Common use of Insurance and Waiver of Claims Clause in Contracts

Insurance and Waiver of Claims. Without limiting the generality of the terms of Section 4.1 above, Sub-Subtenant shall obtain and keep in full force and effect at all times during the Sub-Sublease Term all of the liability and property insurance coverages required to be maintained by “Tenant” under the Master Lease with regard to the Sub-Sublease Premises. Notwithstanding anything to the contrary contained herein and for the avoidance of doubt, Sub-Subtenant shall only obtain liability and property insurance coverages for the portion of the Sub-Sublease Premises Sub-Subtenant is occupying. Sub-Sublandlord shall obtain and keep in full force and effect at all times during the Sub-Sublease Term, as applicable, all of the liability and property insurance coverages required to be maintained by Sub-Sublandlord under the Master Lease and the Master Sublease and Sub-Subtenant shall not be liable for any losses or damages arising out of an Existing Subtenant’s default under the applicable Existing Sublease. Where the Master Lease requires that Master Landlord be named as an additional insured on the policies required thereunder, Sub-Subtenant shall name Sub-Sublandlord, Chinook, and Master Landlord as additional insureds under such policies. Notwithstanding anything to the contrary contained herein, Sub-Sublandlord and Sub-Subtenant hereby waive and release, all claims against each other, and against the agents, employees and contractors of each other, for any loss or damage sustained by each other to the extent such claims are insured against under any standard broad form property policy, or other property policies maintained by Sub-Sublandlord or Sub-Subtenant, or required to be maintained by Sub-Sublandlord or Sub-Subtenant under this Sub-Sublease, or which would normally be covered by all-risk property insurance, regardless of whether such policy is in effect at the time of the loss and without regard to the negligence or willful misconduct of the entity so released. Sub-Subtenant’s insurers hereby waive and release Master Landlord, Chinook, and Sub-Sublandlord from and against any and all claims, damages, losses, and liabilities for any bodily injury, loss of life or property damage occurring on or about the Sub-Sublease Premises, or any part thereof, from any cause whatsoever, other than the gross negligence of Sub-Sublandlord, Chinook, or Master Landlord, which shall remain the sole responsibility of the party that acts with gross negligence, or whose omissions shall constitute gross negligence. Sub-Subtenant shall cause its property insurance policy to contain a waiver of subrogation clause as required by the Master Lease as incorporated herein.

Insurance and Waiver of Claims. Without limiting the generality of the terms of Section 4.1 above, Sub-Subtenant shall obtain and keep in full force and effect at all times during the Sub-Sublease Term all of the liability and property insurance coverages required to be maintained by “Tenant” Sublandlord under the Master Lease with regard to the Sub-Sublease PremisesLease. Notwithstanding anything to the contrary contained herein and for the avoidance of doubt, Sub-Subtenant shall only obtain liability and property insurance coverages for the portion of the Sub-Sublease Premises Sub-Subtenant is occupying. Sub-Sublandlord shall obtain and keep in full force and effect at all times during the Sub-Sublease Term, as applicable, all of the liability and property insurance coverages required to be maintained by Sub-Sublandlord under the Master Lease for the portion of the Sublease Premises not occupied by Subtenant and the Master Sublease and Sub-Subtenant shall not be liable for any losses or damages arising out of an Existing Subtenant’s default under the applicable Existing Sublease. Where For purposes of clarification, where the Master Lease requires that Master Landlord be named as an additional insured on the policies required thereunder, Sub-Subtenant shall name Sub-Sublandlord, Chinook, both Sublandlord and Master Landlord as additional insureds under such policies. Notwithstanding anything to the contrary contained herein, Sub-Sublandlord Sublandlord’s and Sub-Subtenant Subtenant’s respective insurers hereby waive and release, all claims against each other, and against the agents, employees and contractors of each other, for any loss or damage sustained by each other to the extent such claims are insured against under any standard broad form property policy, or other property policies maintained by Sub-Sublandlord or Sub-Subtenant, or required to be maintained by Sub-Sublandlord or Sub-Subtenant under this Sub-Sublease, or which would normally be covered by all-risk property insurance, regardless of whether such policy is in effect at the time of the loss and without regard to the negligence or willful misconduct of the entity so releasedloss. Sub-Subtenant’s insurers hereby waive and release Master Landlord, Chinook, Landlord and Sub-Sublandlord from and against any and all claims, damages, losses, and liabilities for any bodily injury, loss of life or property damage occurring on or about the Sub-Sublease Premises, or any part thereof, from any cause whatsoever, other than the gross negligence of Sub-Sublandlord, Chinook, Sublandlord or Master Landlord, which shall remain the sole responsibility of the party that acts with gross negligence, or whose omissions shall constitute gross negligence. Sub-Subtenant shall cause its property insurance policy to contain a waiver of subrogation clause as required by the Master Lease as incorporated hereinLease.

Insurance and Waiver of Claims. Without limiting the generality of the terms of Section 4.1 above, Sub-Subtenant Sublessee shall obtain and keep in full force and effect at all times during the Sub-Sublease Term all of the liability and property insurance coverages required to be maintained by “Tenant” Sublessor under the Master Lease with regard to the Sub-Sublease Premises and casualty insurance coverage on the Furnishings and on all of its trade fixtures, supplies, inventory, equipment and personal property located in the Premises. Notwithstanding anything Sublessee shall cause Sublessor and Landlord to the contrary contained herein and for the avoidance of doubt, Sub-Subtenant shall only obtain be named as additional insureds on all such policies pertaining to liability and property insurance coverages for the portion of the Sub-Sublease Premises Sub-Subtenant is occupying. Sub-Sublandlord shall obtain and keep in full force and effect at all times during the Sub-Sublease Term, as applicable, all of the liability and property insurance coverages coverage required to be maintained by Sub-Sublandlord Sublessor under the Master Lease and terms of the Master Sublease and Sub-Subtenant Lease. Sublessee shall not be liable for any losses or damages arising out of an Existing Subtenant’s default under the applicable Existing Sublease. Where the Master Lease requires that Master Landlord cause Sublessor to be named as an additional insured on the policies required thereunder, Sub-Subtenant shall name Sub-Sublandlord, Chinook, and Master Landlord as additional insureds under such policies. Notwithstanding anything casualty insurance coverage with respect to the contrary contained herein, Sub-Sublandlord and Sub-Subtenant hereby waive and release, all claims against each other, and against the agents, employees and contractors of each other, for Furnishings Notwithstanding any loss or damage sustained by each other to the extent such claims are insured against under any standard broad form property policy, or other property policies maintained by Sub-Sublandlord or Sub-Subtenant, or required to be maintained by Sub-Sublandlord or Sub-Subtenant under this Sub-Sublease, or which would normally be covered by all-risk property insurance, regardless of whether such policy is in effect at the time of the loss foregoing, Sublessee shall have no right to selfinsure. Sublessee hereby waives and without regard to the negligence or willful misconduct of the entity so released. Sub-Subtenant’s insurers hereby waive releases Landlord and release Master Landlord, Chinook, and Sub-Sublandlord Sublessor from and against any and all claims, damages, losses, losses and liabilities for any bodily injury, loss of life or property damage occurring on or about the Sub-Sublease Premises, Premises or any part thereof, from any cause whatsoeverwhatsoever including, other than without limitation, the gross negligence of Sub-SublandlordSublessor or the Landlord or any of their respective agents, Chinookemployees, contractors or guests, or Master Landlordthe negligence of any other party leasing, which shall remain the sole responsibility occupying or otherwise using any part of the party that acts with gross negligenceBuilding. Sublessee shall indemnify and hold Sublessor harmless from and against any and all claims asserted against Sublessor or the Landlord arising from any such damages, injuries or whose omissions shall constitute gross negligencelosses incurred by Sublessee or any of its agents, employees, contractors, guests or other parties upon the Premises. Sub-Subtenant Sublessee shall cause its property all policies of insurance policy maintained by Sublessee hereunder to contain a waiver of subrogation clause provisions in favor of Sublessor and the Landlord, and shall cause Sublessor and Landlord to be named as required by the Master Lease as incorporated hereinadditional insureds on all such policies.

Insurance and Waiver of Claims. Without limiting the generality of the terms of Section 4.1 above, Sub-Subtenant Sublessee shall obtain and keep in full force and effect at all times during the Sub-Sublease Term all of the liability and property insurance coverages required to be maintained by “Tenant” Sublessor under the Master Lease with regard to the Sub-Sublease Premises and casualty insurance coverage on the Furnishings and on all of its trade fixtures, supplies, inventory, equipment, and personal property located in the Premises. Notwithstanding anything to the contrary contained herein and for the avoidance of doubtIn addition, Sub-Subtenant shall only obtain liability and property insurance coverages for the portion of the Sub-Sublease Premises Sub-Subtenant is occupying. Sub-Sublandlord Sublessee shall obtain and keep in full force and effect at casualty insurance coverage on any and all times during of Sublessee's trade fixtures, supplies, inventory, equipment or personal property, if any, which Sublessee or Sublessee's agents may place in the Sub-Sublease TermPremises prior to the Commencement Date and, as applicableif Sublessee occupies the Premises prior to the Commencement Date pursuant to Section 4.3, all of the other liability and property insurance coverages required to be maintained by Sub-Sublandlord Sublessor under the Master Lease and the Master Sublease and Sub-Subtenant shall not be liable for any losses or damages arising out of an Existing Subtenant’s default under the applicable Existing Sublease. Where the Master Lease requires that Master Landlord be named as an additional insured on the policies required thereunder, Sub-Subtenant shall name Sub-Sublandlord, Chinook, and Master Landlord as additional insureds under such policies. Notwithstanding anything to the contrary contained herein, Sub-Sublandlord and Sub-Subtenant hereby waive and release, all claims against each other, and against the agents, employees and contractors of each other, for any loss or damage sustained by each other to the extent such claims are insured against under any standard broad form property policy, or other property policies maintained by Sub-Sublandlord or Sub-Subtenant, or required to be maintained by Sub-Sublandlord or Sub-Subtenant under this Sub-Sublease, or which would normally be covered by all-risk property insurance, regardless of whether such policy is in effect at the time of the loss and without with regard to the negligence or willful misconduct of the entity so releasedPremises. Sub-Subtenant’s insurers Sublessee hereby waive waives and release Master Landlord, Chinook, releases Landlord and Sub-Sublandlord Sublessor from and against any and all claims, damages, losses, and liabilities for any bodily injury, loss of life life, or property damage (i) occurring in, on or about the Sub-Sublease Premises, or any part thereof, by or from any cause whatsoever, other than whether or not such bodily injury, loss of life, or property damage may be caused in part by the gross passive negligence or fault of Landlord or Sublessor, or any of their respective agents, employees, contractors, or guests, or the negligence of Sub-Sublandlordany other party leasing, Chinookoccupying, or Master Landlordotherwise using any part of the Building and excepting in all cases any such bodily injury, which shall remain loss of life, or property damage to the extent caused by the sole responsibility or active negligence or willful misconduct of Landlord or Sublessor or any of their respective agents, employees, contractors, or guests, or (ii) occurring in, on or about the Improved Area by reason of any act or omission or any active, passive or concurrent negligence or fault of Sublessee. Sublessee shall indemnify, protect and hold Sublessor harmless from and against any and all claims asserted against Sublessor or Landlord arising from any injuries, losses, or damages incurred by Sublessee or any of its agents, employees, contractors, guests, or other parties upon the Premises whatsoever (i) occurring in, on or about the Premises, or any part thereof, by or from any cause whatsoever, whether or not such bodily injury, loss of life, or property damage may be caused in part by the passive negligence or fault of Landlord or Sublessor, or any of their respective agents, employees, contractors, or guests, or the negligence of any other party leasing, occupying, or otherwise using any part of the party that acts with gross negligenceBuilding, and excepting in all cases any such bodily injury, loss of life, or whose omissions shall constitute gross negligenceproperty damage to the extent caused by the sole or active negligence or willful misconduct of Landlord or Sublessor or any of their employees, agents or contractors, or (ii) occurring in, on or about the Improved Area by reason of any act or omission or any active, passive or concurrent negligence or fault of Sublessee. Sub-Subtenant Sublessee shall cause its property all policies of insurance policy maintained by Sublessee hereunder to contain a waiver of subrogation clause as required by the Master Lease as incorporated hereinprovisions in favor of Sublessor and Landlord.

Insurance and Waiver of Claims. Without (a) Landlord shall keep the Building insured for the benefit of Landlord in an amount equivalent to the full replacement value thereof (excluding foundation, grading and excavation costs) against: (i) loss or damage by fire and all risk perils, including theft; (ii) such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Building, including, but without limiting the generality of the terms of Section 4.1 aboveforegoing, Sub-Subtenant shall obtain windstorms, hail, explosion, vandalism, malicious mischief, civil commotion, and keep such other coverage as may be deemed necessary by Landlord, providing such additional coverage is obtainable and providing such additional coverage is such as is customarily carried with respect to buildings and improvements similar in full force construction, general location, use, occupancy and effect at all times during the Sub-Sublease Term all of the liability and property insurance coverages required to be maintained by “Tenant” under the Master Lease with regard design to the Sub-Sublease PremisesBuilding. Notwithstanding anything to the contrary contained herein and In addition, Landlord shall maintain, for the avoidance of doubt, Sub-Subtenant shall only obtain liability and property insurance coverages for the portion of the Sub-Sublease Premises Sub-Subtenant is occupying. Sub-Sublandlord shall obtain and keep in full force and effect at all times during the Sub-Sublease Term, as applicable, all of the liability and property insurance coverages required to be maintained by Sub-Sublandlord under the Master Lease its benefit and the Master Sublease benefit of its agents and Sub-Subtenant shall not be liable employees, general public liability insurance to afford protection to Landlord and Landlord's agent and employees against claims for any losses or damages arising out of an Existing Subtenant’s default under the applicable Existing Sublease. Where the Master Lease requires that Master Landlord be named as an additional insured on the policies required thereunder, Sub-Subtenant shall name Sub-Sublandlord, Chinook, and Master Landlord as additional insureds under such policies. Notwithstanding anything to the contrary contained herein, Sub-Sublandlord and Sub-Subtenant hereby waive and release, all claims against each other, and against the agents, employees and contractors of each other, for any loss or damage sustained by each other to the extent such claims are insured against under any standard broad form property policy, or other property policies maintained by Sub-Sublandlord or Sub-Subtenant, or required to be maintained by Sub-Sublandlord or Sub-Subtenant under this Sub-Sublease, or which would normally be covered by all-risk property insurance, regardless of whether such policy is in effect at the time of the loss and without regard to the negligence or willful misconduct of the entity so released. Sub-Subtenant’s insurers hereby waive and release Master Landlord, Chinook, and Sub-Sublandlord from and against any and all claims, damages, losses, and liabilities for any bodily personal injury, loss of life death or property damage occurring on upon, in or about the Sub-Sublease Premises, or any part thereof, from any cause whatsoever, other than the gross negligence of Sub-Sublandlord, Chinook, or Master Landlord, which Building. Insurance premiums paid for all such coverage shall remain the sole responsibility be a portion of the party Expenses described in Section 5 hereof. These insurance provisions shall in no way limit or modify any of the obligations of Tenant under any provision of this Lease. Landlord agrees that acts with gross negligence, such policy or whose omissions policies of insurance shall constitute gross negligence. Sub-Subtenant shall cause its property insurance policy to contain a waiver of subrogation clause as required to Tenant and Tenant's agents and employees. Landlord hereby waives, releases and discharges Tenant, Tenant's agents and employees, from all claims or demands whatsoever which Landlord may have or acquire arising out of damage to or destruction of the Building or Landlord's business therein occasioned by fire or other cause which such claim or demand may arise because of the negligence or fault of Tenant, its agents, employees, customers or business invitees, or otherwise to the extent such damage or destruction is covered by insurance. Landlord agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing, Tenant shall be obligated to pay the rental called for hereunder in the event of damage to or destruction of the Premises or the Building, if such damage or destruction is occasioned by the Master negligence or fault of Tenant, its agents or employees. (b) Tenant shall keep all of its machinery, equipment, furniture, fixtures, personal property (including also property under the care, custody, or control of Tenant) and business interests which may be located in, upon, or about the Premises insured against, for the benefit of Tenant in an amount equivalent to the full replacement value or insurable value thereof: (i) loss or damage by fire and all risk perils, including theft; and (ii) such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered with respect to Tenant's machinery, equipment, furniture, fixtures, personal property (including but not limited to Tenant's improvements to the Premises) and business located in a building, similar in construction, general location, use, occupancy and design to the Building, including, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies of insurance shall contain a waiver of subrogation clause as to Landlord, Landlord's agent and their respective employees and Tenant waives, releases and discharges Landlord, Landlord's agent and their employees from all claims or demands whatsoever which Tenant may have or acquire arising out of damage to or destruction of the machinery, equipment, furniture, fixtures, personal property and business of Tenant occasioned by fire or other cause, whether such claim or demand may arise be- cause of the negligence or fault of Landlord, or Landlord's agent or employees, subcontractors or otherwise, and Tenant agrees to look to the insurance coverage only in the event of such loss. Tenant shall, at Tenant's sole cost and expense, for the benefit of Landlord, Landlord's agent and Tenant, maintain comprehensive general liability insurance, with broad liability endorsement coverage, against claims for personal injury, death or property damage occurring upon, in or about the Premises, such insurance to afford protection to Landlord, its managing agent and Tenant to the limit of not less than 1,000,000 per occurrence, 3,000,000 aggregate, combined single limit bodily injury and property damage. Such policies of insurance shall be written by companies reasonably satisfactory to Landlord, naming Landlord and its agents and employees as additional insureds thereunder, and such policies, or a memorandum or certificate of such insurance, shall, prior to Tenant taking possession of the Premises, be delivered to Landlord endorsed "Premium Paid" by the company or agency issuing the same or accompanied by other evidence satisfactory to Landlord that the premium thereon has been paid. At such time as insurance limits required of tenants in office buildings in the Chicago Metropolitan area are generally increased to greater amounts, Landlord shall have the right to require such greater limits as may then be customary. Tenant agrees to include in such policy the contractual liability coverage insuring Tenant's indemnification obligations provided for herein. Any such coverage shall be deemed primary to any liability coverage secured by Landlord. Tenant agrees to indemnify and save Landlord, Landlord's agent and their employees harmless against and from any and all claims by or on behalf of any person or persons, firm or firms, corporation or corporations, arising from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed, pursuant to the terms of this Lease, or arising from any act or negligence on the part of Tenant or its agents, contractors, servants, employees or licensees, arising from any accident, injury or damage to the extent caused by Tenant, its agents, and employees to any person, firm or corporation occurring during the term of this Lease or any renewal thereof, in or about the Premises and Building, and from and against all costs, reasonable counsel fees, expenses and liabilities incurred in connection with any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord, its agents and employees by reason of any such claim, Tenant, upon notice from Landlord, covenants to resist or defend such action or proceeding by counsel reasonably satisfactory to Landlord. Tenant agrees, to the extent not expressly prohibited by law, that Landlord, its agents and employees shall not be liable, and Tenant waives all claims for damage to property and business sustained during the term of this Lease by Tenant occurring in or about the Premises, resulting directly or indirectly from any existing or future condition, defect, matter or thing in the Premises, the Building, or any part thereof, or from equipment or appurtenances becoming out of repair or from accident, or from any occurrence of act or omission of Landlord, its agents or employees, or any tenant or occupant of the Building or any other person. This paragraph shall apply especially, but not exclusively, to damage caused as incorporated hereinaforesaid or by the flooding of basements or other subsurface areas, or by refrigerators, sprinkling devices, air conditioning apparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures, and shall apply equally, whether any such damage results from the act or omission of other tenants or occupants in the Building or any other persons, and whether such damage be caused by or result from any of the aforesaid, or shall be caused by or result from other circumstances of a similar or dissimilar nature.