Common use of Form Satisfactory, Etc Clause in Contracts

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable and 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 A or A+ in Best's latest rating guide, and as otherwise shall be approved by Landlord. Without limiting the foregoing, such policies shall include no deductible (unless consistent with deductibles included in policies carried by entities engaged in similar businesses and owning similar properties similarly situated or agreed to in advance by Landlord) and, with the exception of the insurance described in Section 9.1(f), shall name Landlord and any Facility Mortgagee as additional insureds, as their interests may appear. All losses shall be payable to Landlord, any Facility Mortgagee or Tenant as provided in Article 10. Any loss adjustment in excess of $50,000 shall require the written consent of Landlord, Tenant, and each Facility Mortgagee. Tenant shall pay all insurance premiums, and 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), and in the event Tenant shall fail either to effect such insurance as herein required, to pay the premiums therefor, or to deliver such policies or certificates to Landlord or any Facility Mortgagee at the times required, Landlord shall have the right, but not the obligation, 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 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 expiration or cancellation of such policy or any modification thereof the effect of which is to reduce the amount of insurance maintained or otherwise fail to effect the insurance required by this Article 9.

Appears in 1 contract

Samples: Master Lease Document (Senior Housing Properties Trust)

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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 and contain such provisions and expiration dates and flood coverage, 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 A or A+ no less than A-:XI in Best's latest rating guideguide and otherwise satisfactory under any Hotel Mortgage or Ground Lease. No policy described in SECTIONS 9.1(i)(a), (ii)(a)-(c) and as otherwise shall be approved by Landlord. Without limiting the foregoing, such policies (iii) shall include no a deductible in excess of Twenty Five Thousand Dollars (unless $25,000) (provided, however, that insurance for earthquake and hurricane damage may include such reasonable deductibles as are consistent with deductibles included in policies carried by entities engaged in similar businesses normal industry practice and owning similar properties similarly situated or agreed which are otherwise acceptable to in advance by Landlord) and, with the exception of the insurance described in Section 9.1(fSECTION 9.1(i)(b), shall name Landlord and any Facility Hotel Mortgagee as additional insureds, as their interests may appear. All losses loss adjustments shall be payable to Landlord, any Facility Mortgagee or Tenant as provided in Article ARTICLE 10. Any loss adjustment in excess of $50,000 shall require the written consent of Landlord, Tenant, and each Facility Mortgagee. Tenant shall pay cause all insurance premiums, premiums to be paid and shall make available such policies and 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 in 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 either to effect such insurance as herein required, to pay the premiums therefor, therefor or to deliver such policies or certificates to Landlord or any Facility 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. All such policies shall provide Landlord (and any Facility Mortgagee, if required by the same) thirty (30) days' prior written notice of any expiration or cancellation of such policy or any modification thereof the effect of which is to reduce the amount of insurance maintained or otherwise fail to effect the insurance required by this Article 9.

Appears in 1 contract

Samples: Lease Agreement (Lasalle Hotel Properties)

Form Satisfactory, Etc. All policies of insurance policies and endorsements required pursuant to under this Article 9 shall be fully paid for, nonassessable written in a form reasonably satisfactory to Landlord and contain such provisions and expiration dates and be in such form and amounts and issued by insurance carriers companies authorized to do business in the State, having a general policy holder's rating of A or A+ in Best's latest rating guideinsurance, and as otherwise which companies shall be approved by reasonably satisfactory to Landlord. Without limiting the foregoing, such All policies of insurance required under this Article 9 shall include no deductible (unless consistent with deductibles included in policies carried by entities engaged in similar businesses excess of $250,000 and owning similar properties similarly situated or agreed to in advance by Landlord) and, with the exception of the insurance described in Section 9.1(f), shall name Landlord and any Facility Mortgagee as additional insureds, as their interests may appear. All losses Losses shall be payable to Landlord, any Facility Mortgagee Landlord or Tenant as provided in Article 10. Any loss adjustment in excess of $50,000 shall require the written consent of Landlord, Tenant, Tenant and each Facility Mortgagee. Evidence of insurance shall be deposited with Landlord and, if requested, any Facility Mortgagee. If any provisions of any Facility Mortgage requires deposits of premiums for insurance to be made with such Facility Mortgagee, provided that the Facility Mortgagee has not elected to waive such provision, Tenant shall either pay Landlord monthly the amounts required and Landlord shall transfer such amounts to such Facility Mortgagee, or, pursuant to written direction by Landlord, Tenant shall make such deposits directly with such Facility Mortgagee. Tenant shall pay all insurance premiums, and deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, thirty ten (3010) days prior to the expiration of the existing policy), and in the event Tenant shall fail either to effect such insurance as herein required, to pay the premiums therefor, therefor or to deliver such policies or certificates to Landlord or any Facility Mortgagee at the times required, required Landlord shall have the right, but not the obligation, 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 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 materially alter on, expiration or cancellation of such policy or any modification thereof the effect of which is to reduce the amount of insurance maintained or otherwise fail to effect the insurance required by this Article 9policy.

Appears in 1 contract

Samples: 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 contain such provisions and expiration dates and be in such form and amounts and issued by insurance carriers authorized to do business in the StateState in which the applicable Leased Property is located, having a general policy holder's rating of A or A+ in Best's latest rating guide, guide and as otherwise shall be approved by Landlord. Without limiting the foregoing, such policies shall include no deductible (unless consistent with deductibles included in policies carried by entities engaged in similar businesses and owning similar properties similarly situated or agreed to in advance by Landlord) and, with the exception of the insurance described in Section 9.1(f), and shall name Landlord and any Facility Mortgagee as additional insuredsinsured, as their interests may appear. All losses shall be payable to Landlord, any Facility Mortgagee or Tenant as provided in Article 10. Any loss adjustment in excess of $50,000 50,000.00 shall require the written consent of Landlord, Tenant, and each Facility Mortgagee. Tenant shall pay all insurance premiums, and deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, thirty ten (3010) days prior to the expiration of the existing policy), and in the event Tenant shall fail either to effect such insurance as herein required, to pay the premiums therefor, or to deliver such policies or certificates to Landlord or any Facility Mortgagee at the times required, Landlord shall have the right, but not the obligation, to acquire effect 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 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 modification, expiration or cancellation of such policy or any modification thereof the effect of which is to reduce the amount of insurance maintained or otherwise fail to effect the insurance required by this Article 9policy.

Appears in 1 contract

Samples: Master Lease Agreement (Senior Housing 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 written in a form reasonably satisfactory to Landlord and contain such provisions and expiration dates and be in such form and amounts and issued by insurance carriers companies authorized to do business in the State, having a general policy holder's rating of A or A+ in Best's latest rating guideinsurance, and as otherwise which companies shall be approved by reasonably satisfactory to Landlord. Without limiting the foregoing, such All policies of insurance required under this Article 9 shall include no deductible (unless consistent with deductibles included in policies carried by entities engaged in similar businesses excess of $250,000 and owning similar properties similarly situated or agreed to in advance by Landlord) and, with the exception of the insurance described in Section 9.1(f), shall name Landlord and any Facility Mortgagee as additional insureds, as their interests may appear. All losses Losses shall be payable to Landlord, any Facility Mortgagee Landlord or Tenant as provided in Article 10. Any loss adjustment in excess of $50,000 shall require the written consent of Landlord, Tenant, Tenant and each Facility Mortgagee. Evidence of insurance shall be deposited with Landlord and, if requested, any Facility Mortgagee. If any provisions of any Facility Mortgage requires deposits of premiums for insurance to be made with such Facility Mortgagee, provided that the Facility Mortgagee has not elected to waive such provision, Tenant shall either pay Landlord monthly the amounts required and Landlord shall transfer such amounts to such Facility Mortgagee, or, pursuant to written direction by Landlord, Tenant shall make such deposits directly with such Facility Mortgagee. Tenant shall pay all insurance premiums, and deliver policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, thirty ten (3010) days prior to the expiration of the existing policy), and in the event Tenant shall fail either to effect such insurance as herein required, to pay the premiums therefor, therefor or to deliver such policies or certificates to Landlord or any Facility Mortgagee at the times required, required Landlord shall have the right, but not the obligation, 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 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 materially alter on, expiration or cancellation of such policy or any modification thereof the effect of which is to reduce the amount of insurance maintained or otherwise fail to effect the insurance required by this Article 9policy.

Appears in 1 contract

Samples: Lease Agreement (Senior Housing Properties Trust)

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Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable and contain such provisions and expiration dates and be in such form and amounts nonassessable, and issued by reputable insurance carriers companies authorized to do business in the State, State and having a general policy holder's rating of no less than A or A+ in Best's latest rating guide. All property, business interruption, liability and as otherwise shall be approved by Landlord. Without limiting the foregoing, such flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars (unless consistent with deductibles included in policies carried by entities engaged in similar businesses $500,000). At all times, all property, business interruption, liability and owning similar properties similarly situated or agreed to in advance by Landlord) andflood insurance policies, with the exception of the worker's compensation insurance described in Section 9.1(f)coverage, shall name Landlord and any Facility Property Mortgagee as additional insureds, as their interests may appear. All losses loss adjustments shall be payable to Landlord, any Facility Mortgagee or Tenant as provided in Article 10. Any loss adjustment in excess of $50,000 , except that losses under liability and worker's compensation insurance policies shall require be payable directly to the written consent of Landlord, Tenant, and each Facility Mortgageeparty entitled thereto. Tenant shall pay cause all insurance premiums, premiums to be paid and shall deliver (or cause to be delivered) 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 in any Property 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 either to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor, therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Facility Property Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, 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. All such policies shall provide Landlord (and any Facility Mortgagee, if required by the same) thirty (30) days' prior written notice of any expiration or cancellation of such policy or any modification thereof the effect of which is to reduce the amount of insurance maintained or otherwise fail to effect the insurance required by this Article 9.

Appears in 1 contract

Samples: Lease Agreement (Service Properties Trust)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable and 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 A or A+ f 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 otherwise shall be approved by Landlord. Without limiting the foregoing, such policies shall include no deductible (unless consistent with only deductibles included in policies carried reasonably approved by entities engaged in similar businesses Landlord and owning similar properties similarly situated or agreed to in advance by Landlord) and, with the exception of the insurance described in Section 9.1(f), shall name Landlord and any Facility Mortgagee as additional insureds, as their interests may appear. All losses shall be payable to Landlord, any Facility Mortgagee Landlord or Tenant as provided in Article 10. Any loss adjustment in excess of $50,000 shall require the prior written consent of Landlord, Landlord and Tenant, and each Facility Mortgagee. Tenant shall pay all insurance premiums, premiums and 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), and and, in the event Tenant shall fail either to effect such insurance as herein required, to pay the premiums therefor, therefor or to deliver such policies or certificates to Landlord or any Facility Mortgagee at the times required, Landlord shall have the right, but not the obligation, 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 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 material modification, expiration or cancellation of such policy. Tenant may satisfy its insurance obligations through the use of (i) a risk retention group or purchasing group or captive insurance company with a capital structure reasonably approved by Landlord or (ii) a self insurance program with retention limits reasonably approved by Landlord and an excess policy or any modification thereof policies provided by an insurer meeting the effect requirements of which is to reduce the amount of insurance maintained or otherwise fail to effect the insurance required by this Article 9Agreement.

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 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 A or A+ in Best's latest rating guide, and as otherwise shall be approved by Landlord. Without limiting the foregoing, such policies shall include no deductible in excess of $5,000 (unless consistent with deductibles included in policies carried by entities engaged in similar businesses and owning similar properties similarly situated or and agreed to in advance by Landlord) and, with the exception of the insurance described in Section 9.1(f), shall name Landlord and any Facility Mortgagee as additional insureds, as their interests may appear. All losses shall be payable to Landlord, any Facility Mortgagee or and Tenant as provided in Article 10. Any loss adjustment in excess of $50,000 shall require the prior written consent of Landlord, Tenant, and each Facility Mortgagee. Tenant shall pay all insurance premiums, and 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), and in the event Tenant shall fail either to effect such insurance as herein required, to pay the premiums therefor, or to deliver such policies or certificates to Landlord or any Facility Mortgagee at the times required, Landlord shall have the right, but not the obligation, 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 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 modification, expiration or cancellation of such policy or any modification thereof the effect of which is to reduce the amount of insurance maintained or otherwise fail to effect the insurance required by this Article 9policy.

Appears in 1 contract

Samples: Master Lease Agreement (Senior Housing Properties Trust)

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