Tenant under this Lease shall in no event limit be considered as limiting the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) to Landlord on or before the Lease Commencement Date and before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease). In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease Agreement (Rambus 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, by endorsement, (i) name Landlord, and any other party the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VIII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord, the identity of whom has been provided to Tenant in writing; provided, however, that if Tenant’s insurance carrier will not provide such notice to Landlord, then Tenant must provide such written notice to Landlord within the time frame set forth above. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least ten (10) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) 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 Tenant's liability insurance shall (i) name Landlord, Landlord's lender and any other party the Landlord so specifies, as an additional insured, including Landlord's managing agent, if any, as an additional insured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations under Section SECTION 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State Commonwealth of CaliforniaMassachusetts; (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) be in form and content reasonably acceptable to Landlord; and (vi) provide that said Tenant's insurance carrier shall not be endeavor to give Landlord ten days' written notice prior to such insurance being canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlordreduced. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) evidence of such coverage to Landlord on or before the Lease Commencement Date and before at the expiration dates thereof (and Tenant's failure to deliver time of any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)renewal thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificateevidence, including a certificate of insurance, Landlord may, at its option, if Tenant fails to provide evidence of such insurance within five (5) business days after notice from Landlord, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) business days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (3com 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 the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord; and (vii) with respect to insurance required in Sections 10.3.1 and 10.3.2 above, have deductible amounts not exceeding Five Thousand Dollars ($5,000.00). Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policythereof, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease). In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) 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 (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insuredinsured or loss payee, as applicable, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X :VIII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of CaliforniaNorth 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) be in form and content reasonably acceptable to Landlord; and (vi) 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 of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) 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 ten (10) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificate within ten (10) days after written notice from Landlord, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease (Braeburn 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 lenders, the lessors of a ground or underlying lease with respect to the Real Property and any other party the Landlord so specifies, as an additional 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 Article 11 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Californiastate in which the 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 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; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.2.1, 10.2.2, 10.2.4 and 10.2.5 above, have deductible amounts not exceeding $5,000.00. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event If Tenant shall fail to procure such insurance, or to deliver such policies 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 16.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five ten (510) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Matrix Bancorp 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 managing agent, and any other party the Landlord so specifiesspecifies (“Additional Insured Parties”), as an additional 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 ’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. With respect to the umbrella liability coverage, Tenant, at Tenant’s sole expense, shall procure a “per location” endorsement or equivalent reasonably acceptable to Landlord so that the general aggregate and other limits apply separately and specifically to the Premises. Tenant shall deliver said policy or policies (orto Landlord, if Tenant is unable to timely deliver said policy(ies), certificates thereof) to Landlord on or before the Lease Commencement Date and at least ten (10) business days before the expiration dates thereof thereof, a certification from Tenant’s insurance company on the forms currently designated “AXXXX 28” (Evidence of Commercial Property Insurance) and “AXXXX 25-S” (Certificate of Liability Insurance), or the equivalent, provided that attached to the AXXXX 25-S is an endorsement naming the Additional Insured Parties as additional insureds, which shall be binding on Tenant's failure ’s insurance company, and which shall expressly (a) provide that such certification conveys to the Additional Insured Parties all the rights and privileges afforded under the policies as primary insurance, and (b) 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. In lieu of such certificates, Landlord shall have the right to require Tenant to deliver any such policyto Landlord, and if so required by Landlord, Tenant shall deliver to Landlord, copies of the policies or certificates on or before of insurance required to be carried pursuant to Section 10.3 showing that the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)Additional Insured Parties are named as additional insureds. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (ShoreTel 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 the which Landlord so specifies, as an additional insureda named insured including without limitation one or more loss payee endorsements in favor of the holders 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, including Landlord's managing agent, if anyor 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord or Landlord's Mortgagees and licensed to do business in the State of CaliforniaState(s) in which the 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; (v) be in form and content reasonably acceptable to Landlord; and (viiv) 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 lessor of Landlord. Tenant shall deliver said policy 's; (v) contain a cross liability endorsement or policies severability of interest clause acceptable to Landlord; and (or, if Tenant is unable to timely deliver said policy(ies), certificates thereofvi) to Landlord on or before the Lease Commencement Date and before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or 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 way affect effect on Tenant's obligations to pay Rent under this Lease)Article 10 or the nature, effect or extent of the insurance coverage required to be maintained hereunder by Tenant. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord mayshall, at its optionTenant's sole cost and expense, procure such policies for comply with all insurance company requirements pertaining to the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant 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 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 the Landlord so specifies, as an additional insured, including Landlord's ’s managing agent, if anyany (for liability policies only); (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's ’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A- VII in A.M. Best's ’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and licensed to do business in the State 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; (v) be in form and content reasonably acceptable . Tenant shall endeavor to Landlord; and (vi) cause such policies to provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice (or ten (10) days in the event of non-payment of premium) shall have been given to Landlord and any mortgagee of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Tranche I Commencement Date and before prior to the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, and such failure continues for more than five (5) business days after written notice, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Service Agreement (Twilio 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 the Landlord so specifiesspecifies that has a material financial interest in the Project, as an additional insured, including Landlord's managing Landxxxx’x xanaging 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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, after written notice to Tenant and Tenant’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: 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 (i) name Landlord, and any other party the Landlord so specifiesreasonably specifies in writing, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 (it being acknowledged that Landlord’s receipt of Tenant’s certificates of insurance evidencing the coverage required pursuant to the terms of this Article 10 shall be deemed acceptable to Landlord); and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' use commercially reasonable efforts to obtain the agreement of the insurer to give prior written notice shall have been given to Landlord and of any mortgagee cancellation or termination of Landlordcoverage. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its optionoption with notice to Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (FIGS, 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 Each policy of insurance shall required to be carried by Tenant pursuant to this Section 9.1, except for Workers Compensation and Employers Liability, shall: (i) name Landlord, Landlord and any such other party the parties in interest as Landlord so specifies, reasonably designates as an additional insured, including Landlord's managing agent, if anyinsureds; (ii) be primary insurance as to all claims thereunder and provide that the insurer shall be liable for the full amount of the loss up to and including the total amount of liability set forth in the declarations without the right of contribution from any other insurance coverage of Landlord; (iii) be in form and content reasonably satisfactory to Landlord; (iv) be issued by an insurance company having a rating of not less than A-VIII in Best's Insurance Guide or which is otherwise reasonably acceptable to Landlord and licensed or authorized to do business in the State of California; (v) Intentionally Omitted; (vi) 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; (iiivii) be issued by an insurance company having shall contain a rating of not less than A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 Landlordcross liability endorsement; and (viviii) 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 Landlordcontain a severability clause. Tenant shall deliver said policy or policies (or, if Tenant is unable provide Landlord notice prior to timely deliver said policy(ies), certificates thereof) to Landlord on or before the Lease Commencement Date and before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies insurance being cancelled or certificates on or before if coverage is changed. If Tenant has in full force and effect a blanket policy of liability insurance with the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease). In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies same coverage for the account Premises as described above, as well as other coverage of other premises and properties of Tenant, and or in which Tenant has some interest, such blanket insurance shall satisfy the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant requirements of bills thereforthis Section 9.1, provided that the Commercial General Liability insurance under this Section 9.1 contains a per location general aggregate.

Appears in 1 contract

Samples: Lease (PROCEPT BioRobotics 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 the Landlord so specifies, as an additional 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 10. 1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X VIII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificatecertificates, within two (2) days following notice from Landlord of such failure, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Corgentech 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, its subsidiaries and affiliates, its property manager (if any) and any other party the Landlord so specifies, as an additional insuredinsured on the liability insurance, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A-:VII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed authorized to do business in the State 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 required of Tenant to the extent of Tenant; (v) be ’s liability under its indemnity obligations contained in form and content reasonably acceptable to Landlord; and (vi) provide that this Lease. Tenant shall not cause said insurance shall not to be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of LandlordLandlord (unless such cancellation is the result of non-payment of premiums, in which case not less than ten (10) days’ notice shall be provided). Tenant shall deliver said policy or certificates of such insurance policies (or, if Tenant is unable to timely deliver said policy(ies), certificates thereof) to Landlord on or before the Lease Commencement Date and before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies within a reasonable time period after removal or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)replacement of coverage. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease (Global Blood 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 (i) name Landlord, Landlord’s lender, and any other party the Landlord so specifies, as an additional insured, including Landlord's ’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 of this Lease; (iii) be issued by an insurance company having a rating of not less than A-X A-:VIII in Best's ’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State 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; 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 of Landlord. Tenant shall deliver said policy or policies (or, if Tenant is unable to timely deliver said policy(ies), or certificates thereof) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof (and Tenant's failure to deliver any such policy, policies or certificates on or before the Lease Commencement Date shall not impact or in any way affect Tenant's obligations to pay Rent under this Lease)thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Xponential Fitness, Inc.)

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