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 issued by an insurance company having an AM Best rating of not less than 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 licensed to do business in the 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 required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of California, North Carolina; (iiiv) 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 required of Tenant; (v) 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 required insurance policies, Landlord; and (ivvi) provide that said insurance insurer shall not be canceled or coverage changed unless thirty (30) days' prior endeavor to provide written notice shall have been given to Landlord and any mortgagee of Landlord, to the identity of whom has been provided extent such names are furnished to Tenant in writingprior to the cancellation of such policy. 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: of (xA) the Lease Commencement Date, and (yB) the date upon which Tenant and/or its employees, contractors and/or agents is first enter provided access to the Premises for occupancy, construction of improvements, alterations, or any other move-in activitiesPremises, and at least ten (II10) five (5) business days after before the renewal of such policiesexpiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementscertificate within ten (10) days after written notice from Landlord, Landlord may, at its option, after written option (upon notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter), procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.
Appears in 4 contracts
Samples: Lease Agreement (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) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the 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 required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 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 (to the extent applicable) shall (i) be issued by an provide that the insurance company having an AM Best rating will have no right of not less than A‑X subrogation against the mortgagee, Owner, Operator or any of their respective affiliated or subsidiary companies or the agents or employees thereof and (ii) provide that the proceeds thereof in the event of loss or damage shall, to the extent AM Best ratings are no longer availablepayable to any mortgagee, then a similar rating from another comparable rating agency), be payable notwithstanding any act of negligence or breach of warranty by Owner or Operator which is might otherwise acceptable to Landlord and licensed to do business result in the State forfeiture or nonpayment of California, (ii) such insurance proceeds. The liability insurance policies shall provide that the insurance will be in form deemed primary for Operator’s indemnification obligations under this Agreement and content reasonably acceptable that any other insurance available to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant Owner shall not do or permit be called upon by these policies to be done anything which invalidates 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 insurance by this Agreement, including but not limited to blanket and master policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord all amendments,renewals and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or certificates replacements 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, and (y) 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) at least five (5) business days before the Effective Date as to the policies that will be in effect on the Effective Date and within ten (10) days after receipt in the case of any new policies, renewal policies, replacement policies and amendments. If Operator has obtained any of such policies. In the event Tenant shall fail coverages and Owner elects to procure such obtain any of the required insurance, or Operator shall cause the coverage being replaced to deliver such policies or certificates be canceled without penalty and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account with a pro rata refund of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills thereforany prepaid premiums.
Appears in 2 contracts
Samples: Management Agreement (Intergroup Corp), Management Agreement (Portsmouth Square 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 (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A-X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 10.3.510.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 (i) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the 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 required insurance policies, and (iv) 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 of Landlord, the identity of whom has been provided to Tenant in 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) business days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Office Lease, Office Lease (Splunk Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord reasonably specifies in writing, as an additional insured as 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) cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed permitted to do business in the State of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant, as evidenced by an endorsement or policy excerpt; and (iiv) 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) Landlord. Tenant shall not do or permit endeavor to be done anything which invalidates the required cause said insurance policies, and (iv) 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 of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 ten (510) business days after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates certificate and applicable endorsements, Landlord may, at its option, after written option with notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord within five (5) 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 under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the 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), and (iii) 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 herein, and (iv) Tenant shall provide that said insurance shall not be canceled Landlord with notice of such cancellation immediately upon Tenant’s first becoming aware of such cancellation or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writingnon-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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A-X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 10.3.510.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A-X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 10.3.510.3.6), and (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) provide that said . 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 of Landlord, the identity of whom has been provided to Tenant in 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within thirty (30) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Sublease Agreement (Mast Therapeutics, Inc.), Office Lease (Santarus Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates, its property manager (if any) and any other party the Landlord so specifies, as an additional insured on the liability insurance, including Landlord's managing agent, if any; (ii) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A-:VII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed authorized to do business in the 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 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 required of Tenant. Tenant shall not cause said insurance shall not to be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of LandlordLandlord (unless such cancellation is the result of non-payment of premiums, the identity of whom has been provided to Tenant in writingwhich case not less than five (5) days' notice shall be provided). 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 (y) 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 after the at renewal of such policiesdates thereof. In the event Tenant shall fail to procure such insurance, or to 0000-0000-0000.7371310.00016/10-2-23/gjn/gjn -26- [Britannia Oyster Point][Pliant Therapeutics] deliver such policies or certificates and applicable endorsementscertificate, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Lease (Pliant Therapeutics, 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 shall following requirements: (i) the Commercial General Liability policy shall name Landlord and the Indemnitees as additional insureds, (ii) the “All-Risks” property insurance policy shall name Landlord and the Indemnitees as loss payees, (iii) each policy shall be issued by an one or more responsible insurance company having an AM Best rating of not less than 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 companies licensed to do business in the State of CaliforniaCalifornia reasonably satisfactory to Landlord, (iiiv) be in form and content reasonably acceptable where applicable, each policy shall provide for deductible amounts satisfactory 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 required insurance policiesco-insurance, and (ivv) 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 of Landlord, the identity of whom has been provided to Tenant in writingother party for losses covered by such policies. Tenant shall deliver said policy or to Landlord, certificates of insurance (and at Landlord’s request, copies of all policies or certificates and renewals thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier be maintained by Tenant hereunder), prior to occur of: (x) the Lease Commencement Date, and (y) the date Tenant and/or its employees, contractors and/or agents first enter Txxxxx’s entry into the Premises for occupancyand prior to the expiration date of each policy. Additionally, construction Tenant shall provide Landlord written notice of improvements, alterations, any cancellation or amendment of any other move-in activities, and such insurance within two (II) five (52) business days after following Tenant’s knowledge of the same. If Tenant fails to carry the insurance required under this Article 16 or fails to provide certificates of renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates as and applicable endorsementswhen required hereunder, Landlord may, at its option, after written notice but shall not be obligated to Tenant and Tenant's failure to obtain acquire such insurance within five (5) days thereafter, procure such policies for the account of Tenant on Tenant’s behalf or Tenant’s sole cost and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills thereforexpense.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A‑X, or which is otherwise acceptable to Landlord and licensed to do business in the State of CaliforniaWashington, (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 required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A-X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 10.3.510.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvementsImprovements, alterations, or any other move-in activities, and (II) five (5) business days after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease 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 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 the leasing manager for the building and their respective directors, officers, agents and employees, as additional insureds (except Workers' Compensation and Employers' Liability Insurance), (ii) be issued by an one or more responsible insurance company having an AM Best rating of not less than 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 companies licensed to do business in the State of California, (ii) be in form and content California reasonably acceptable satisfactory to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5)rated A+ XV or better in Best's Insurance Guide, (iii) Tenant shall where applicable, provide for deductible amounts reasonably satisfactory to Landlord and not do or permit to be done anything which invalidates the required insurance policiesco-insurance, and (iv) shall provide that said such 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 be required) and (v) each policy of "All-Risks" property insurance shall provide that the policy shall not be invalidated should the insured waive in writing prior to Landlord and a loss, any mortgagee or all rights of Landlord, the identity of whom has been provided to Tenant in writingrecovery against any other party for losses covered by such policies. 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 certificates (Ireasonably satisfactory to Landlord) of insurance for all policies and renewals thereof to be maintained by Tenant hereunder prior to the earlier to occur of: (x) the Lease Extension Commencement Date, Date and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within not less than five (5) days thereafterprior to the expiration date of each policy. Further, procure such within sixty (60) days after Landlord's request for certified copies of any or all policies for the account of and renewals thereof to be maintained by Tenant and the sole benefit of Landlordhereunder, and the cost thereof Tenant shall be paid deliver to Landlord after delivery to Tenant of bills thereforthe requested certified copies.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 required insurance policies10.3, and (iviii) 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 of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
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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 Each policy shall (i) name Landlord 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 Workers’ Compensation and Employers’ Liability Insurance), (ii) be issued by an one or more responsible insurance company having an AM Best rating of not less than 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 companies licensed to do business in the State of California, (ii) be in form and content California reasonably acceptable satisfactory to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5)Landlord, (iii) Tenant shall where applicable, provide for deductible amounts satisfactory to Landlord and not do or permit to be done anything which invalidates the required insurance policiesco-insurance, and (iv) shall provide that said such insurance shall may not be canceled or coverage changed unless amended without thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of the Landlord, and (v) each policy of “All-Risks” property insurance shall provide that the identity policy shall not be invalidated should the insured waive in writing prior to a loss, any or all rights of whom has been provided to Tenant in writingrecovery against any other party for losses covered by such policies. Tenant shall deliver said policy or to Landlord, certificates of insurance and at Landlord’s request, copies of all policies or certificates and renewals thereof and applicable endorsements which meet to be maintained by Tenant hereunder, not less than ten (10) days prior to the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of: (x) the Lease Commencement Date. Tenant shall use good faith commercially reasonable efforts to deliver to Landlord, certificates of insurance and at Landlord’s request, copies of all renewals of such policies not less than ten (10) days prior to the expiration date of each policy, and (y) 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 after the renewal all events shall deliver such copies of such policies. In renewals prior to the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account expiration date of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills thereforeach policy.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional insured, including Landlord’s managing agent, if any (for liability policies only); (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A- VII in A.M. Best’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and licensed to do business in the 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 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. Tenant shall endeavor to cause such policies to provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice (or ten (10) days in the event of non-payment of premium) shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in 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 Tranche I Commencement Date and prior to occur of: (x) the Lease Commencement Date, and (y) 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 after the renewal of such policiesexpiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates certificate, and applicable endorsementssuch failure continues for more than five (5) business days after written notice, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord within thirty (30) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Sublease (Twilio Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A-X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 10.3.510.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' days prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in 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, and (y) the date Tenant and/or its employees, contractors and/or 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. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall shall: (i) be an occurrence policy (or policies); (ii) name Landlord, the Building and Building manager or managers, and any other party having an interest in the Building as an additional insured; (iii) be issued by an insurance company having an AM Best rating a General Policyholders Rating of not less than A‑X (B+ or to better and a financial size of "VI" or better, as set forth in the extent AM Best ratings are no longer availablemost current issue of Best's Rating Guide, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of California, ; (iiiv) be in form primary insurance as to all claims thereunder and content reasonably acceptable to provide that any insurance carried by Landlord is excess and complying noncontributing with the requirements any insurance required of Section 10.3 Tenant; (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (ivv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' days prior written notice shall have been given to Landlord and any mortgagee of Landlord's; and (vi) with respect to the liability insurance described in Section 12.2.1, contain a cross-liability endorsement or severability of interest clause 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 does not reduce the identity coverage, impair the rights of whom has been provided to Tenant in writingeither party or negate the requirements of this Lease. Tenant shall deliver said policy or policies or certificates thereof and applicable thereof, together with any endorsements which meet reflecting the changes to the policy required to comply with the requirements of this Article 10 Lease, to Landlord on or before the Commencement Date and at least thirty (I30) days before the earlier to occur of: (x) the Lease Commencement Date, and (y) the expiration date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) five (5) business days after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable appropriate endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof plus a ten percent (10%) handling charge shall be paid by Tenant to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Lease Agreement (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 (i) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A-:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the 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), Landlord; (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) 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 of Landlord, the identity of whom has been provided to Tenant in writing, and (iv) with respect to the insurance required in Sections 10.3.1 and 10.3.2 above have deductible amounts not exceeding Fifty Thousand Dollars ($50,000.00). 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 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 (y30) days before 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 after the renewal of such policiesexpiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementscertificate, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord within thirty (30) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant and Landlord under this Lease shall in no event limit the liability of Tenant or Landlord, respectively, under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X (A-X or to the extent AM Best ratings are no longer available, then a similar Fitch rating from another comparable rating agency)of not less than AA, or which is otherwise reasonably acceptable to Landlord and licensed to do business in the 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 not do or permit to be done anything which invalidates the their respective required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates, its property manager (if any) and any other party the Landlord so specifies, as an additional insured or loss payee, as applicable, including Landlord's managing agent, if any; (ii) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A-:VII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed authorized to do business in the State of California, ; (iiiv) 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 required of Tenant; and (v) 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) Landlord. Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) promptly provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to cancellation received by Tenant in writingfrom its insurer. Tenant shall deliver certificates of 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 ten (y10) days before 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 after the renewal of such policiesexpiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates certificate, and applicable endorsementssuch failure continues for ten (10) days after written notice thereof from Landlord Tenant, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord 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 (i) name Landlord, and any other party the Landlord so specifies that has a material financial interest in the Project, as an additional insured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations under SECTION 10.1 of this Lease; (iii) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A-:VIII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of California, ; (iiiv) be in form primary insurance as to all claims thereunder and content reasonably acceptable to provide that any insurance carried by Landlord is excess and complying is non-contributing with the requirements any insurance requirement of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, Tenant; and (ivv) provide that said insurance shall not be canceled or coverage changed unless thirty ten (3010) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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 (y30) days before 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 after the renewal of such policiesexpiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementscertificate, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five ten (510) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord within thirty (30) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Lease (Vical 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) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the 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 required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 Business Days after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X A- (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 licensed to do business are within a financial size category of not less than "Class VII" in the State of Californiamost current Best's Key Rating Guide (or to the extent Best's Key Rating Guide is no longer available, then a similar rating from another comparable rating agency), (ii) be in a commercially reasonable form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.510.3.6), and (iii) Tenant neither party shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) . 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 of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 ten (510) business days after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementsendorsements or policy excerpts, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five ten (510) business days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A-X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 10.3.510.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) 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 of Landlord, the identity of whom has been provided to Tenant in 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 (i) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the 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 required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Affymetrix Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A-X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 10.3.510.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) business days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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) be issued by an insurance company having an AM Best rating of not less than 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 licensed authorized to do business in the State state in which the Collateral is located. Such insurers shall be accorded a similar rating by another nationally recognized insurance rating agency of California, (ii) be in form and content reasonably similar standing 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 Mortgagee if A.M. Best Company ceases to be done anything which invalidates the required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policiesrate insurers. In the event Tenant that an insurer meeting the requirements set forth above is subsequently downgraded so as to no longer meet such requirements, the Company shall fail have 60 days from the date of such downgrading to procure 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 losses, if any, shall be payable solely to the Mortgagee under a standard mortgage loss payable clause satisfactory to the Mortgagee, (3) shall provide that 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 invalidated by the use or operation of the Collateral for purposes which are not permitted by such policies, nor by any foreclosures or other proceedings relating to deliver 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 policies insurance would lapse or certificates be cancelled, terminated or changed for any reason whatsoever, the insurers will promptly notify the Mortgagee and applicable endorsementsany such lapse, Landlord maycancellation, termination or change shall not be effective as to the Mortgagee, the Banks and/or the Noteholders, as the case may be, for 10 Business Days after receipt of such notice, and (7) appropriate certification shall be made to the Mortgagee by each insurer with respect thereto. The Company hereby authorizes the Mortgagee, upon the occurrence and during the continuation of any Event of Default hereunder, at its optionthe Mortgagee's option to adjust, after written notice to Tenant compromise and Tenant's failure to obtain such settle any losses under any insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlordafforded, 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 after delivery to Tenant 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 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 as an additional insured,; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the 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 required insurance policies, and ; (iv) 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 of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or certificates of policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 required hereunder to Landlord on or before (I) the earlier to occur of: (x) the Lease Commencement DateDate and at least ten (10) 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 (y) agreement by such party to self-insure with respect to the date Tenant and/or its employeestype and amount of insurance which such party so failed to carry, contractors and/or agents first enter the Premises for occupancy, construction with full waiver of improvements, alterations, or any other move-in activities, and (II) five (5) business days after the renewal of such policiessubrogation with respect thereto. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementscertificate, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within delivery of five (5) days thereafterbusiness days’ notice to Tenant, at Landlord’s option, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the reasonable cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Lease (THQ 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 Each policy shall (i) name Landlord 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 Workers’ Compensation and Employers’ Liability Insurance), (ii) be issued by an one or more responsible insurance company having an AM Best rating of not less than 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 companies licensed to do business in the State of California, (ii) be in form and content California reasonably acceptable satisfactory to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5)Landlord, (iii) Tenant shall where applicable, provide for deductible amounts satisfactory to Landlord and not do or permit to be done anything which invalidates the required insurance policiesco-insurance, and (iv) shall provide that said such insurance shall may not be canceled or coverage changed unless amended without thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of the Landlord, and (v) each policy of “All-Risks” property insurance shall provide that the identity policy shall not be invalidated should the insured waive in writing prior to a loss, any or all rights of whom has been provided to Tenant in writingrecovery against any other party for losses covered by such policies. Tenant shall deliver said policy or to Landlord, certificates of insurance and at Landlord’s request, copies of all policies or certificates and renewals thereof and applicable endorsements which meet to be maintained by Tenant hereunder, not less than ten (10) days prior to the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of: (x) the Lease Commencement Date. Tenant shall use good faith commercially reasonable efforts to deliver to Landlord, certificates of insurance and at Landlord’s request, copies of all renewals of such policies not less than ten (10) days prior to the expiration date of each policy, and (y) 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 after the renewal all events shall deliver such copies of such policies. In renewals prior to the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account expiration date of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills thereforeach policy.
Appears in 1 contract
Samples: Office Lease (Lemonade, Inc.)
Form of Policies. The minimum limits of All insurance policies of insurance required of Tenant to be carried under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (ia) be issued written by an insurance company having an AM Best rating of not less than A‑X (companies rated 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 better in “Best’s Insurance Guide” and licensed authorized to do business in the 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 required insurance policies, and (ivb) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to name any parties with an insurable interest designated by Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writingas additional insureds. 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 Term Commencement Date, and thereafter within ten (y10) the date Tenant and/or days of policy expiration, certified copies of its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterationsinsurance policies, or any other move-a certificate evidencing the same issued by the insurer thereunder, and, in activities, and (II) five (5) business days after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementscertificates, Landlord may, at its option, after written notice to Tenant and option (upon Tenant's ’s failure to obtain procure such insurance or to deliver such policies or certificates within five fifteen (515) days thereafterfollowing receipt of notice thereof from Landlord) and in addition to Landlord’s other remedies in the Event of Default by Tenant hereunder, procure such policies the same for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord after delivery as Allocated Cost. Any insurance provided for in Sections 5.1 and 5.3 may be maintained by means of a policy or policies of blanket insurance, covering additional items or locations or insureds, provided, however, that:
(a) Landlord and any other parties in interest from time to time designated by Landlord to Tenant shall be named as an additional insured thereunder as its interest may appear;
(b) the coverage afforded Landlord and any such other parties in interest will not be reduced or diminished by reason of bills thereforthe use of such blanket policy of insurance;
(c) any such policy or policies shall specify therein (or Tenant shall furnish Landlord with a written statement from the insurers under such policy specifying) the amount of the total insurance allocated to the Tenant’s improvements and property; and
(d) the requirements set forth in this Article 5 are otherwise satisfied.
Appears in 1 contract
Samples: Office Lease (Annie's, Inc.)
Form of Policies. The minimum limits of policies of insurance (a) Each policy required of Tenant under this Lease pursuant to Section 9.01 shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than 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 licensed to do business in the State of California, (ii) be in form and content reasonably with insurers acceptable to the Landlord any Mortgage and any other Persons with an interest in the Building. The insurance described in Subsections
9.01 (a) and (b) shall name as loss payee the Landlord and complying anyone else with an interest in the requirements Building from time to time designated in writing by the Landlord. The insurance described in Subsections 9.01(c) and (d) shall name as an additional named insured the Landlord and any other Persons with an interest in the Building from time to time designated in writing by the Landlord. All property damage and liability insurance shall contain provisions for cross-liability and severability of Section 10.3 (including, Sections 10.3.1 through 10.3.5interests as between the Landlord and the Tenant. Each policy maintained pursuant to Subsections 9.01(a), (iiib), (c) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (ivd) shall contain a waiver of any rights of subrogation which the insurer may have against the Landlord and those for whom the Landlord is in law responsible whether the damage is caused by the act, omission or negligence of the Landlord or such other Persons.
(b) The insurance described in Subsections 9.01(a) and (b) shall provide that said insurance any proceeds recoverable in the event of damage to Leasehold Improvements shall be payable to the Landlord. The Landlord agrees to make available such proceeds toward repair or replacement of the insured property if this Lease is not be canceled or coverage changed unless terminated pursuant to any other provision of this Lease.
(c) Each policy required pursuant to Section 9.01 shall provide that the insurer must notify the Landlord and any Mortgagee in writing at least thirty (30) days' days prior written notice to any material change or cancellation thereof and that the policy shall have been given to not be invalidated in respect of the interests of the Landlord and any mortgagee Mortgagee by reason of any breach or violation of any warranties, representations, declarations or conditions contained in such policies, and the policy will be considered as primary insurance and shall not call into contribution any other insurance that may be available to the Landlord.
(d) The Tenant shall furnish to the Landlord any Mortgagee and any other Persons with an interest in the Building, prior to the commencement of the Term, evidence satisfactory to the Landlord, Mortgagee or other Persons that each policy required by Section 9.01 has been obtained, The Tenant shall provide written evidence of the continuation of such policies not less than ten (10) days prior to their respective expiry dates. Upon request of the Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements provide certified copies of this Article 10 to Landlord on or before (I) the earlier to occur of: (x) the Lease Commencement Date, and (y) 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 after the renewal of all such policies. In the event Tenant shall fail to procure The cost or premium for each and every such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof policy shall be paid by the Tenant. If the Tenant fails to maintain such insurance the Landlord after delivery shall have the right, but not the obligation, to do so, and to pay the cost or premium therefor, and in such event the Tenant of bills thereforshall repay to the Landlord, as Additional Rent, forthwith on demand the amount so paid.
Appears in 1 contract
Samples: Lease Agreement (Pri Automation 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) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the State of California, (ii) be in commercially reasonable 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 required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 each party under this Lease shall in no event limit the liability of Tenant such party under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the State of California, (ii) be in a commercially reasonable 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 neither party shall not do or permit to be done anything which invalidates the required insurance policies, and . If such policies of insurance do not contain a provision that the company writing said policy will give Landlord ten (iv10) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior days written notice in the event of non-payment of premium, then Tenant shall have been given provide such written notice to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writingwithin such ten (10) day period. Tenant shall deliver said policy or policies or 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, and (y) 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 ten (510) business days after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates certificates, and applicable endorsementsendorsements or policy excerpts, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five ten (510) business days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A-X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 10.3.510.3.6), . (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Sublease Agreement (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 (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 required insurance policies10.3, and (iviii) 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 of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) the date Tenant and/or its employees, contractors and/or agents Tenant Parties 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. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Landlord and Tenant under this Lease shall in no event limit the liability of Landlord and Tenant under this Lease. Such All insurance shall (i) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A- VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of California, ; and (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 required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord the other party and any mortgagee or ground or underlying lessor of Landlord. In addition, the identity insurance described in Section 7.3.1 above shall (a) name Landlord, and any other party specified by Landlord, as an additional insured; (b) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant’s obligations under Section 7.1 of whom has been provided this Lease; (c) be primary insurance as to Tenant in writingall claims thereunder and provide that any insurance required by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (d) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements to Landlord upon execution of this Article 10 to Landlord on or Lease and at least thirty (30) days before (I) the earlier to occur of: (x) the Lease Commencement Date, and (y) 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 after the renewal of such policiesexpiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementscertificate, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof costs of it shall be paid to Landlord as Additional Rent within fifteen (15) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Lease Agreement (American Residential Investment Trust Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the 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), and (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) provide that . Tenant shall not cause said insurance shall not to be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of LandlordLandlord (unless such cancellation is the result of non-payment of premiums, the identity of whom has been provided to Tenant in writingwhich case note less than five (5) days' notice shall be provided). 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within ten (10) 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 (i) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the State of California, and (ii) be in form and content reasonably acceptable to Landlord and complying comply with the requirements of Section 10.3 10.5 (including, Sections 10.3.1 10.5.1 through 10.3.510.5.5), (iii) . Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) provide that said insurance Tenant shall not be canceled or coverage changed unless 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 change in coverage with respect to said insurance. Tenant shall deliver said policy or certificates evidencing such 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 Phase I Lease Commencement Date, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain 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 Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Nektar Therapeutics)
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 issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A-X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 10.3.510.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's Xxxxxx’s failure to obtain such insurance within five (5) business days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A-X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 10.3.510.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) 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 of Landlord, the identity of whom has been provided to Tenant in 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 required of Tenant may be subject to standard deductibles. All insurance shall (i) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of California, ; and (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 required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed in a manner which may be adverse to Landlord unless thirty ten (3010) 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 identity Project specified by Landlord, as an additional insured; (b) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant’s obligations under Section 7.1 of whom has been provided this Lease; and (c) be primary insurance as to Tenant in writingall claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant. Tenant shall deliver said policy or all 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 (y) proof of continuation of coverage before 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 after the renewal of such policiesexpiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementscertificate, Landlord may, at its option, after written (i) deny Tenant the right to occupy the Premises until such time as Tenant delivers such policies or certificate (which denial shall have no effect upon the Lease Commencement Date), or (ii) upon at least ten (10) days’ prior notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the 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 required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver certificates of 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Sublease Agreement (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 (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A-X, or which is otherwise reasonably acceptable to Landlord and licensed to do business in the 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 required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 (i) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the 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 required insurance policies. Tenant shall notify Landlord as soon as reasonably possible, and (iv) provide that said insurance shall but in any event not be canceled or coverage changed unless less than thirty (30) days' days prior written notice shall have been given to Landlord and the effective date of (a) any mortgagee cancellation of Landlordinsurance policies required hereunder, the identity and/or (b) any change that results in a material change in coverage terms or limits of whom has been provided to Tenant in writinginsurance 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A-X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 10.3.510.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) 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 of Landlord, the identity of whom has been provided to Tenant in 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the State of CaliforniaWashington, (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 required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 (i) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the State of California, (ii) be in a commercially reasonable 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 neither party shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) . 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 of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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, and (y) 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 ten (510) business days after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementsendorsements or policy excerpts, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five ten (510) business days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 (i) be issued by an insurance company having an AM Best rating of not less than 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 licensed to do business in the 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 required insurance policies, and (iv) 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 (provided that such notice shall not be necessary for the expiration of such policies or any mortgagee cancellation for non-payment of Landlord, the identity of whom has been provided to Tenant in writingrelated 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Lease Agreement (Cytokinetics 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) be issued by an insurance company having an AM Best rating of not less than A‑X 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 licensed to do business in the 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 required insurance policies, and (iv) provide that said insurance shall not be canceled or coverage changed unless thirty ten (3010) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or certificates of such 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, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 (i) be issued by an insurance company having an AM Best a rating of not less than A‑X ("A" or to the extent AM Best ratings are no longer availablehigher from Xxxxx'x Investors Service, then a similar rating from another comparable rating agency)Inc. or Standard & Poor's Rating Service or their respective successors, or which is otherwise acceptable to Landlord and licensed to do business in the 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 10.3.510.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) 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 of LandlordLandlord Mortgagee, the identity of whom has been provided to Tenant in writing. Tenant shall deliver full copies of 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, and (y) 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 after the renewal of such policies, but in any event no less frequently than annually. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant or its contractors, subcontractors, architects or engineers under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) as appropriate name Landlord, and any other party the Landlord so specifies, as an additional insured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, IRVINE OAKS EXECUTIVE PARK [Kofax Image Products, Inc.] 36 including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A-X in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of California, ; (iiiv) 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 complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, Landlord; and (ivvi) provide that said insurance shall not be canceled or coverage materially changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, Landlord by the identity of whom has been provided to Tenant in writinginsurer or the Tenant. 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 (y30) days before 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 after the renewal of such policiesexpiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementscertificate, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord within fifteen (15) days after delivery to Tenant of bills therefor. Landlord shall, in good faith, attempt to provide Tenant with notice of Landlord's exercise of the foregoing right, if any, within thirty (30) days following such exercise, provided, Landlord's failure to deliver such notice shall not affect Landlord's rights hereunder.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Landlord and Tenant under this Lease shall in no event limit the liability of Landlord or Tenant under this Lease. Such insurance shall (i) in the case of Tenant's commercial general liability insurance, name Landlord (and any other party specified by Landlord), as an additional insured, including Landlord's managing agent, if any; (ii) in the case of Tenant's commercial general liability insurance, specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations under Section 10.1 of this Lease subject to the terms and conditions of the policies; (iii) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A-VII in Best's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of California; (iv) in the case of Tenant's commercial general liability insurance, be primary and noncontributory insurance as to claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (iiv) 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 required insurance policies, Landlord; and (ivvi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) 30 days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in 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 DateDate and upon renewal thereof. Further, and (y) Landlord shall have the date right, from time to time, to request copies of policies of Tenant's insurance required hereunder, which 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 policiesshall thereafter provide within ten days. In the event If Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementscertificate, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord within 30 days after delivery to Tenant of bills therefortherefor pursuant to Section 26.2.
Appears in 1 contract
Samples: Office and R&d Lease (Aquantia Corp)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional insured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having an AM Best rating of not less than 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 approved in advance by Landlord and licensed to do business in the State of California, ; (iiiv) 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 complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, Landlord; and (ivvi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. Tenant shall deliver said policy or policies or 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 DateDate and at least thirty (30) days before the expiration dates thereof. Further, and 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 (y) 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 (510) business days after the renewal of such policiesdays. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementscertificate, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Palisade Bio, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) be issued by an insurance company having an AM Best rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency)A-X, or which is otherwise acceptable to Landlord and licensed to do business in the 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 10.3.510.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (iv) provide that said insurance shall not be canceled accompanied by an Xxxxx Certificate of Liability Insurance or coverage changed unless its substantial equivalent, naming Landlord as a Certificate Holder and listing Landlord as an additional or included insured, and allowing for thirty (30) days' prior written notice shall have been given to days in the event of cancellation; and (v) be accompanied by an Xxxxx Evidence of Property insurance or its substantial equivalent, naming Landlord and any (or, should the Landlord direct, its mortgagee of Landlord, the identity of whom has been provided to Tenant in writingas 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 earlier to occur of: (x) the Lease Commencement Date, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsements, Landlord may, at its option, after written notice to Tenant and Tenant's ’s failure to obtain such insurance within five (5) business days thereafter, procure such policies for the account of Tenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord 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 Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, including Landlord’s managing agent, if any, shall be named as an additional insured under the policies listed in Sections 10.3.1 and as a loss payee to the extent of its interest with respect to the insurance specified in Section 10.3.2, above. All insurance policies required to be maintained by Tenant shall (i) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State Commonwealth of California, Massachusetts; (ii) 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 required of Tenant; (iii) 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 required insurance policies, Landlord; and (iv) provide that said insurance insurer shall not be canceled or coverage changed unless thirty (30) days' prior endeavor to provide written notice shall have been given to Landlord and any mortgagee of Landlord, to the identity of whom has been provided extent such names are furnished to Tenant in writingprior to the cancellation of such policy. 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: of (xA) the Lease Commencement Date, and (yB) the date upon which Tenant and/or its employees, contractors and/or agents is first enter provided access to the Premises for occupancy, construction of improvements, alterations, or any other move-in activitiesPremises, and at least ten (II10) five (5) business days after before the renewal of such policiesexpiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementscertificate within ten (10) days after written notice from Landlord, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates, its property manager (if any) and any other party the Landlord so specifies, as an -25- HCP, INC. Sorrento Gateway[Sorrento Therapeutics, Inc.] additional insured, including Landlord’s managing agent (but only with regard to commercial liability and general property insurance), if any; (ii) be issued by an insurance company having an AM Best a rating of not less than A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), A:IX in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of California, ; (iiiv) 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 required of Tenant; (v) 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 required insurance policies, Landlord; and (ivvi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' ’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, Landlord (unless such cancellation is the identity result of whom has been provided to Tenant in writingnon-payment of 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 ten (y10) days before 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 after the renewal of such policiesexpiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and applicable endorsementscertificate, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant and the sole benefit of LandlordTenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Lease (Sorrento Therapeutics, Inc.)