Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, flood and earthquake coverage, be issued by insurance carriers authorized to do business in the State, having a general policy holder's rating of no less than B++ in Best's latest rating guide. All such policies described in Sections 9.1(a) through (d) shall include no deductible in excess of that carried by the Guarantor and its Affiliated Persons at similar properties and, with the exception of the insurance described in Sections 9.1(e), shall name Landlord and any Hotel Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnity. All loss adjustments shall be payable as provided in Article 10. Tenant shall cause all insurance premiums to be paid and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times required, Landlord shall have the right, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 5 contracts
Samples: Lease Agreement (Hospitality Properties Trust), Lease Agreement (Hospitality Properties Trust), Lease Agreement (Hospitality Properties Trust)
Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, flood and earthquake coverage, be issued by insurance carriers authorized to do business in the State, having a general policy holder's rating of no less than B++ in Best's latest rating guide. All such policies described in Sections 9.1(a) through (d) shall include no deductible in excess of that carried by the Guarantor and its Affiliated Persons at similar properties Two Hundred Fifty Thousand Dollars ($250,000) and, with the exception of the insurance described in Sections 9.1(e), shall name Landlord and any Hotel Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article 10. Tenant shall cause all insurance premiums to be paid and shall deliver policies or certificates thereof of insurance to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times required, Landlord shall have the right, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 2 contracts
Samples: Lease Agreement (Wyndham Hotel Corp), Lease Agreement (Hospitality Properties Trust)
Form Satisfactory, Etc. All policies of insurance policies and endorsements required pursuant to under this Article 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, flood written in a form reasonably satisfactory to Landlord and earthquake coverage, be issued written by insurance carriers companies authorized to do business in the State, having a general policy holder's rating of no less than B++ in Best's latest rating guidewhich insurance companies shall be reasonably satisfactory to Landlord. All such policies described in Sections 9.1(a) through (d) of insurance required under this Article 9 shall include no deductible in excess of that carried by the Guarantor $250,000 and its Affiliated Persons at similar properties and, (with the exception of the insurance described in Sections 9.1(e), paragraph (e) of Section 9.1) shall name Landlord and any Hotel Facility Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments Losses shall be payable to Landlord or Tenant as provided in Article 10. Any loss adjustment shall require the written consent of Landlord, Tenant and each Facility Mortgagee. Evidence of insurance shall be deposited with Landlord and, if requested, any Facility Mortgagee. Tenant shall cause pay all insurance premiums to be paid premiums, and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, five (5) days prior to the expiration of the existing policy). All such policies shall provide Landlord (, and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event Tenant shall fail either to effect such insurance as herein required, to pay the premiums therefor or or, to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times required, . Landlord shall have the right, but not the obligation, subject to the provisions of Section 12.5, to acquire effect such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional ChargesRent, together with interest accrued thereon at the Overdue Base Rate from the date such payment is made until (but excluding) the date repaid. All such policies shall provide Landlord (and any Facility Mortgagee, if required by the same) thirty (30) days prior written notice of any cancellation or non-renewal of such policy (except in the event of any cancellation or non-renewal for non-payment of premium, in which case such policy shall provide for ten (10) days prior written notice thereof).
Appears in 2 contracts
Samples: Settlement Agreement (Senior Housing Properties Trust), Lease Agreement (Senior Housing Properties Trust)
Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, flood and earthquake coverage, be issued by insurance carriers authorized to do business in the State, having a general policy holder's rating of no less than B++ in Best's latest rating guide. All such policies described in Sections 9.1(a) through (d) shall include no deductible in excess of that carried by Two Hundred Fifty Thousand Dollars ($250,000) (with the Guarantor exception of insurance described in Section 9.1(a) providing coverage for windstorm which may have a deductible not exceeding five percent (5%) of the policy amount for such insurance or such lesser amount as may be usual and its Affiliated Persons at similar properties customary in the insurance industry for like properties) and, with the exception of the insurance described in Sections 9.1(e), shall name Landlord and any Hotel Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article 10, except that losses under Sections 9.1(c) and (e) shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 2 contracts
Samples: Lease Agreement (Hospitality Properties Trust), Lease Agreement (Sholodge Inc)
Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, flood and earthquake coverage, be issued by insurance carriers authorized to do business in the relevant State, having a general policy holder's rating of no less than B++ in Best's latest rating guide. All such policies described in Sections 9.1(a) through (d) shall include no deductible in excess of that carried by Two Hundred Fifty Thousand Dollars ($250,000) for any one Leased Property and no deductible in excess of One Million Dollars ($1,000,000) in the Guarantor and its Affiliated Persons at similar properties aggregate for the Collective Leased Properties, and, with the exception of the insurance described in Sections Section 9.1(e), shall name Landlord and any Hotel Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article 10. Tenant shall cause all insurance premiums to be paid and shall deliver policies or certificates thereof of insurance to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times required, Landlord shall have the right, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 1 contract
Samples: Master Lease Agreement (Hospitality Properties Trust)
Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, flood and earthquake coverage, be issued by insurance carriers authorized to do business in the State, having a general policy holder's rating of no less than B++ in Best's latest rating guide. All such policies described in Sections 9.1(a) through (d) shall include no deductible in excess of that carried by the Guarantor and its Affiliated Persons at similar properties Two Hundred Fifty Thousand Dollars ($250,000) and, with the exception of the insurance described in Sections 9.1(e), shall name Landlord and any Hotel Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article 10. Tenant shall cause all insurance premiums to be paid and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times 54 -47- required, Landlord shall have the right, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 1 contract
Samples: Lease Agreement (Wyndham Hotel Corp)
Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, flood and earthquake coverage, be issued by insurance carriers authorized to do business in the relevant State, having a general policy holder's rating of no less than B++ in Best's latest rating guide. All such policies described in Sections 9.1(a) through (d) shall include no deductible in excess of that carried by the Guarantor and its Affiliated Persons at similar properties Two Hundred Fifty Thousand Dollars ($250,000) and, with the exception of the insurance described in Sections 9.1(e), shall name Landlord and any Hotel Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article 10. Tenant shall cause all insurance premiums to be paid and shall deliver policies or certificates thereof of insurance to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times required, Landlord shall have the right, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 1 contract
Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 VII shall be fully paid for, nonassessable andnonassessable, except for umbrella, worker's compensation, flood and earthquake coverage, be issued by reputable insurance carriers companies authorized to do business in the State, Commonwealth of Pennsylvania and having a general policy holder's ’s rating of no less than B++ A in Best's ’s latest rating guide. All such property, business interruption, liability and flood insurance policies described in Sections 9.1(a) through (d) with respect to each Property shall include no deductible in excess of that carried by the Guarantor Two Hundred Fifty Thousand Dollars ($250,000). At all times, all property, business interruption, liability and its Affiliated Persons at similar properties andflood insurance policies, with the exception of the worker’s compensation insurance described in Sections 9.1(e)coverage, shall name Landlord and any Hotel Mortgagee Lender as an additional insuredsinsured, as their its interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article 10VIII, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant The Borrower Parties shall cause all insurance premiums to be paid and shall deliver policies or certificates thereof to Landlord Lender prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) Lender thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant the Borrower Parties shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee Lender at the times required, Landlord Lender shall have the right, upon Notice to the Borrower Parties, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to LandlordLender, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 1 contract
Form Satisfactory, Etc. All of the policies of insurance policies and endorsements required pursuant referred to this Article 9 in Section 13.1 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, flood written in a form reasonably satisfactory to Landlord and earthquake coverage, be issued by insurance carriers authorized to do business in the State, having a general policy holder's rating of no companies rated not less than B++ in A-X by A.M. Best's latest rating guideInsurance Guide. All such policies described in Sections 9.1(a) through (d) shall include no deductible in excess of that In addition, all insurance carried by the Guarantor and its Affiliated Persons at similar properties and, with the exception of the insurance described in Sections 9.1(e), Tenant hereunder shall name Landlord and any Hotel Mortgagee as additional insureds, as their interests may appear and have deductible amounts which are reasonably acceptable to the extent of their indemnity. All loss adjustments shall be payable as provided in Article 10Landlord. Tenant shall cause pay all premiums for the policies of insurance premiums referred to be paid in Section 13.1 and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, and with respect to any renewal policy, at least 10 days prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail fails to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times requiredsatisfy its obligations under this Section 13.4, Landlord shall have the rightbe entitled, but not the shall have no obligation, subject to the provisions of Section 12.5, to acquire effect such insurance and pay the premiums therefor, which amounts premiums shall be repayable to Landlord upon written demand as Additional Charges. Each insurer mentioned in Section 13.1 shall agree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord 30 days' written notice before the policy or policies in question shall be altered in any material respect, allowed to expire or cancelled. Each such policy shall also provide that any loss otherwise payable thereunder shall be payable to Landlordnotwithstanding (i) any act or omission of Landlord or Tenant which might, upon demandabsent such provision, as Additional Chargesresult in a forfeiture of all or a part of such insurance payment, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excludingii) the date repaidoccupation or use of the Leased Property for purposes more hazardous than those permitted by the provisions of such policy, (iii) any foreclosure or other action or proceeding taken by any Facility Mortgagee pursuant to any provision of a mortgage, note, assignment or other document evidencing or securing a loan upon the happening of an event of default therein or (iv) any change in title to or ownership of the Leased Property.
Appears in 1 contract
Samples: Lease (National Golf Properties Inc)
Form Satisfactory, Etc. All insurance policies and endorsements ----------------------- required pursuant to this Article 9 shall be fully paid for, nonassessable and, --------- except for umbrella, worker's compensation, umbrella and flood and earthquake coverage, be issued by insurance carriers authorized to do business in the State, having a general policy holder's rating of no less than B++ in Best's latest rating guide. All such policies described in Sections 9.1(a) through (d) shall include no deductible in excess of that carried by the Guarantor and its Affiliated Persons at similar properties Two --------------------------- Hundred Fifty Thousand Dollars ($250,000) and, with the exception of the insurance described in Sections 9.1(e), shall name Landlord and any Hotel --------------- Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article 10. Tenant shall cause all ---------- insurance premiums to be paid and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times required, Landlord shall have the right, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which ------------ amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 1 contract
Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article ARTICLE 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, flood and earthquake coverage, be issued by insurance carriers authorized to do business in the State, having a general policy holder's rating of no less than B++ in Best's latest rating guide. All such policies described in Sections 9.1(aSECTIONS 9.1(A) through THROUGH (dD) shall include no deductible in excess of that carried by Two Hundred Fifty Thousand Dollars ($250,000) (with the Guarantor exception of insurance described in SECTION 9.1(A) providing coverage for windstorm which may have a deductible not exceeding five percent (5%) of the policy amount for such insurance or such lesser amount as may be usual and its Affiliated Persons at similar properties customary in the insurance industry for like properties) and, with the exception of the insurance described in Sections 9.1(eSECTIONS 9.1(E), shall name Landlord and any Hotel Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article ARTICLE 10, except that losses under SECTIONS 9.1(C) AND (E) shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 1 contract
Samples: Lease Agreement (Sholodge Inc)
Form Satisfactory, Etc. All insurance policies and endorsements ----------------------- required pursuant to this Article 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, flood and earthquake coverage, --------- be issued by insurance carriers authorized to do business in the State, having a general policy holder's rating of no less than B++ in Best's latest rating guide. All such policies described in Sections 9.1(a) through (d) shall include --------------------------- no deductible in excess of that carried by the Guarantor and its Affiliated Persons at similar properties Two Hundred Fifty Thousand Dollars ($250,000) and, with the exception of the insurance described in Sections 9.1(e), shall name --------------- Landlord and any Hotel Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article 10. ---------- Tenant shall cause all insurance premiums to be paid and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times required, Landlord shall have the right, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 1 contract
Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, umbrella and flood and earthquake coverage, be issued by insurance carriers authorized to do business in the State, having a general policy holder's rating of no less than B++ A:XI in Best's latest rating guideguide and otherwise satisfactory under any Hotel Mortgage, or Ground Lease. All such policies No policy described in Sections 9.1(a9.1(i)(a), (ii)(a)-(c) through and (diii) shall include no a deductible in excess of One Thousand Dollars ($1,000) (provided, however, that carried by the Guarantor insurance for earthquake and its Affiliated Persons at similar properties hurricane damage may include such reasonable deductibles as are consistent with normal industry practice and which are otherwise acceptable to Landlord) and, with the exception of the insurance described in Sections 9.1(eSection 9.1(i)(b), shall name Landlord and any Hotel Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article 10. Tenant shall cause all insurance premiums to be paid and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times required, Landlord shall have the right, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 1 contract
Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, flood and earthquake coverage, shall contain such provisions and expiration dates and be in such form and amounts and issued by insurance carriers authorized to do business in the State, having a general policy holder's rating of no less than B++ at least A-in Best's latest rating guideguide (or such other comparable rating or such other customarily used rating agency as may be required by any Facility Mortgagee), and otherwise as shall be approved by Landlord. All Without limiting the foregoing, such policies described in Sections 9.1(a) through (d) shall include no deductible in excess of that carried only deductibles reasonably approved by the Guarantor Landlord and its Affiliated Persons at similar properties and, with the exception of the insurance described in Sections 9.1(e), shall name Landlord and any Hotel Facility Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnity. All loss adjustments losses shall be payable to Landlord or Tenant as provided in Article 10. Any loss adjustment shall require the prior written consent of Landlord and Tenant. Tenant shall cause pay all insurance premiums to be paid and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In , and, in the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Facility Mortgagee at the times required, Landlord shall have the right, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.Additional
Appears in 1 contract
Samples: Master Lease Agreement (Magellan Health Services Inc)
Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, umbrella and flood and earthquake coverage, be issued by insurance carriers authorized to do business in the State, having a general policy holder's rating of no less than B++ in Best's latest rating guide. All such policies described in Sections 9.1(a) through (d) shall include no deductible in excess of that carried by the Guarantor and its Affiliated Persons at similar properties Two Hundred Fifty Thousand Dollars ($250,000) and, with the exception of the insurance described in Sections 9.1(e), shall name Landlord and any Hotel Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article 10. Tenant shall cause all insurance premiums to be paid and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times required, Landlord shall have the right, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 1 contract
Samples: Master Lease Agreement (Hospitality Properties Trust)
Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article ARTICLE 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, flood and earthquake coverage, be issued by insurance carriers authorized to do business in the State, having a general policy holder's ’s rating of no less than B++ in Best's ’s latest rating guide. All such policies described in Sections SECTIONS 9.1(a) through (d) shall include no deductible in excess of that carried by the Guarantor and its Affiliated Persons at similar properties Two Hundred Fifty Thousand Dollars ($250,000) and, with the exception of the insurance described in Sections SECTIONS 9.1(e), shall name Landlord and any the Hotel Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article ARTICLE 10, except that losses under SECTIONS 9.1(c) and 9.1(e) shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any the Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any the Hotel Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Interest Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 1 contract
Form Satisfactory, Etc. All insurance policies and endorsements ----------------------- required pursuant to this Article 9 shall be fully paid for, nonassessable and, --------- except for umbrella, worker's compensation, umbrella and flood and earthquake coverage, be issued by insurance carriers authorized to do business in the State, having a general policy holder's rating of no less than B++ in Best's latest rating guide. All such policies described in Sections 9.1(a) through (d) shall d)shall include no deductible in excess of that carried by the Guarantor and its Affiliated Persons at similar properties Two -------------------------- Hundred Fifty Thousand Dollars ($250,000) and, with the exception of the insurance described in Sections Section 9.1(e), shall name Landlord and any Hotel ------------- Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article 10. Tenant shall cause all ---------- insurance premiums to be paid and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Hotel Mortgagee if required by the same) thirty (30) days days' prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any Hotel Mortgagee at the times required, Landlord shall have the right, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.
Appears in 1 contract
Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable and, except for umbrella, worker's compensation, flood and earthquake coverage, be issued by insurance carriers authorized to do business in the State, having a general policy holder's rating of no less than B++ in Best's latest rating guide. All such policies described in Sections 9.1(a) through (d) shall include no deductible in excess of that carried by the Guarantor and its Affiliated Persons at similar properties Two Hundred Fifty Thousand Dollars ($250,000) and, with the exception of the insurance described in Sections 9.1(e), shall name Landlord and any the Hotel Mortgagee as additional insureds, as their interests may appear and to the extent of their indemnityappear. All loss adjustments shall be payable as provided in Article 10, except that losses under Sections 9.1(c) and 9.1(e) shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any the Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect such insurance as herein required, to pay the premiums therefor or to deliver such policies or certificates to Landlord or any the Hotel Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Interest Rate from the date such payment is made until (but excluding) the date repaid.
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Samples: Stock Purchase Agreement (Hospitality Properties Trust)