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 it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor.

Appears in 4 contracts

Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)

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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: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to 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 Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant's failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 4 contracts

Samples: Office Lease (Evofem Biosciences, Inc.), Office Lease (Retrophin, Inc.), Office Lease (Acadia 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, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iiiii) be issued by an insurance company having a rating of not less than A–/VII A:X in Best’s 's Insurance Guide or which is otherwise reasonably acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iviii) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (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 or ground or underlying lessor of Landlord (for which Tenant has been provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)notice address. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and evidence of renewal at least thirty ten (3010 ) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) business days after delivery to Tenant of bills therefor. Tenant may meet the minimum levels of insurance set forth in Section 10.3, above, through the use of an "umbrella" policy.

Appears in 4 contracts

Samples: Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to 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 Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 4 contracts

Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD), Office Lease (Airgain Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its subsidiaries and affiliates and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, as applicable, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of North Carolina; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement required of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (viivi) with respect provide that said insurer shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, policies or certificate within such time periodsten (10) days after written notice from Landlord, Landlord may, at its option, in addition option (upon notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant), procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 4 contracts

Samples: Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 10.3.1 and 10.3.4 10.3.3 above, have deductible amounts not exceeding One Hundred Twenty Five Thousand Dollars ($100,000.00)25,000.00) unless Landlord approves the higher amount in writing. Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Landlord may from time to time ask Tenant to seek or obtain other coverages or higher limits or broader coverage for required coverages, as may be commercially reasonable, including adjustments required by holders of indebtedness secured by the Project, and Tenant shall then use its best efforts promptly to obtain the coverages or limits.

Appears in 3 contracts

Samples: Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name as additional insureds Landlord, and the other Additional Insureds listed in Section 16 of the Summary, and any other party it Landlord hereafter so specifies in writing to TenantTenant via written Notice, together with their “Related Parties” defined as an their parents, affiliates, managers, members, directors, officers, employees, subsidiaries, successors, lenders (if required by loan agreements), and their successors and assigns, it being the intent of this Section to trigger the additional insured with respect to the commercial general liability insurancecoverage under any “automatic additional insured” provision of, or endorsement to, Tenant’s insurance policies; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, including Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A:X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice Notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor, together with a fifteen percent (15%) service charge.

Appears in 3 contracts

Samples: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it lender, property manager, agent or affiliate the Landlord reasonably so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general on all liability insuranceinsurance (except employer’s liability), including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof of such policies to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If Tenant shall immediately notify Landlord in the event any policy of insurance carried by Tenant is cancelled or the coverage materially changed. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1after providing Tenant with five (5) business days’ notice, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 3 contracts

Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.), Office Lease (Square, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i1) name Landlord, Landlord’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifics, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:V1II in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of Utah; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.. 10.5

Appears in 3 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) to the extent consistent with industry custom and practice, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Twenty Thousand Dollars ($100,000.0020,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Tenant shall have the right to carry the insurance required hereunder in the form of blanket and/or umbrella policies.

Appears in 2 contracts

Samples: Extension Option Rider (Applied Molecular Transport Inc.), Extension Option Rider (Applied Molecular Transport LLC)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease Each policy referred to in Section 16.1 shall in no event limit satisfy the liability of Tenant under this Lease. Such insurance shallfollowing requirements: (i) the Commercial General Liability policy shall name LandlordLandlord and the Indemnitees as additional insureds, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease“All-Risks” property insurance policy shall name Landlord and the Indemnitees as loss payees, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) each policy shall be issued by an one or more responsible insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized companies licensed to do business in the state in which the Project is located; State of California reasonably satisfactory to Landlord, (iv) be primary insurance as where applicable, each policy shall provide for deductible amounts satisfactory to all claims thereunder Landlord and provide that any insurance carried by Landlord is excess not permit co-insurance, and is non-contributing with any insurance requirement of Tenant; (v) each policy of “All-Risks” property insurance shall provide that said insurance the policy shall not be canceled invalidated should the insured waive in writing prior to a loss, any or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and all rights of recovery against any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide other party for losses covered by such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)policies. Tenant shall deliver to Landlord, certificates of insurance (and at Landlord’s request, copies of all policies and renewals thereof to Landlord on or before be maintained by Tenant hereunder), prior to Xxxxxx’s entry into the Lease Commencement Date Premises and at least thirty (30) days before prior to the expiration dates thereofdate of each policy. Additionally, Tenant shall provide Landlord written notice of any cancellation or amendment of any such insurance within two (2) business days following Tenant’s knowledge of the same. If Tenant shall fail fails to procure such insurance, carry the insurance required under this Article 16 or fails to deliver such provide certificates of renewal as and endorsements, within such time periodswhen required hereunder, Landlord may, at its option, in addition but shall not be obligated to all of its other rights acquire such insurance on Tenant’s behalf or Tenant’s sole cost and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills thereforexpense.

Appears in 2 contracts

Samples: Office/Laboratory Lease (Avista Public Acquisition Corp. II), Workletter Agreement (Ligand Pharmaceuticals Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of Utah; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: shall be issued on an occurrence basis and shall be (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide BEST'S INSURANCE GUIDE or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; and (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (vii) provide that said PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if Landlord. In addition, the insurance company refuses to provide such assurance)described in Section 10.3.1 above shall (a) name Landlord, and any other party reasonably specified by Landlord, as an additional insured; (vib) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (c) be primary insurance as to all claims thereunder and provide that any insurance obtained by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (d) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date (or Tenant's entry into the Building pursuant to the Tenant Work Letter, if earlier) and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof costs of it shall be paid to Landlord as Additional Rent within thirty fifteen (3015) days after delivery to Tenant of bills therefor. Tenant may satisfy the insurance coverage described in this Article 10 through one or more blanket policies so long as such policies otherwise meet the requirements specified above.

Appears in 2 contracts

Samples: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A /VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) to the extent consistent with industry custom and practice, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Twenty Thousand Dollars ($100,000.0020,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the applicable Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Tenant shall have the right to carry the insurance required hereunder in the form of blanket and/or umbrella policies.

Appears in 2 contracts

Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)

Form of Policies. The minimum limits of All insurance policies of insurance required of to be carried by Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) be written by companies rated A VIII or better in “Best’s Insurance Guide” or having an equivalent rating from a reputable financial rating agency such as Xxxxx’x or Standard & Poors, and not prohibited from doing business in California, (ii) name Landlord, Landlord and any other party it so specifies parties designated by Landlord as additional insureds, in writing to Tenantthe case of liability insurance, and name Landlord and Tenant as named insureds, as an additional insured their interest may appear, in the case of any Property Policies (provided if Tenant’s Property Policy is a blanket policy, Landlord shall be a named insured, by endorsement, with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this LeasePremises only), including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) as to liability coverages, be issued by written on an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; “occurrence” basis, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless receive thirty (30) days’ prior written notice shall have been given to Landlord from the insurer before any cancellation or change in coverage, and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (viv) contain a crossprovision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary and non-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance. Tenant shall be liable for payment of any deductible in the insurance required in Sections 10.3.1event of any loss, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)claim or casualty. Tenant shall deliver certificates thereof reasonably satisfactory evidence of such insurance to Landlord on or before the Lease Commencement Date Date, and thereafter at least thirty (30) days before the expiration dates thereof. If of expiring policies; and in the event Tenant shall fail to procure such insurance, insurance or to deliver reasonably satisfactory evidence thereof within five (5) business days after written notice from Landlord of such certificates and endorsements, within such time periodsfailure, Landlord may, at its option, option and in addition to all Landlord’s other remedies in the event of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1a default by Tenant hereunder, procure such policies insurance for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery Charges. The limits of bills thereforthe insurance required under this Lease shall not limit any obligation or liability of Tenant under this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of Washington; (iv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)

Form of Policies. The minimum limits of policies of insurance ---------------- required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) with respect to the coverages required under Sections 10.3.2(ii) and (iv) above, name Landlord, and any other ------------------- ---- party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a ------------ rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Equinix Inc), Equinix Inc

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Five Thousand Dollars ($100,000.005,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) business days after delivery of bills therefor.

Appears in 2 contracts

Samples: Lease (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such Tenant’s liability insurance shall: shall (i) name Landlord, Landlord’s lender and any other party it so specifies in writing to TenantLandlord’s managing agent, if any, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section SECTION 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedCommonwealth of Massachusetts; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed reduced unless thirty ten (3010) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof evidence of such coverage to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates time of any renewal thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementsevidence, within such time periodsincluding a certificate of insurance, Landlord may, at its option, in addition if Tenant fails to all provide evidence of its other rights and remedies under this Lease, and without regard to any such insurance within five (5) business days after notice and cure periods set forth in Section 19.1from Landlord, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) business days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such Tenant's liability insurance shall: shall (i) name Landlord, Landlord's lender and any other party it so specifies in writing to TenantLandlord's managing agent, if any, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section SECTION 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedCommonwealth of Massachusetts; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed reduced unless thirty ten (3010) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof evidence of such coverage to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates time of any renewal thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementsevidence, within such time periodsincluding a certificate of insurance, Landlord may, at its option, in addition if Tenant fails to all provide evidence of its other rights and remedies under this Lease, and without regard to any such insurance within five (5) business days after notice and cure periods set forth in Section 19.1from Landlord, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) business days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant and its agents/contractors under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) shall name Landlord, its subsidiaries and affiliates, Xxxxxxxxxx Property Management Services CA Inc.; Xxxxxxxxxx Strategic Value Fund, LLC; San Diego Inspire Holdings, LLC; LSVF Americas, LP; LSVF Pacific, LP; Xxxxxxxxxx Capital Partners II, LP; Xxxxxxxxxx Real Estate Partners, LLC; Invesco CMI Investments, LP; and any other party it the Landlord so specifies in writing to Tenant(collectively, the “Additional Insureds”), as an additional insured with respect insureds under the policies listed in Sections 10.3.1, 10.3.2, 10.3.3, 10.3.4 and 10.3.6. All insurance policies required to the commercial general liability insurance; (ii) specifically cover the liability assumed be maintained by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; shall (iiii) be issued by an insurance company having a rating of not less than A–/VII A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (ivii) 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; (iii) be in form and content reasonably acceptable to Landlord (Tenant shall provide full and complete copies of any policies that Landlord reasonably requests); (iv) be endorsed with waiver of subrogation endorsements in favor of the Additional Insureds; (v) not contain deductible or self-insured retention in excess of $25,000 unless otherwise approved by Landlord in writing; and (vi) if generally commercially available in California, provide that said insurance insurer shall not be canceled or coverage changed unless provide thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect , to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars extent such names are furnished to Tenant prior to the cancellation of such policy ($100,000.00ten (10) days’ for non-payment of premium). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease earlier to occur of (A) the Rent Commencement Date Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, policies or certificate within such time periodsten (10) days after written notice from Landlord, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Landlord and the Additional Insureds will not be responsible for any deductibles or self-insured retentions related to any insurance under this Article 10.

Appears in 2 contracts

Samples: Lease (Aethlon Medical Inc), Aethlon Medical Inc

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so the Landlord reasonably specifies in writing to Tenantwriting, as an additional insured with respect to the commercial general liability insuranceas their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord, including Landlord’s managing agent, ground lessor and/or lender, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized permitted to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant, as evidenced by an endorsement or policy excerpt; and (v) be in form and content reasonably acceptable to Landlord. Tenant shall endeavor to cause said insurance to provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice (ten (10) days’ in the event of non-payment of premium) shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof and applicable endorsements or policy excerpts which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of: (x) the Phase I Lease Commencement Date Date, and at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) ten (10) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates policies or certificate and applicable endorsements, within such time periods, Landlord may, at its option, in addition option with notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Xxxxxxxx’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Xxxxxxxx’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) if commercially available in California, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) business days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (vii) with respect to . Tenant hereby agrees that in the event of any non-renewal or cancellation of the policies of insurance required in Sections 10.3.1herein, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant shall provide Landlord with notice of such cancellation immediately upon Tenant's first becoming aware of such cancellation or non-renewal. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-/VII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to 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 Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty twenty (3020) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) business 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 as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Splunk Inc)

Form of Policies. The All insurance required by Sections 12.1,12.2 and 12.3 shall be in such form (if ISO forms are used, the “Special” form should be used for those coverages for which it is available) and with such companies as shall be reasonably satisfactory to Owner provided that such company shall have a minimum limits Best rating of A- Class VIII, and shall comply with the requirements of any Mortgage and the Franchise Agreement. Insurance may be provided under blanket policies of insurance required on an agreed value basis with no co-insurance. All property insurance (including business interruption, extra expense and rental loss coverages) shall name Owner as insured, and so long as the Hotel is mortgaged pursuant to any Mortgage or otherwise shall be subject to a standard mortgagee clause in favor of Tenant the mortgagee or mortgagees. Operator shall not be an insured or loss payee under this Lease the property insurance, including business interruption coverage. With respect to the policies maintained under Section 12.1(b), (c) and (e) through (g) and 12.3, Owner and the Owner Indemnified Parties and Operator shall in no event limit be named as either additional or named insureds, at the liability option of Tenant under this LeaseOwner, and Operator will be named as an additional insured, to the extent commercially feasible. Such Policies of insurance shall: (to the extent applicable) shall (i) name Landlordprovide that the insurance company will have no right of subrogation against the mortgagee, Owner, Operator or any of their respective affiliated or subsidiary companies or the agents or employees thereof and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover provide that the proceeds thereof in the event of loss or damage shall, to the extent payable to any mortgagee, be payable notwithstanding any act of negligence or breach of warranty by Owner or Operator which might otherwise result in the forfeiture or nonpayment of such insurance proceeds. The liability assumed by Tenant insurance policies shall provide that the insurance will be deemed primary for Operator’s indemnification obligations under this LeaseAgreement and that any other insurance available to Owner shall not be called upon by these policies to contribute to Liabilities indemnified by Operator. The insuring party shall deliver to the other party complete certified copies of all of the insurance policies obtained by the insuring party containing coverages required by this Agreement, including, including but not limited toto blanket and master policies, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder amendments,renewals and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates replacements thereof to Landlord on or before the Lease Commencement Date and at least thirty five (305) business days before the expiration dates thereof. If Tenant shall fail Effective Date as to procure such insurance, or to deliver such certificates the policies that will be in effect on the Effective Date and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery receipt in the case of bills thereforany new policies, renewal policies, replacement policies and amendments. If Operator has obtained any of the coverages and Owner elects to obtain any of the required insurance, Operator shall cause the coverage being replaced to be canceled without penalty and with a pro rata refund of any prepaid premiums.

Appears in 2 contracts

Samples: Management Agreement (Portsmouth Square Inc), Management Agreement (Intergroup Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant and its agents/contractors under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its subsidiaries and affiliates and any other party it the Landlord so specifies in writing to Tenant(collectively, the “Additional Insureds”), as an additional insured with respect to the commercial general liability insuranceinsured, as applicable, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of North Carolina; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord the Additional Insureds is excess and is non-contributing with any insurance requirement required of Tenant; (v) be in form and content reasonably acceptable to Landlord; (vi) be endorsed with waiver of subrogation endorsements in favor of the Additional Insureds; and (vii) provide that said insurance insurer shall not be canceled or coverage changed unless thirty (30) days’ prior endeavor to provide written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect , to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, policies or certificate within such time periodsten (10) days after written notice from Landlord, Landlord may, at its option, in addition option (upon notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant), procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Landlord and the Additional Insureds will not be responsible for any deductibles or self-insured retentions related to any insurance under this Article 10.

Appears in 2 contracts

Samples: Keystone Technology Park Lease (Heat Biologics, Inc.), Heat Biologics, Inc.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) if commercially available in California, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) business days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insurancenamed insured, including Landlord’s managing agent, if any; (ii) to the extent available in the market generally, specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A+:VIII or better in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof a certificate(s) evidencing such coverage to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificates, Landlord may, at its option, in addition option and if it is determined that Tenant has failed to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1maintain the required coverage, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Tenant shall require any vendors or contractors that it shall hire to perform work/services on Premises to procure similar insurance, as required by Landlord of Tenant in this Lease including naming as additional insureds Landlord and any other party Landlord so specifies.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: The Commercial General Liability shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insurancenamed insured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Tenant, and Tenant shall promptly notify Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if of the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)same. Tenant shall deliver said certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and endorsements, within such time periodsfive (5) days of Landlord’s request, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies that has a material financial interest in writing to Tenantthe Project, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Memec Inc), Work Letter Agreement (Dexcom Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: shall be issued on an occurrence basis and shall be (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide BEST'S INSURANCE GUIDE or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; and (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (vii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if Landlord. In addition, the insurance company refuses to provide such assurance)described in Section 10.3.1 above shall (a) name Landlord, and any other party reasonably specified by Landlord, as an additional insured; (vib) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (c) be primary insurance as to all claims thereunder and provide that any insurance obtained by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (d) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date (or Tenant's entry into the Building pursuant to the Tenant Work Letter, if earlier) and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof costs of it shall be paid to Landlord as Additional Rent within thirty fifteen (3015) days after delivery to Tenant of bills therefor. Tenant may satisfy the insurance coverage described in this Article 10 through one or more blanket policies so long as such policies otherwise meet the requirements specified above.

Appears in 2 contracts

Samples: Office Lease (Peregrine Systems Inc), Lease Option Agreement (Peregrine Systems Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies the Landlord reasonably specifies, in writing to Tenantwriting, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing non¬contributing with any insurance requirement of Tenant; Tenant (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or, at Tenant’s option, certificates of such policies (including endorsements) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition within five (5) days following written notice from Landlord to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Jaguar Animal Health, Inc.), Office Lease (Jaguar Animal Health, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of Washington; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Motricity Inc), Office Lease (Motricity Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:X in A.M. Best’s Insurance 's Rating Guide or which is otherwise acceptable to Landlord and authorized Landlord, licensed to do business in the state in which the Project Building is located, and domiciled in the United States; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement required of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor.

Appears in 2 contracts

Samples: Sublease Agreement (Biotime Inc), Office Lease (Avigen Inc \De)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so the Landlord reasonably specifies in writing to Tenantwriting, as an additional insured with respect to the commercial general liability insuranceas their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord, including Landlord’s managing agent, ground lessor and/or lender, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized permitted to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant, as evidenced by an endorsement or policy excerpt; and (v) be in form and content reasonably acceptable to Landlord. Tenant shall endeavor to cause said insurance to provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice (ten (10) days’ in the event of non-payment of premium) shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof and applicable endorsements or policy excerpts which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of: (x) the Lease Commencement Date Date, and at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) ten (10) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates policies or certificate and applicable endorsements, within such time periods, Landlord may, at its option, in addition option with notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant Tenants under this the Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics 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, Xxxxxx & Company, and any other party it so specifies in writing to TenantLandlord reasonably specifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail be permitted to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies provide the insurance required under this Lease, and without regard Lease by obtaining a blanket policy or policies to any notice and cure periods set forth in Section 19.1, procure such policies for the account of be maintained by Tenant, and the cost thereof shall be paid . The coverage afforded to Landlord as Additional Rent within thirty (30) days after delivery under this Lease shall in no way be limited, diminished or reduced because of bills thereforthe fact that such policy or policies are blanket in nature.

Appears in 2 contracts

Samples: Office Lease (Entravision Communications Corp), Office Lease (Entravision Communications Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-VIII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise reasonably acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; State of California, (ivii) be primary insurance as to all claims thereunder in form and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given content reasonably acceptable to Landlord and any mortgagee or ground or underlying lessor complying with the requirements of Landlord Section 10.3 (provided Tenant will not be in default if the insurance company refuses to provide such assuranceincluding, Sections 10.3.1 through 10.3.5); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; , and (viiiii) with respect Tenant shall not do or permit to be done anything which invalidates the required insurance policies. Tenant hereby covenants that in the event of any non-renewal or cancellation of the policies of insurance required in Sections 10.3.1herein, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant shall provide Landlord with notice of such cancellation immediately upon Tenant’s first becoming aware of such cancellation or non-renewal. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of Washington, (ii) be in form and content reasonably acceptable to 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 Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (F5 Networks Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-VII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; State of California, (ivii) be primary in a commercially reasonable form and content and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) neither party shall do or permit to be done anything which invalidates the required insurance as policies. Tenant shall endeavor to all claims thereunder and provide that any cause said insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) to provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice (ten (10) days’ in the event of non-payment of premium) shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof and applicable endorsements or policy excerpts which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of: (x) the Lease Commencement Date Date, and at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) ten (10) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodsapplicable endorsements or policy excerpts, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within ten (10) business 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 as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Unity Software 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 their respective liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A‑X (or which is otherwise acceptable to Landlord the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), and authorized licensed to do business in the state State of California, (ii) be in form and content 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 Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will that such notice shall not be in default if necessary for the insurance company refuses to provide expiration of such assurance); (vi) contain a crosspolicies or any cancellation for non-liability endorsement or severability payment of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00related premiums). Tenant shall deliver said policy or policies or certificates 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant's failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Oyster Point (Cytokinetics Inc)

Form of Policies. The minimum limits of policies and Txxxxx’s procurement and maintenance of insurance required of Tenant under this Lease such policies described in Section 14.1 above shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed required by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) Article 14 shall be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state State of California, and with a Best & Company rating of A-:VIII or better. Any insurance policy under this Article 14 may be maintained under a “blanket policy” insuring other parties and other locations, so long as the amount and coverage required to be provided hereunder is not thereby diminished. No policy maintained by Tenant under this Article 14 shall contain a deductible which is not commercially reasonable. Tenant shall provide Landlord a certificate of each policy of insurance required hereunder upon reasonable written demand by Landlord evidencing that the policies contain the provisions required. Tenant shall deliver such certificates to Landlord within thirty (30) days after the Commencement Date. All of Tenant’s liability insurance shall provide (i) that Landlord, Lxxxxxxx’s managing agent and any Encumbrancer designated in which writing by Tenant or Landlord, or any other entity with an interest in the Project as reasonably requested by Landlord, is locateddesignated as an additional insured as to coverage afforded under such policy pursuant to an endorsement providing coverage at least as broad as ISO form CG 20 26 10 01 or its equivalent; (ivii) be for severability of interests or that acts or omissions of one of the insureds or additional insureds shall not reduce or affect coverage available to any other insured or additional insured (if available); and (iii) that Tenant’s insurance is primary insurance as to all claims thereunder and provide that noncontributory with any insurance carried by Landlord is excess and is non-contributing with any insurance requirement Landlord. Tenant shall use commercially reasonable efforts to endeavor to cause all of Tenant; (v) ’s insurance to provide that said insurance shall the insurer agrees not be canceled or coverage changed unless to cancel the policy without at least thirty (30) days’ prior written notice to all additional insureds (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord give all additional insureds at least ten (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi10) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00days’ prior notice). Tenant shall deliver certificates thereof to notify Landlord on or before the Lease Commencement Date and at least thirty within ten (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (3010) days after delivery any material modification of bills thereforany policy of insurance required under this Article. Any self insurance or self insured retention provisions under, or with respect to, any insurance policies maintained by Tenant hereunder shall be subject to Landlord’s prior written approval, not to be unreasonably withheld, conditioned or delayed.

Appears in 1 contract

Samples: Office Lease (Zynga Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A- (or which is otherwise acceptable to Landlord the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency) and authorized to do business are within a financial size category of not less than "Class VII" in the state in which most current Best's Key Rating Guide (or to the Project extent Best's Key Rating Guide is located; no longer available, then a similar rating from another comparable rating agency), (ivii) be primary in a commercially reasonable form and content and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), and (iii) neither party shall do or permit to be done anything which invalidates the required insurance as policies. Tenant shall endeavor to all claims thereunder and provide that any cause said insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) to provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice (ten (10) days' in the event of non-payment of premium) shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof and applicable endorsements or policy excerpts which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of: (x) the Lease Commencement Date Date, and at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) ten (10) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods55 applicable endorsements or policy excerpts, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant's failure to any notice and cure periods set forth in Section 19.1obtain such insurance within ten (10) business 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 as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Salesforce Com Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-VIII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to 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 Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver certificates thereof of said policies 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Amplitude, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A:VII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise reasonably acceptable to Landlord and authorized licensed to do business in the state in which State of California, and (ii) comply with the Project is located; requirements of Section 10.5 (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance including, Sections 10.5.1 through 10.5.5). Tenant shall not do or permit to be canceled or coverage changed unless done anything which invalidates the required insurance policies, and Tenant shall give 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, before any cancellation of or ground or underlying lessor of Landlord (provided Tenant will not be change in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) coverage with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)said insurance. Tenant shall deliver certificates thereof evidencing such policies and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of: (x) the Phase I Lease Commencement Date Date, and at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter a Phase of the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant's failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) business days thereafter, procure such policies solely with respect to Tenant's insurance obligations required under this Lease for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Nektar Therapeutics)

Form of Policies. The minimum limits of policies and Tenant’s procurement and maintenance of insurance required of Tenant under this Lease such policies described in Section 14.1 shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed required by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) Article 14 shall be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state State of California, and with a Best & Company rating of A-VIII or better. Any insurance policy under this Article 14 may be maintained under a “blanket policy,” insuring other parties and other locations, and/or under any combination of primary and excess or umbrella coverage, so long as the amount and coverage required to be provided hereunder is not thereby diminished. No policy maintained by Tenant under this Article 14 shall contain a deductible greater than Twenty-Five Thousand Dollars ($25,000.00) or such higher amount as is then commercially reasonable. Tenant shall provide Landlord a certificate of each policy of insurance required hereunder certifying that the policies contain the provisions required, provided that in which lieu of providing insurance certificates under this Lease, Tenant may (at Tenant’s option) make available to Landlord access to an internet based memorandum of insurance (the Project “MOI”) evidencing Tenant’s maintenance of required insurance coverage. Tenant shall deliver such certificates to Landlord or make available to Landlord access to such MOI within thirty (30) days after the Lease Date, but in no event later than the date that Tenant or any other Tenant Parties first enter the Premises and, upon renewal, not fewer than ten (10) days prior to the expiration of such coverage. In addition, Tenant shall deliver to Landlord a copy of each policy of insurance required hereunder upon Landlord’s request. All Tenant’s liability insurance shall provide (i) that Landlord, Landlord’s managing agent, any Encumbrancer, and any other person requested by Landlord, is locateddesignated as an additional insured without limitation as to coverage afforded under such policy pursuant to an endorsement providing coverage at least as broad as ISO form CG 20 10 07 04 or its equivalent; (ii) for severability of interests or that acts or omissions of one of the insureds or additional insureds shall not reduce or affect coverage available to any other insured or additional insured (if available); (iii) that the aggregate liability applies solely to the Project; and (iv) be that Tenant’s insurance is primary insurance as to all claims thereunder and provide that noncontributory with any insurance carried by Landlord is excess and is non-contributing with any Landlord. All Tenant’s insurance requirement of Tenant; (v) shall provide that said insurance shall the insurer agrees not be canceled or coverage changed unless to cancel the policy without at least thirty (30) days’ prior written notice to all additional insureds (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord give all additional insureds at least ten (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi10) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00days’ prior notice). Tenant shall deliver certificates thereof to notify Landlord on or before the Lease Commencement Date and at least thirty within ten (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (3010) days after delivery any material modification of bills thereforany policy of insurance required under this Article. Any self insurance or self insured retention provisions under, or with respect to, any insurance policies maintained by Tenant hereunder shall be subject to Landlord’s prior written approval, which Landlord may give or withhold in its sole discretion.

Appears in 1 contract

Samples: Office Lease (Jamba, 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, Additional Insureds, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured insured, with respect to the commercial general liability insuranceexception of Worker's Compensation and Employers Liability per Section 10.3.4 above; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iviii) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (viv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (viiv) with respect Tenant shall provide Landlord no less than thirty (30) days' written notice prior to the cancellation, non-renewal, or material alteration of any of Tenant's Insurance policies. If the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy (e.g., the sale, service or consumption of alcoholic beverages), Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance required to insure all liability arising from such activity or matter, including liquor liability, if applicable, in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible such amounts not exceeding One Hundred Thousand Dollars ($100,000.00)as Landlord may reasonably require. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the date Tenant enters or occupies the Premises or, if earlier, the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Further, Landlord shall have the right, from time to time, to request copies of policies of Tenant's insurance required hereunder, which Tenant shall thereafter provide within ten (10) business days. No review or approval of any insurance certificate or policy by Landlord shall derogate from or diminish Landlord's rights or Tenant's obligations hereunder. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof thereof, plus Landlord's reasonable standard administrative fee, shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. In addition, any such deductible or self-insured retention amount required under Tenant's insurance policies shall not exceed $25,000, unless otherwise approved by Landlord in writing. Any such deductible and self-insured retention amount shall be the sole responsibility of Tenant.

Appears in 1 contract

Samples: Office Lease (INPHI Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, Landlord as an additional insured with respect to the commercial general liability insuranceinsured,; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ (ten (10) days in the event of nonpayment of premiums) prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said certificates thereof of policies required hereunder to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If either party fails to carry the amounts and types of insurance required to be carried by it pursuant to this Lease, such failure shall be deemed to be a covenant and agreement by such party to self-insure with respect to the type and amount of insurance which such party so failed to carry, with full waiver of subrogation with respect thereto. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, after delivery of five (5) business days’ notice to Tenant, at its Landlord’s option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the reasonable cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (THQ Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-VII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; State of California, (ivii) be primary in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), and (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that policies. 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 or ground or underlying lessor of Landlord (provided Tenant will not unless such cancellation is the result of non-payment of premiums, in which case note less than five (5) days' notice shall be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00provided). Tenant shall deliver said policy or policies or certificates 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant's failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) business days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (DermTech, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless Tenant provides thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant's failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (St. Bernard Software, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ days prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or’ agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Acadia 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, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) business 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 as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Roka BioScience, Inc.)

Form of Policies. The minimum limits Any insurance policies carried in accordance with this §2.6 shall be written by companies of policies of insurance required of Tenant under this Lease recognized national standing rated "A-", Class X or better by A.M. Best Company and shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project Collateral is located; (iv) . Such insurers shall be primary accorded a similar rating by another nationally recognized insurance rating agency of similar standing acceptable to the Mortgagee if A.M. Best Company ceases to rate insurers. In the event that an insurer meeting the requirements set forth above is subsequently downgraded so as to all claims thereunder no longer meet such requirements, the Company shall have 60 days from the date of such downgrading to obtain insurance from an insurer rated at least "A-", Class X by A.M. Best Company. All premiums on such insurance shall be paid by the Company and the policies of such insurance (or certificates therefor) delivered to the Mortgagee. All such policies of insurance: (1) shall name the Mortgagee, the Banks, the Noteholders and each other holder of the Senior Secured Notes as additional insureds, as their interests may appear, (2) in the case of policies covering loss or damage to the Collateral, shall provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; losses, if any, shall be payable solely to the Mortgagee under a standard mortgage loss payable clause satisfactory to the Mortgagee, (v3) shall provide that said insurance the Mortgagee's, the Banks' and the Noteholders' interests shall be insured regardless of any breach or violation by the Company of any warranties, declarations or conditions contained in such policies, (4) the insurers shall waive any right of subrogation of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of the Company, (5) such insurance, as to the interest of the Mortgagee, the Banks and/or the Noteholders, as the case may be, therein, shall not be canceled invalidated by the use or coverage operation of the Collateral for purposes which are not permitted by such policies, nor by any foreclosures or other proceedings relating to the Collateral, nor by change in title to or ownership of the Collateral, (6) if any premium or installment is not paid when due, or if such insurance would lapse or be cancelled, terminated or changed unless thirty (30) days’ prior written notice shall have been given to Landlord for any reason whatsoever, the insurers will promptly notify the Mortgagee and any mortgagee such lapse, cancellation, termination or ground or underlying lessor of Landlord (provided Tenant will change shall not be in default if effective as to the insurance company refuses to provide Mortgagee, the Banks and/or the Noteholders, as the case may be, for 10 Business Days after receipt of such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; notice, and (vii7) appropriate certification shall be made to the Mortgagee by each insurer with respect to thereto. The Company hereby authorizes the insurance required in Sections 10.3.1Mortgagee, 10.3.2 upon the occurrence and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before during the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord maycontinuation of any Event of Default hereunder, at its optionthe Mortgagee's option to adjust, in addition to all of its other rights compromise and remedies settle any losses 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 Tenantinsurance afforded, and the cost Company does hereby irrevocably constitute the Mortgagee, its officers, agents and attorneys, as its attorneys-in-fact, with full power and authority, upon the occurrence and during the continuation of any Event of Default hereunder, to effect such adjustment, compromise and/or settlement and to endorse any drafts drawn by an insurer of the Collateral or any part thereof and to do everything necessary to carry out such purposes and to receive and receipt for any unearned premiums due under policies of such insurance; but unless the Mortgagee elects to adjust, compromise or settle losses as aforesaid, such adjustment, compromise and/or settlement shall be paid made by the Company, subject to Landlord as Additional Rent within thirty (30) days after delivery final approval of bills thereforthe Mortgagee in the case of losses exceeding $5,000,000.

Appears in 1 contract

Samples: Mortgage and Security Agreement (American Crystal Sugar Co /Mn/)

Form of Policies. The minimum limits of All insurance policies of insurance required of to be carried by Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) be written by companies rated A VIII or better in “Best’s Insurance Guide” or having an equivalent rating from a reputable financial rating agency such as Moody’s or Standard & Poors, and not prohibited from doing business in California, (ii) name Landlord, Landlord and any other party it so specifies parties designated by Landlord as additional insureds, in writing to Tenantthe case of liability insurance, and name Landlord and Tenant as named insureds, as an additional insured their interest may appear, in the case of any Property Policies (provided if Tenant’s Property Policy is a blanket policy, Landlord shall be a named insured, by endorsement, with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this LeasePremises only), including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) as to liability coverages, be issued by written on an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; “occurrence” basis, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless receive thirty (30) days’ prior written notice shall have been given to Landlord from the insurer before any cancellation or change in coverage, and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (viv) contain a crossprovision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary and non-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance. Tenant shall be liable for payment of any deductible in the insurance required in Sections 10.3.1event of any loss, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)claim or casualty. Tenant shall deliver certificates thereof reasonably satisfactory evidence of such insurance to Landlord on or before the Lease Commencement Date Date, and thereafter at least thirty (30) days before the expiration dates thereof. If of expiring policies; and in the event Tenant shall fail to procure such insurance, insurance or to deliver reasonably satisfactory evidence thereof within five (5) business days after written notice from Landlord of such certificates and endorsements, within such time periodsfailure, Landlord may, at its option, option and in addition to all Landlord’s other remedies in the event of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1a default by Tenant hereunder, procure such policies insurance for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery Charges. The limits of bills thereforthe insurance required under this Lease shall not limit any obligation or liability of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Dolby Laboratories, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless Tenant provides thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Volcano Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to 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 Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said certificates 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant's failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Affymetrix Inc)

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Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease Each policy referred to in 16.01 shall in no event limit satisfy the liability of Tenant under this Leasefollowing requirements. Such insurance shall: Each policy shall (i) name LandlordLandlord and the Indemnitees as additional insureds (except Tenant’s property insurance for which Landlord will be named as a loss payee in respects to the Tenant Improvements which become part of the Building, and any other party it so specifies in writing to TenantWorkers’ Compensation and Employers’ Liability Insurance), as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an one or more responsible insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized companies licensed to do business in the state in which the Project is located; State of California reasonably satisfactory to Landlord, (iii) where applicable, provide for deductible amounts satisfactory to Landlord and not permit co-insurance, (iv) be primary insurance as to all claims thereunder and shall provide that any such insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall may not be canceled or coverage changed unless amended without thirty (30) days’ prior written notice to the Landlord, and (v) each policy of “All-Risks” property insurance shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will provide that the policy shall not be invalidated should the insured waive in default if the insurance company refuses writing prior to provide a loss, any or all rights of recovery against any other party for losses covered by such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)policies. Tenant shall deliver to Landlord, certificates of insurance and at Landlord’s request, copies of all policies and renewals thereof to Landlord on or before be maintained by Tenant hereunder, not less than ten (10) days prior to the Lease Commencement Date Date. Tenant shall use good faith commercially reasonable efforts to deliver to Landlord, certificates of insurance and at least thirty Landlord’s request, copies of all renewals of such policies not less than ten (3010) days before prior to the expiration dates thereof. If Tenant date of each policy, and in all events shall fail to procure such insurance, or to deliver such certificates and endorsements, within copies of such time periods, Landlord may, at its option, in addition renewals prior to all the expiration date of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills thereforeach policy.

Appears in 1 contract

Samples: Workletter Agreement (INSU Acquisition Corp. II)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (ivii) be primary insurance as in form and content reasonably acceptable to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of TenantLandlord; (viii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ (10 days for nonpayment of premiums) prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; writing, and (viiiv) with respect to the insurance required in Sections 10.3.1, 10.3.1 and 10.3.2 and 10.3.4 above, above have deductible amounts not exceeding One Hundred Fifty Thousand Dollars ($100,000.0050,000.00). Any insurance required of Tenant under this Lease may be furnished by Tenant under a blanket policy so long as and provided such policy: (a) strictly complies with all other terms and conditions contained in this Lease; and (b) contains an endorsement that with respect to commercial general liability insurance, identifies with specificity the particular address of the Premises as being covered under the blanket policy provides a minimum guaranteed coverage amount of Five Million Dollars ($5,000,000.00) per occurrence for the Premises. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Entropic Communications Inc)

Form of Policies. The minimum limits Tenant shall, throughout the Lease Term, at its own expense, keep and maintain in full force and effect the following policies, each of policies of insurance required of Tenant under this Lease which shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing be endorsed as needed to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any the insurance afforded by these policies is primary and that all insurance carried by Landlord is strictly excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance secondary and shall not be canceled or coverage changed unless thirty contribute with Tenant's liability insurance: (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor a A policy of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain commercial general liability insurance, including a cross-contractual liability endorsement covering Tenant's obligations under the paragraph captioned "INDEMNIFICATION", insuring against claims of bodily injury and death or severability property damage or loss with a combined single limit at the Commencement Date 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 this Lease of not exceeding One Hundred Thousand less than Two Million Dollars ($100,000.00). Tenant 2,000,000.00) per occurrence, which limit shall deliver certificates thereof to Landlord on or before be reasonably increased during the Lease Commencement Date Term at Landlord's reasonable request to reflect both increases in liability exposure arising from inflation as well as from changing use of the Premises or changing legal liability standards, which policy shall be payable on an :occurrence" rather than a "claims made" basis, and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates which policy identifies Landlord and endorsements, within such time periods, Landlord mayManager and, at its optionLandlord's request, Landlord's mortgage lender(s) or investment advisors, as additional named insureds; (b A policy of extended property insurance (what is commonly called "all risk") covering Tenant's Improvements and Tenant's Alterations, furniture, fixtures, equipment, inventory, and other personal property located on the Premises for one hundred percent (100%) of the current replacement value of such property; (c Business interruption insurance in addition an amount sufficient to cover costs, damages, lost income, expenses, Base Rent, Additional Rent and all of its other rights and remedies sums payable under this Lease, should any or all of the Premises not be usable for a period of up to twelve (12) months; (d A policy of worker's compensation insurance as required by law and without regard to any notice employer's liability insurance with limits of no less than One Million Dollars ($1,000,000); and cure periods set forth in Section 19.1(e A policy of comprehensive automobile liability insurance, procure such policies for the account of Tenantincluding loading and unloading, and the cost thereof shall be paid to Landlord as Additional Rent within thirty covering owned, non-owned and hired vehicles, with limits of no less than One Million Dollars (30$1,000,000) days after delivery of bills therefor.per occurrence. 4.13.2

Appears in 1 contract

Samples: Letter and Construction Agreement (Childrens Place Retail Stores Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the Project is located; required insurance policies, (iv) be primary insurance accompanied by an Xxxxx Certificate of Liability Insurance or its substantial equivalent, naming Landlord as to all claims thereunder a Certificate Holder and provide that any insurance carried by listing Landlord is excess as an additional or included insured, and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless allowing for thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor days in the event of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlordcancellation; and (viiv) with respect to be accompanied by an Xxxxx Evidence of Property insurance or its substantial equivalent, naming Landlord (or, should the insurance required in Sections 10.3.1Landlord direct, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)its mortgagee as well) as an Additional Interest. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the Lease earlier to occur of: (x) the Commencement Date Date, and at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) business 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 as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Selectica Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless Tenant provides thirty (30) days’ days prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (SERVICE-NOW.COM)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: required of Tenant may be subject to standard deductibles. All insurance shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California; and (ii) provide that said insurance shall not be canceled or coverage changed in a manner which may be adverse to Landlord unless ten (10) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord of which Tenant has at least ten (10) days’ prior notice. In addition, the insurance described in Section 7.3.1 shall (a) name Landlord, and any other party related to the Project is locatedspecified by Landlord, as an additional insured; (ivb) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant’s obligations under Section 7.1 of this Lease; and (c) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver all policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days proof of continuation of coverage before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition (i) deny Tenant the right to all of its other rights and remedies under this Leaseoccupy the Premises until such time as Tenant delivers such policies or certificate (which denial shall have no effect upon the Lease Commencement Date), and without regard or (ii) upon at least ten (10) days’ prior notice to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Landlord and Tenant under this Lease shall in no event limit the liability of Tenant or Landlord under this Lease. Such Tenant’s insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantproperty manager and mortgagee of Landlord, as an loss payees or additional insured with respect insureds, as their respective interests may appear (for the insurance to the commercial general liability insurancebe provided under Sections 10.3.1, 10.3.2(ii) and 10.3.2(iii) above, only); (ii) specifically cover the liability assumed by Tenant under this LeaseLease to the extent insurable by a commercially reasonably available Commercial General Liability Policy, including, but not limited to, Tenant’s obligations under Section 10.1 above10.1.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized approved to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed below the minimum amounts required hereunder unless thirty ten (3010) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if Landlord, to the insurance company refuses extent such names are furnished to provide such assurance)Tenant; (vi) contain a cross-liability endorsement or severability of interest clause reasonably acceptable to Landlord; and (vii) with respect to include commercially reasonable deductibles (which shall in no event exceed $100,000.00 for the insurance required in Sections 10.3.1, 10.3.2 10.3.2(ii) and 10.3.4 (iii) above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof of such policies to Landlord on or before the Lease Commencement Insurance Start Date and at least thirty fifteen (3015) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, policies or certificate within such time periods, Landlord may, at its option, in addition option after at least two (2) business days’ written notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor. At Tenant’s option, Tenant may provide the coverages required under this Article 10 through blanket policies of insurance covering Tenant’s other properties so long as the coverage required under this Lease with respect to the Premises and Real Property is not reduced or impaired as a result thereof (including as a result of any claims made or aggregate limits with respect to such other properties).

Appears in 1 contract

Samples: LNR Warner Center (United Online Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its subsidiaries and affiliates, its property manager (if any) and any other party it the Landlord so specifies in writing to Tenantspecifies, as an -25- HCP, INC. Sorrento Gateway[Sorrento Therapeutics, Inc.] additional insured insured, including Landlord’s managing agent (but only with respect regard to the commercial liability and general liability property insurance), if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A:IX in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement required of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if unless such cancellation is the insurance company refuses to provide such assurance); (vi) contain a crossresult of non-liability endorsement or severability payment of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00premiums). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Sorrento Gateway Lease (Sorrento Therapeutics, Inc.)

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 or Landlord, respectively, under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X or a Fitch rating of not less than AA, or which is otherwise reasonably acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5) with respect to Tenant or Section 10.7 with respect to Landlord, (iii) neither Tenant nor Landlord shall do or permit to be done anything which the Project is located; invalidates their respective required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or Genworth Financial Wealth Management, Inc. certificates 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (AssetMark Financial Holdings, Inc.)

Form of Policies. The Except as otherwise expressly provided in Section 10.5 or elsewhere in this Lease, 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: insurance, except that in Section 10.3.3 above, shall (i) name Landlord, and any other party it so specifies in writing to Tenantand, upon Landlord's written request, Landlord Parties as an additional insured with respect to the commercial general liability insuranceinsureds, 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 aboveinclude a waiver of subrogation in favor of Landlord and additional insured entities; (iii) be issued by an insurance company having a rating of not less than A–/VII “A-“ “VIII” in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized permitted to do business in the state in which the Project is locatedState of California; (iv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord or Landlord Parties is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall notify Landlord promptly of any cancellation of such policies. Tenant shall deliver said certificates of insurance on a form reasonably acceptable to Landlord and copies of additional 795344.01/WLA 377082-00004//ejs/ejs -28- 000 X. Xxxxxxxx Xxxxxxxxx [Arrowhead Pharmaceuticals, Inc.] insured and waiver of subrogation endorsements 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 five (305) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periodsfive (5) days after written notice from Landlord, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Arrowhead Pharmaceuticals, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease ​ Each policy referred to in 16.01 shall in no event limit satisfy the liability of Tenant under this Leasefollowing requirements. Such insurance shall: Each policy shall (i) name LandlordLandlord and the Indemnitees as additional insureds (except Tenant’s property insurance for which Landlord will be named as a loss payee in respects to the Tenant Improvements which become part of the Building, and any other party it so specifies in writing to TenantWorkers’ Compensation and Employers’ Liability Insurance), as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an one or more responsible insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized companies licensed to do business in the state in which the Project is located; State of California reasonably satisfactory to Landlord, (iii) where applicable, provide for deductible amounts satisfactory to Landlord and not permit co-insurance, (iv) be primary insurance as to all claims thereunder and shall provide that any such insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall may not be canceled or coverage changed unless amended without thirty (30) days’ prior written notice to the Landlord, and (v) each policy of “All-Risks” property insurance shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will provide that the policy shall not be invalidated should the insured waive in default if the insurance company refuses writing prior to provide a loss, any or all rights of recovery against any other party for losses covered by such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)policies. Tenant shall deliver to Landlord, certificates of insurance and at Landlord’s request, copies of all policies and renewals thereof to Landlord on or before be maintained by Tenant hereunder, not less than ten (10) days prior to the Lease Commencement Date Date. Tenant shall use good faith commercially reasonable efforts to deliver to Landlord, certificates of insurance and at least thirty Landlord’s request, copies of all renewals of such policies not less than ten (3010) days before prior to the expiration dates thereof. If Tenant date of each policy, and in all events shall fail to procure such insurance, or to deliver such certificates and endorsements, within copies of such time periods, Landlord may, at its option, in addition renewals prior to all the expiration date of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills thereforeach policy.

Appears in 1 contract

Samples: Workletter Agreement (Lemonade, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease Each policy referred to in Section 16.1 shall in no event limit satisfy the liability of Tenant under this Lease. Such insurance shallfollowing requirements: (i) the Commercial General Liability policy shall name LandlordLandlord and the Indemnitees as additional insureds, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease“All-Risks” property insurance policy shall name Landlord and the Indemnitees as loss payees, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) each policy shall be issued by an one or more responsible insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized companies licensed to do business in the state in which the Project is located; State of California reasonably satisfactory to Landlord, (iv) be primary insurance as where applicable, each policy shall provide for deductible amounts satisfactory to all claims thereunder Landlord and provide that any insurance carried by Landlord is excess not permit co-insurance, and is non-contributing with any insurance requirement of Tenant; (v) each policy of “All-Risks” property insurance shall provide that said insurance the policy shall not be canceled invalidated should the insured waive in writing prior to a loss, any or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and all rights of recovery against any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide other party for losses covered by such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)policies. Tenant shall deliver to Landlord, certificates of insurance (and at Landlord’s request, copies of all policies and renewals thereof to Landlord on or before be maintained by Tenant hereunder), prior to Txxxxx’s entry into the Lease Commencement Date Premises and at least thirty (30) days before prior to the expiration dates thereofdate of each policy. Additionally, Tenant shall provide Landlord written notice of any cancellation or amendment of any such insurance within two (2) business days following Tenant’s knowledge of the same. If Tenant shall fail fails to procure such insurance, carry the insurance required under this Article 16 or fails to deliver such provide certificates of renewal as and endorsements, within such time periodswhen required hereunder, Landlord may, at its option, in addition but shall not be obligated to all of its other rights acquire such insurance on Tenant’s behalf or Tenant’s sole cost and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills thereforexpense.

Appears in 1 contract

Samples: Office/Laboratory Lease (OmniAb, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its subsidiaries and affiliates, its property manager (if any) and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceor loss payee, as applicable, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement required of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall promptly provide written notice of cancellation received by Tenant from its insurer. Tenant shall deliver certificates thereof of said policies to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates certificate, and endorsements, within such time periodsfailure continues for ten (10) days after written notice thereof from Landlord Tenant, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.. 792986.06/WLA 186772-00003/2-28-19/gjn/gjn -20- Xxxxxxx Xxxx Development, LLC [285 East Grand Avenue] [Unity Biotechnology, Inc.]

Appears in 1 contract

Samples: Lease (Unity 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: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to 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 Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) days before the expiration dates thereofdate 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 In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Rockley Photonics Holdings LTD)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease Each policy referred to in Section 9.1 above shall in no event limit satisfy the liability of Tenant under this Leasefollowing requirements. Such insurance shall: Each policy shall (i) name Landlord and Insignia ESG, Inc. (the property manager for the building as of the date hereof), and to the extent identified in writing by Landlord, any different property manager for the building, the Mortgagee or ground lessor of Phase II of Seaport Centre and any other party it so specifies in writing to Tenantthe leasing manager for the building and their respective directors, officers, agents and employees, as an additional insured with respect to the commercial general liability insurance; insureds (except Workers' Compensation and Employers' Liability Insurance), (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an one or more responsible insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized companies licensed to do business in the state State of California reasonably satisfactory to Landlord and rated A+ XV or better in which the Project is located; Best's Insurance Guide, (iii) where applicable, provide for deductible amounts reasonably satisfactory to Landlord and not permit co-insurance, (iv) be primary insurance as to all claims thereunder and shall provide that any such insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall may not be canceled or coverage changed unless amended without thirty (30) days' prior written notice to the Landlord (except as a result of nonpayment of premiums, for which ten (10) days' prior written notice shall have been given to Landlord be required) and any mortgagee or ground or underlying lessor (v) each policy of Landlord (provided Tenant will "All-Risks" property insurance shall provide that the policy shall not be invalidated should the insured waive in default if the insurance company refuses writing prior to provide a loss, any or all rights of recovery against any other party for losses covered by such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)policies. Tenant shall deliver to Landlord certificates (reasonably satisfactory to Landlord) of insurance for all policies and renewals thereof to Landlord on or before be maintained by Tenant hereunder prior to the Lease Extension Commencement Date and at least thirty not less than five (305) days before prior to the expiration dates thereofdate of each policy. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementsFurther, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty sixty (3060) days after delivery Landlord's request for certified copies of bills thereforany or all policies and renewals thereof to be maintained by Tenant hereunder, Tenant shall deliver to Landlord the requested certified copies.

Appears in 1 contract

Samples: Lease (Genelabs Technologies Inc /Ca)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (vii) with respect to . In the event that any insurance required in Sections 10.3.1of Tenant under the Lease is cancelled or modified, 10.3.2 and 10.3.4 abovethen, have deductible amounts not exceeding One Hundred Thousand Dollars within three ($100,000.00)3) business days’ of Tenant’s receipt of notice of cancellation or modification, Tenant shall give Landlord notice of such cancellation or modification. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease (Biomarin Pharmaceutical Inc)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Landlord and Tenant under this Lease shall in no event limit the liability of Tenant or Landlord under this Lease. Such Tenant’s insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantproperty manager and mortgagee of Landlord, as an loss payees or additional insured with respect insureds, as their respective interests may appear (for the insurance to the commercial general liability insurancebe provided under Sections 10.3.1, 10.3.2(ii) and 10.3.2(iii) above, only); (ii) specifically cover the liability assumed by Tenant under this LeaseLease to the extent insurable by a commercially reasonably available Commercial General Liability Policy, including, but not limited to, Tenant’s obligations under Section 10.1 above10.1.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII or above in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized approved to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed below the minimum amounts required hereunder unless thirty ten (3010) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if Landlord, to the insurance company refuses extent such names are furnished to provide such assurance)Tenant; (vi) contain a cross-liability endorsement or severability of interest clause reasonably acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)include commercially reasonable deductibles for Tenant’s business. Tenant shall deliver certificates thereof of current policies to Landlord on or before the Lease Commencement Insurance Start Date and and, thereafter, at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, policies or certificate within such time periods, Landlord may, at its option, in addition option after at least five (5) business days’ written notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty sixty (3060) days after delivery to Tenant of bills therefor; at ay time after Landlord procures such insurance on Tenant’s behalf, Tenant may, at its cost, replace same with such insurance Tenant is otherwise required to maintain hereunder . 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).

Appears in 1 contract

Samples: Sublease Agreement (Intuit Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide "A" or higher from Xxxxx'x Investors Service, Inc. or Standard & Poor's Rating Service or their respective successors, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the Project is located; required insurance policies, 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) provide that said insurance shall not be canceled (including, without limitation, for nonpayment of premium) or coverage changed (including, without limitation, increase in deductible, self-insurance or co-insurance) unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor Landlord Mortgagee, the identity of Landlord (whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver certificates thereof full copies of said policy or policies 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies, but in any event no less frequently than annually. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates policies and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant's failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease Agreement (Broadcom Cayman L.P.)

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 with respect to claims covered by such insurance. Such Tenant's insurance shall: required under this Lease shall (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveSECTION 7.1 of this Lease; (iii) be issued by an ------------ insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance (with respect to the insurance described in SECTION 7.3.1 above) as to all claims thereunder and provide that ------------- any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed materially reduced unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof thereof, along with proof of payment of premium, or an indication that Tenant elects to self-insure pursuant to SECTION 7.3.5 above to Landlord on or before the Lease Commencement ------------- Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease Agreement (21st Century Insurance Group)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise reasonably acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to 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 Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (TrueCar, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-VIII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; State of California, (ivii) be primary insurance as in form and content reasonably acceptable to all claims thereunder Landlord and provide that any insurance carried by Landlord is excess and is non-contributing complying with any insurance requirement the requirements of Tenant; Section 10.3 (vincluding, Sections 10.3.1 through 10.3.5), (iii) provide that said insurance Tenant shall not do or permit to be canceled or coverage changed unless done anything which invalidates the required insurance policies. Tenant shall notify Landlord as soon as reasonably possible, but in any event not less than thirty (30) days’ days prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the effective date of (a) any cancellation of insurance policies required hereunder, and/or (b) any change that results in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)a material change in coverage terms or limits of insurance policies required hereunder. Tenant shall deliver said policy or policies or certificates 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 applicable Lease Commencement Date Date, and at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the applicable Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor, which shall be accompanied by reasonable supporting documentation.

Appears in 1 contract

Samples: Office Lease (Box Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6). (iii) Tenant shall not do or permit to be done anything which invalidates the Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-VII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in commercially reasonable form and content 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 Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Versartis, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; State of California, (ivii) be primary insurance as in form and content reasonably acceptable to all claims thereunder Landlord and provide that any insurance carried by Landlord is excess complying with the requirements of Section 10.3, and is non-contributing with any insurance requirement of Tenant; (viii) provide that said insurance shall not be canceled or coverage changed unless Tenant provides thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver certificates thereof of such insurance 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 at least thirty (30y) the date Tenant and/or Tenant Parties first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease (Ligand 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, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; State of California, (ivii) be primary in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), and (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said policies. Such insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice (ten (10) days notice for non-payment of premium) shall have been given by Tenant to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.. XXXXXX REALTY XXXXXX CENTRE DEL MAR [Santarus, Inc.]

Appears in 1 contract

Samples: Office Lease (Santarus Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant each party under this Lease shall in no event limit the liability of Tenant such party under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-VII (or which is otherwise acceptable to Landlord the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency) and authorized licensed to do business in the state in which the Project is located; State of California, (ivii) be primary in a commercially reasonable form and content and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) neither party shall do or permit to be done anything which invalidates the required insurance as to all claims thereunder and provide policies. If such policies of insurance do not contain a provision that any insurance carried by the company writing said policy will give Landlord is excess and is ten (10) days written notice in the event of non-contributing with any insurance requirement payment of Tenant; (v) premium, then Tenant shall provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior such written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord within such ten (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi10) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)day period. Tenant shall deliver certificates thereof and applicable endorsements or policy excerpts which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of: (x) the Lease Commencement Date Date, and at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) ten (10) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates certificates, and endorsements, within such time periodsapplicable endorsements or policy excerpts, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant's failure to any notice and cure periods set forth in Section 19.1obtain such insurance within ten (10) business 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 as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so the Landlord reasonably specifies in writing to Tenantwriting, as an additional insured with respect to the commercial general liability insuranceas their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord, including Landlord's managing agent, ground lessor and/or lender, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized permitted to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant, as evidenced by an endorsement or policy excerpt; and (v) be in form and content reasonably acceptable to Landlord. Tenant shall endeavor to cause said insurance to provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice (ten (10) days' in the event of non-payment of premium) shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof and applicable endorsements or policy excerpts which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of: (x) the applicable Lease Commencement Date Date, and at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the applicable Phase of the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) ten (10) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates policies or certificate and applicable endorsements, within such time periods, Landlord may, at its option, in addition option with notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its subsidiaries and affiliates, Landlord’s mortgagee, Landlord’s property manager (if any) and any other party it Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceor loss payee, as applicable; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of Colorado; (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; (iv) be in form and content reasonably acceptable to Landlord; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Mortgagee. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Further, Landlord shall have the right, from time to time, to request copies of policies of Txxxxx’s insurance required hereunder, which Tenant shall thereafter provide within ten (10) business days. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Lease (Camp4 Therapeutics 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) be an occurrence policy (or policies); (ii) name Landlord, the Building and Building manager or managers, and any other party it so specifies having an interest in writing to Tenant, the Building as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveinsured; (iii) be issued by an insurance company having a rating General Policyholders Rating of not less than A–/VII B+ or better and a financial size of "VI" or better, as set forth in the most current issue of Best’s Insurance Guide or which is otherwise acceptable to Landlord 's Rating Guide, and authorized licensed to do business in the state in which the Project is locatedCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing noncontributing with any insurance requirement required of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ days prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord's; and (vi) with respect to the liability insurance described in Section 12.2.1, contain a cross-liability endorsement or severability of interest clause reasonably acceptable to Landlord; . Any insurance policies required hereunder may be part of a blanket policy with a "per project, per location" endorsement so long as such blanket policy contains all provisions required hereby and (vii) with respect to does not reduce the insurance required in Sections 10.3.1coverage, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)impair the rights of either party or negate the requirements of this Lease. Tenant shall deliver said policy or policies or certificates thereof thereof, together with any endorsements reflecting the changes to the policy required to comply with the requirements of this Lease, to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereofdate of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and appropriate endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof plus a ten percent (10%) handling charge shall be paid by Tenant to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Letter Agreement (Inland Casino Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to 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 Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty ten (3010) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver certificates thereof of such policies 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Accelrys, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; State of California, (ivii) be primary in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), and (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said policies. Such insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice (ten (10) days notice for non-payment of premium) shall have been given by Tenant to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Sublease Agreement (Mast 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 it so specifies that has an interest in writing the Real Property, Building or Premises, as an additional insured (but Tenant shall not be required to Tenant, name Landlord as an additional insured with respect to the commercial general liability insuranceTenant's property damage insurance described in Section 10.3.2 (i) above) ; (ii) specifically cover the liability assumed maintained by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project Building is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) contain deductibles reasonably approved by Landlord (which deductibles with respect to the insurance required described in Sections 10.3.1, Section 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars (shall in no event exceed $100,000.0010,000.00). Tenant shall deliver certificates thereof of such insurance policies to Landlord on or at least five (5) days before the Lease Commencement Insurance Start Date and at least thirty fifteen (3015) days before the expiration dates thereofof such policies. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementscertificates, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor.

Appears in 1 contract

Samples: Office Lease (Homestore Com 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: shall (i) as appropriate name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage materially changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if by the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement insurer or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Gadzoox Networks Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of Improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant's failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.. 10.5

Appears in 1 contract

Samples: Strategic Realty Trust, Inc.

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII and a certificate of authority issued by the California Insurance Commissioner; (ii) be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord Landlord; and authorized (iii) provide that it shall not be canceled or materially changed without 30 days’ prior notice to do business Landlord, except that 10 days’ prior notice may be given in the state in which the Project is locatedcase of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 28” (Evidence of Commercial Property Insurance) and “XXXXX 25-S” (Certificate of Liability Insurance) or the equivalent. If Attached to the XXXXX 25-S there shall be an endorsement naming the Additional Insured Parties as additional insureds which shall be binding on Tenant’s insurance company and shall expressly require the insurance company to notify each Additional Insured Party in writing at least 30 days before any termination or material change to the policies, except that 10 days’ prior notice may be given in the case of nonpayment of premiums. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights and remedies be carried under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for 10.2 showing that the account of Tenant, and the cost thereof shall be paid to Landlord Additional Insured Parties are named as Additional Rent within thirty (30) days after delivery of bills thereforadditional insureds.

Appears in 1 contract

Samples: Office Lease (Optimer Pharmaceuticals Inc)

Form of Policies. Tenant may carry the insurance required to be carried by Tenant hereunder under a blanket policy of insurance that covers other locations where Tenant conducts business, provided that such blanket policy shall be endorsed to specifically cover the Premises and shall provide the same amount and types of coverage for the Premises and Tenant's activities in the Project that would be provided by a separate policy meeting the requirements of this Article 10. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insurancenamed insured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Tenant (and Tenant shall immediately provide Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (viwith notice thereof.) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof of such policy or policies to Landlord on or before the Lease Commencement Date and at least thirty fifteen (3015) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificates, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Wageworks, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a an AM Best rating of not less than A–/VII in Best’s Insurance Guide A-X, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California, (ii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the Project is located; required insurance policies, 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) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof 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 at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, within such time periods, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Xxxxxx’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) business 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 as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Samples: Office Lease (Roka BioScience, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant and its agents/contractors under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its subsidiaries and affiliates, Xxxxxxxxxx Property Management Services CA Inc.; San Diego Sycamore Holdings, LLC; San Diego Sycamore REIT, LLC; Xxxxxxxxxx Strategic Value Fund, LLC; LSVF Americas, LP; LSVF Pacific, LP; Xxxxxxxxxx Capital Partners II, LP; Xxxxxxxxxx Real Estate Partners, LLC; Invesco CMI Investments, LP; and any other party it the Landlord so specifies in writing to Tenant(collectively, the “Additional Insureds”), as an additional insured with respect insureds under the policies listed in Sections 10.3.1, 10.3.2, 10.3.4 and 10.3.6. All insurance policies required to the commercial general liability insurance; (ii) specifically cover the liability assumed be maintained by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; shall (iiii) be issued by an insurance company having a rating of not less than A–/VII A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (ivii) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord the Additional Insureds is excess and is non-contributing with any insurance requirement required of Tenant; (iii) be in form and content reasonably acceptable to Landlord (Tenant shall provide full and complete copies of any policies that Landlord reasonably requests); (iv) be endorsed with waiver of subrogation endorsements in favor of the Additional Insureds; (v) not contain deductible or self-insured retention in excess of $25,000 unless otherwise approved by Landlord in writing; and (vi) provide that said insurance insurer shall not be canceled or coverage changed unless provide thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect , to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars extent such names are furnished to Tenant prior to the cancellation of such policy ($100,000.00ten (10) days’ for non-payment of premium). Tenant shall deliver said policy or policies and certificates thereof to Landlord on or before the Lease earlier to occur of (A) the Commencement Date Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, policies or certificate within such time periodsten (10) days after written notice from Landlord, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Landlord and the Additional Insureds will not be responsible for any deductibles or self-insured retentions related to any insurance under this Article 10.

Appears in 1 contract

Samples: Sova Science District (Conatus Pharmaceuticals Inc.)

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