Common use of Insurance Coverages Clause in Contracts

Insurance Coverages. Supplier shall procure and maintain in full force and effect throughout the term of this Agreement insurance coverages of the following types and amounts and with insurance companies rated not less than A- by A.M. Best, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7): (a) Property (cargo) damage coverage on an “all risk” basis in an amount sufficient to cover the market value or potential full replacement cost of all Crude Oil (including, but not limited to Crude Oil cargoes and Crude Oil in transit in pipelines) to be delivered to Coffeyville at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier will maintain the highest insurance limit available at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville (and, in any event prior to the transportation of any Crude Oil that would not be fully insured) of Supplier’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude Oil. (b) Comprehensive or commercial general liability coverage and umbrella or excess liability coverage, which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum amount of $300,000,000 per occurrence and $500,000,000 in the aggregate.

Appears in 3 contracts

Sources: Crude Oil Supply Agreement (CVR Energy Inc), Crude Oil Supply Agreement (CVR Energy Inc), Crude Oil Supply Agreement (CVR Energy Inc)

Insurance Coverages. Supplier (a) Landlord shall procure obtain beginning on the Commencement Date and shall maintain in full force and effect throughout the term Lease Term, as an Operating Expense, the following insurance coverages: (i) A policy of this Agreement commercial general liability insurance coverages (including "Insurance Service Office" (ISO) forms and endorsements or their equivalent) to insure against injury to property, person or loss of life arising out of the following types and amounts and ownership, use, occupancy or maintenance of the Project with insurance companies rated limits of general liability not less than A- by A.M. Best$10,000,000 for death and/or bodily injury, or otherwise reasonably satisfactory to Coffeyville personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in respect an ISO liability policy under the definition of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7):insured contract. (aii) Property (cargo) damage coverage A policy providing commercial property insurance on an “all risk” basis in an amount sufficient to cover the market value or potential entire Project for the full replacement cost of all Crude Oil (includingthe Project. An "Agreed Amount Clause" waiving the coinsurance clause must be included, but not limited as well as flood and earthquake coverage, to Crude Oil cargoes and Crude Oil in transit in pipelines) the extent available, at limits equal to be delivered to Coffeyville the maximum foreseeable loss at the Delivery Pointlocation of the Premises. In Coverage must also include an "Ordinances or Law Regulations" insuring agreement governing the event that construction, use or repair of property. Such coverage must include the market value or potential full replacement expense of tearing down any property, including the cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier will maintain the highest insurance limit available at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville (and, in any event prior to the transportation removing its debris. Increased cost of any Crude Oil that would not construction coverage must also be fully insured) of Supplier’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude Oilincluded. (b) Comprehensive or Tenant shall obtain, at Tenant's expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (i) A policy of commercial general liability coverage insurance (including "Insurance Service Office" (ISO) forms and umbrella endorsements or excess their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Premises with limits of general liability coverage, which includes not less than $ 10,000,000 for death and/or bodily injury, broad form personal injury, advertising injury and property damage damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (ii) A policy providing commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements comprising the Premises, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability personal property. Such policy shall provide coverage in an amount not less than the full replacement cost of the Improvements comprising the Premises. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as flood and earthquake coverage, to the extent available, at limits equal to the maximum foreseeable loss at the location of the Premises. Coverage must also include an "Ordinances or Law Regulations" insuring agreement governing the construction, use or repair of property. Such coverage must include the expense of tearing down any property, including the cost of removing its debris. Increased cost of construction coverage must also be included. (iii) A policy of workers' compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be: Bodily Injury By Accident - $1,000,000 Each Accident Bodily Injury By Disease - $1,000,000 Policy Limit Bodily Injury By Disease - $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (iv) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Premises creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a minimum amount waiver of $300,000,000 per occurrence any right Landlord may have to demand the removal or cessation of such activity or operation. (v) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and $500,000,000 in the aggregateany other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and other business income. Such policy must include an endorsement providing an extended period of indemnity for 180 days. (vi) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant.

Appears in 3 contracts

Sources: Lease Agreement (Firepond Inc), Lease Agreement (Firepond Inc), Lease Agreement (Firepond Inc)

Insurance Coverages. Supplier Tenant shall procure obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain in full force and effect throughout through the term of this Agreement insurance coverages of Lease Term, the following types and amounts and with insurance companies rated not less than A- by A.M. Best, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7):coverages: (a) Property A policy of commercial general liability insurance (cargoincluding Insurance Service Office (ISO) damage coverage on forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an “all risk” basis additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an amount sufficient to cover ISO liability policy under the market value or potential full replacement cost definition of all Crude Oil (including, but not limited to Crude Oil cargoes and Crude Oil in transit in pipelines) to be delivered to Coffeyville at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier will maintain the highest insurance limit available at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville (and, in any event prior to the transportation of any Crude Oil that would not be fully insured) of Supplier’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude Oilinsured contract. (b) Comprehensive A policy providing commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" or commercial general its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall provide coverage in an amount not less than the full replacement cost of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coverage. (c) A policy of workers' compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (d) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary and an excess policy. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and umbrella other business income. (g) All other insurance, if any, customarily maintained by businesses of like type, or excess required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, which includes bodily injuryautomobile and garagekeepers liability coverage, broad form property damage service interruption coverage, food spoilage coverage and contractual liabilitycoverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as the Project, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum provided that the amount of $300,000,000 per occurrence insurance thereunder allocated to the Project is not less than that required herein, and $500,000,000 the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the aggregateCommencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance company.

Appears in 3 contracts

Sources: Lease Agreement (Amerihost Properties Inc), Purchase and Sale Agreement (PMC Commercial Trust /Tx), Purchase and Sale Agreement (Amerihost Properties Inc)

Insurance Coverages. Supplier The Company shall procure and maintain in full force and effect throughout the term Term of this Agreement insurance coverages of the following types and amounts and with insurance companies rated not less than A- A-VII by A.M. BestBest Company, or otherwise reasonably satisfactory acceptable to Coffeyville Aron, in respect of Supplierthe Company’s purchase receipt, handling and storage of Crude Oil cargoes Oil, Products, Aron’s Property or any Collateral in connection with the Transaction Documents or the receipt, handling or storage of Crude Oil, Products, Aron’s Property or any Collateral under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7):required storage, transportation arrangement or any other Transaction Documents: (a) Property (cargo) insurance for property damage including business interruption coverage on an “all risk” basis without co-insurance, including but not limited to flood, earthquake, windstorm, and tsunami, covering damage to the Refinery and Storage Facilities on a repair or replacement cost basis in an amount sufficient to repair major components of such facilities as reasonably determined pursuant to an engineering report prepared by an expert recognized by underwriters for such purpose or loss limits reasonably acceptable to Aron; provided that: (i) business interruption and extra expense coverage shall include an at least twelve (12) months indemnity period and shall be in an amount equal to the projected net income plus costs that would reasonably be expected to continue from the Refinery and Storage Facilities based upon the Company’s reasonable estimate thereof and Aron shall be named as loss payee or lender loss payee under such policy via customary endorsements acceptable to Aron; and (ii) stock throughput insurance on an “all risk” basis without co-insurance, including but not limited to flood, earthquake, windstorm, tsunami, theft and burglary. Such insurance shall cover the physical damage or loss of the Crude Oil, Products, Aron’s Property and all Collateral (including all of the foregoing that are stored at Included Locations) for the full market value or potential full replacement cost value with respect to the Crude Oil, Products, Aron’s Property and all Collateral, whichever value is greater. (b) Commercial general liability coverage which includes bodily injury, broad form property damage and contractual liability, cross suit liability, products and completed operations liability, sudden and accidental pollution liability (excluding events that result in acidic deposition), liability arising out of wharfinger, terminal operator and/or stevedoring operations and loss, and contamination or degradation of all Crude Oil and Products with coverage in a minimum amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, which coverage may be self-insured by the Company. (includingc) (i) Workers compensation in the amount required by Applicable Law, but and (ii) employer’s liability with a minimum amount of $1,000,000 per accident, $1,000,000 per disease, and $1,000,000 aggregate. (d) Commercial automobile liability insurance in a minimum amount of $1,000,000 per accident. (e) Umbrella/excess liability coverage providing coverage on a follow-form basis with respect the coverage required under Sections 16.1(b) (not limited including contamination or degradation of Aron’s Property), (c)(ii) and (d) in a minimum amount of $450,000,000 per occurrence and in the aggregate; provided that, to Crude Oil cargoes and Crude Oil in transit in pipelines) to be delivered to Coffeyville at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) extent such limit exceeds the insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier the Company will maintain the highest insurance limit available at commercially reasonable rates; provided, provided further however, that Supplier the Company will promptly notify Coffeyville (and, in any event prior to Aron of the transportation of any Crude Oil that would not be fully insured) of SupplierCompany’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide maintain such property damage coverage for the Crude Oillimit of coverage. (bf) Comprehensive or commercial general liability coverage and umbrella or excess liability coverage, which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” Pollution legal liability coverage in a minimum amount of $300,000,000 100,000,000 per occurrence and in the aggregate for sudden and accidental pollution liability, gradual pollution liability, injury to persons or damage to property resulting from any release, spillage, leak or discharge of Product from the Refinery Facilities and Included Locations and /or the Terminal into the ambient, air, surface water, groundwater, land surface or subsurface strata. Such insurance shall include coverage for clean-up and remediation expenses that is not subject to sub-limits. (g) Charterer’s liability insurance (if applicable) in a minimum amount of $500,000,000 50,000,000 per occurrence and in the aggregate.

Appears in 2 contracts

Sources: Supply and Offtake Agreement (Par Pacific Holdings, Inc.), Supply and Offtake Agreement (Par Pacific Holdings, Inc.)

Insurance Coverages. Supplier 15.1 Landlord shall procure and maintain in full force and effect throughout the term of this Agreement insurance coverages lease a policy or policies of insurance, at its sole cost and expense (but subject to Article 6 above), causing the following types and amounts and with insurance companies rated not less than A- by A.M. Best, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7): (a) Property (cargo) damage coverage on an “all risk” basis in an amount sufficient to cover the market value or potential full replacement cost of all Crude Oil (including, but not limited to Crude Oil cargoes and Crude Oil in transit in pipelines) Industrial Complex to be delivered to Coffeyville at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil insured under standard fire and extended coverage insurance (Crude Oil cargoes excluding hurricane and Crude Oil in transit in pipelines) exceeds the storm insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier will maintain the highest insurance limit available unless readily obtainable at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville ) and liability insurance (andplus whatever endorsements or special coverages Landlord, in its sole discretion, may consider appropriate), to the extent necessary to comply with Landlord's obligations pursuant to other provisions of this lease. 15.2 Tenant shall procure and maintain throughout the term of this lease, at its sole cost and expense, the following insurance: (i) Comprehensive General Liability Insurance providing coverage for bodily injury (including death), property damage and products liability insurance (where such exposure exists). This policy shall contain a broad form contractual liability endorsement under which the insurer agrees to insure Tenant's obligations under Article 21 hereof. Such insurance shall have a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence, or such greater amount as Landlord may from time to time require; (ii) Fire and extended coverage insurance covering Tenant's personal property, fixtures, improvements, wall coverings, floor coverings, window coverings, alterations, furniture, equipment, lighting, ceilings, heating, ventilation and air conditioning equipment, interior plumbing and plate glass against loss or damage by fire, flood, windstorms, hail, earthquakes, explosion, riot, damage from aircraft and vehicles, smoke damage, vandalism and malicious mischief and such other risks as are from time to time covered under "extended coverage" endorsements and special extended coverage endorsements commonly known as "all risks" endorsements, containing the waiver of subrogation required in Section 16.3 of this lease and in an amount equal to the greater of the full replacement value or the amount required by the holder of any event mortgage from time to time placed upon the Industrial Complex or a portion of the Industrial Complex containing the Demised Premises; (iii) State Worker's Compensation Insurance in the statutorily mandated limits and Employers Liability Insurance with limits of not less than Five Hundred Thousand Dollars ($500,000), or such greater amount as Landlord may from time to time require; and (iv) Such other insurance as Landlord may reasonably require from time to time. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its acts or omissions as provided in this lease. All of the foregoing insurance policies (with the exception of Worker's Compensation Insurance to the extent not available under statutory law) shall name Landlord, any mortgagee, any managing agent for the Industrial Complex and such other parties as Landlord shall from time to time designate as an additional insured as their respective interests may appear, and shall provide that any loss shall be payable to Landlord and any other additional insured parties as their respective interests may appear. All insurance required hereunder shall be placed with companies which are rated A:VII or better by Best's Insurance Guide and licensed to do business in the State of California. All such policies shall be written as primary policies with deductibles not to exceed the amount specified in Section 1.1(p) above. Any other policies, including Landlord's policy, will serve as excess coverage. Tenant shall deliver duplicate original copies of all such policies and all endorsements thereto, prior to the transportation Commencement Date, or, in the case of any Crude Oil that would not be fully insuredrenewals thereto, fifteen (15) of Supplier’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything days prior to the contrary hereinexpiration of the prior insurance policy, Coffeyvilletogether with evidence that such policies are fully paid for, mayand that no cancellation, material change or non-renewal thereof shall be effective except upon thirty (30) days' prior written notice from the insurer to Landlord, as well as to Landlord's agent (at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage the address for the Crude Oilpayment of rent set forth in Section 4.2 above). If Tenant should fail to comply with the foregoing requirement relating to insurance, Landlord may obtain such insurance and Tenant shall pay to Landlord on demand as additional rental hereunder the premium cost thereof plus interest at the maximum contractual rate (but in no event to exceed 1-1/2% per month) from the date of payment by Landlord until repaid by Tenant. (b) Comprehensive or commercial general liability coverage and umbrella or excess liability coverage, which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum amount of $300,000,000 per occurrence and $500,000,000 in the aggregate.

Appears in 2 contracts

Sources: Industrial Complex Lease (Ariba Inc), Sublease (Ariba Inc)

Insurance Coverages. Supplier shall procure and maintain in full force and effect throughout the term of this Agreement insurance coverages of the following types and amounts and with insurance companies rated not less than A- by A.M. Best, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7): (a) Property (cargo) damage coverage on an “all risk” basis in an amount sufficient to cover the market value or potential full replacement cost of all Crude Oil (including, but not limited to Crude Oil cargoes and Crude Oil in transit in pipelines) to be delivered to Coffeyville at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier Borrower will maintain the highest such insurance limit available at commercially reasonable rates; coverages and endorsements in form and substance and in amounts as Lender may require in its sole discretion, from time to time, provided, however, that Supplier the insurance required hereunder shall be of the type and in the amounts that is no more onerous to Borrower than the types and amounts Lender requires for other properties that are similar in type and location as the Property. Until Lender notifies Borrower of changes in Lender's requirements, Borrower will promptly notify Coffeyville (and, in any event prior to maintain not less than the transportation insurance coverages and endorsements Lender required for closing of any Crude Oil that would not be fully insured) of Supplier’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude OilLoan. (b) Comprehensive The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements reasonably satisfactory to Lender (the "POLICIES"). Each Policy will contain a standard waiver of subrogation and a replacement cost endorsement and will provide that Lender will receive not less than 30 days' prior written notice of any cancellation, termination or commercial general liability non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be named under a standard mortgage endorsement as loss payee. (c) The insurance companies issuing the Policies (the "INSURERS") must be authorized to do business in the State of California, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A- or better and an A.M. Best Company, Inc. financial category rating of Class X or better and must be otherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers so long as the credit rating requirements are no more stringent than those set forth herein. Notwithstanding Lender's right to approve the Insurers and to establish credit rating standards for the Insurers, Lender will not be responsible for the solvency of any Insurer. (d) Notwithstanding Lender's rights under this Article, Lender will not be liable for any loss, damage or injury resulting from the inadequacy or lack of any insurance coverage. (e) Borrower will comply with the provisions of the Policies and with the requirements, notices and demands imposed by the Insurers and applicable to Borrower or the Property. (f) Borrower will pay the Insurance Premiums for each Policy not less than 10 days before the expiration date of the Policy being replaced or renewed and will deliver to Lender a certificate of insurance evidencing the new or renewed Policy not less than 5 days prior to the expiration date of the Policy being replaced or renewed, and will deliver to Lender an original or, if a blanket policy, a certified copy of each Policy marked "Paid" promptly upon receipt by Borrower. (g) Borrower will not carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance carried by Borrower. (h) Borrower will not carry any of the insurance required under this Section on a blanket or umbrella or excess policy without in each instance Lender's prior approval which may be withheld in Lender's sole discretion (except that, so long as the Property is owned by Science Park Center LLC, a California limited liability coveragecompany, Lender's prior approval will not be unreasonably withheld). If Lender approves, Borrower will deliver to Lender a certified copy of the blanket policy which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum will allocate to the Property the amount of $300,000,000 per occurrence coverage required under this Section and $500,000,000 otherwise will provide the same coverage and protection as would a separate policy insuring only the Property. (i) Borrower will give the Insurers prompt notice of any change in ownership or occupancy of the aggregateProperty. This subsection does not abrogate the prohibitions on transfers set forth in this Deed of Trust. (j) If the Property is sold at a foreclosure sale or otherwise is transferred so as to extinguish the Obligations, all of Borrower's right, title and interest in and to the Policies then in force will be transferred automatically to the purchaser or transferee.

Appears in 1 contract

Sources: Deed of Trust (Neurocrine Biosciences Inc)

Insurance Coverages. Supplier shall procure Tenant agrees to at all times, at it sole expense, provide, maintain and maintain keep in full force and effect throughout the term of this Agreement insurance coverages of the following types policies of insurance naming Landlord and amounts Tenant as their interests may appear and with insurance companies rated not less than A- by A.M. Bestsuch other parties as Landlord and Tenant may designate as additional insured, or otherwise reasonably satisfactory to Coffeyville in respect the customary form in the Town of Supplier’s purchase Stamford, State of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 Connecticut, for premises and 7):improvements of similar character, on premises and improvements. (a) Property Comprehensive public liability insurance (cargoincluding coverage for elevators and escalators, if any, on the Demised Premises and, if any construction of new improvements occurs after execution of this Agreement, completed operations coverage for one year after construction of the improvements has been completed) damage coverage on an “all risk” occurrence basis in an amount sufficient to cover the market value or potential full replacement cost of all Crude Oil (against claims for personal injury including, but not limited to Crude Oil cargoes and Crude Oil in transit in pipelines) to be delivered to Coffeyville at the Delivery Point. In the event that the market value without limitation, bodily injury, death or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier will maintain the highest insurance limit available at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville (andproperty damage occurring on, in any event prior or about the Demised Premises and the adjoining streets, sidewalks and passageways, such insurance to the transportation afford immediate minimum protection to limits of any Crude Oil that would not less than $2,000,000 or such greater amount as may be fully insured) of Supplier’s inability required by Landlord from time to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude Oil.time; (b) Comprehensive Worker's compensation insurance including employer's liability insurance for all employees of Tenant, if any, engaged on or commercial general liability coverage with respect to the Demised Premises; (c) During the course of any demolition, construction, renovation or repair of the Building or other improvements on the Demised Premises, builder's completed value risk insurance against all risks of physical loss, including collapse and umbrella or excess liability transit coverage, during construction of such improvements, with deductibles satisfactory to Landlord, in nonreporting form, in an amount acceptable to Landlord. Such policy of insurance shall contain the "permission to occupy upon completion of work or occupancy endorsement and a waiver of coinsurance endorsement; (d) Rent loss and business interruption coverage, if applicable, either as a separate policy or as part of the casualty policy referred to in subsection (a) above; and (e) All policies of insurance relating to property required by terms of this Agreement shall contain a standard non-contributory negligence endorsement providing an agreement by the insurer that any loss shall be payable in accordance with the terms of such policy notwithstanding any act or negligence of Tenant which includes bodily injury, broad form property damage might otherwise result in forfeiture of such insurance and contractual liability, marine the further agreement of the insurer waiving all rights of set off counterclaim or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum amount of $300,000,000 per occurrence and $500,000,000 in the aggregatedeductions against Tenant.

Appears in 1 contract

Sources: Asset Purchase and Account Assumption Agreement (Usb Holding Co Inc)

Insurance Coverages. Supplier 15.1 Landlord shall procure and maintain in full force and effect throughout the term of this Agreement lease a policy or policies of insurance, at its sole cost and expense (but subject to Article 6 above), causing the Industrial Complex to be insured under standard fire and extended coverage insurance (excluding hurricane and storm insurance unless readily obtainable at commercially reasonable rates) and liability insurance (plus whatever endorsements or special coverages Landlord, in its sole but reasonable discretion, may consider appropriate), to the extent necessary to comply with Landlord's obligations pursuant to other provisions of this lease. All payments for losses thereunder shall be made solely to Landlord. If the annual premiums charged to Landlord shall exceed the standard rates because Tenant's operations, the contents of the Demised Premises, or improvements made to the Demised Premises beyond standard improvements result in extra-hazardous exposure, Tenant shall pay the excess amount of the premium upon demand therefor by Landlord. 15.2 Tenant shall procure and maintain throughout the term of this lease, at its sole cost and expense, all of the following types and amounts and with insurance companies rated not less than A- by A.M. Best, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7):coverages: (a) Property Commercial General Liability Insurance, providing coverage for bodily injury (cargoincluding death), property damage and products liability insurance (where such exposure exists). This policy shall contain a broad form contractual liability endorsement under which the insurer agrees to insure Tenant's obligations under Section 16.2 and Article 21 hereof. Such insurance shall have a combined single limit of not less than Three Million Dollars ($3,000,000) damage coverage on an “all risk” basis in an per occurrence, or such greater amount sufficient as Landlord may from time to cover the market value or potential full replacement cost of all Crude Oil (includingtime require. If Tenant uses vehicles, but not limited to Crude Oil cargoes owned and Crude Oil in transit in pipelines) to be delivered to Coffeyville at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier will maintain the highest insurance limit available at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville (andnon-owned, in any event prior way to carry out business on or about the transportation Industrial Complex, Tenant shall also maintain Motor Vehicle Liability Insurance; such insurance shall have a combined single limit of any Crude Oil that would not be fully insuredless than One Million Dollars ($1,000,000) of Supplier’s inability to fully insure any Crude Oil for bodily injury and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude Oildamage. (b) Comprehensive Fire and extended coverage insurance covering Tenant's personal property, fixtures, improvements, wall coverings, floor coverings, window coverings, signs, alterations, furniture, furnishings, equipment, lighting, ceilings, heating, ventilation and air conditioning equipment and interior plumbing against loss or commercial general liability damage by fire, flood, windstorms, hail, earthquakes, explosion, riot, damage from aircraft and vehicles, smoke damage, vandalism and malicious mischief and such other risks as are from time to time covered under "extended coverage" endorsements and special extended coverage endorsements commonly known as "all risks" endorsements, containing the waiver of subrogation required in Section 16.3 of this lease and umbrella in an amount equal to the greater of the full replacement value or excess liability coveragethe amount required by the holder of any mortgage from time to time placed upon the Industrial Complex or a portion of the Industrial Complex containing the Demised Premises, which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum amount of $300,000,000 per occurrence and $500,000,000 with business interruption insurance covering the Demised Premises. Replacement value is understood to mean the cost to replace without deduction for depreciation. (c) State Worker's Compensation Insurance in the aggregatestatutorily mandated limits.

Appears in 1 contract

Sources: Industrial Complex Lease (Apbiotech)

Insurance Coverages. Supplier shall procure and maintain in full force and effect throughout the term of this Agreement insurance coverages of the following types and amounts and with insurance companies rated not less than A- by A.M. Best, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7): (a) Property Landlord shall obtain beginning on the Commencement Date and shall maintain throughout the Lease Term, as an Operating Expense, the following insurance coverages: (cargoi) damage coverage A policy of commercial general liability insurance on an “all risk” basis the Common Areas, providing such coverages and in an amount sufficient such amounts as Landlord shall from time to cover the market value or potential full replacement cost of all Crude Oil (including, but not limited to Crude Oil cargoes and Crude Oil in transit in pipelines) time determine to be delivered to Coffeyville at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the insurance limits available or the insurance limits available at commercially reasonable rates consistent with comparable buildings in the Minneapolis/St. ▇▇▇▇ area. (ii) A policy providing commercial property insurance marketplaceon the Project, Supplier will maintain providing such coverages and in such amounts as Landlord shall from time to time determine to be consistent with comparable buildings in the highest insurance limit available at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville (and, in any event prior to the transportation of any Crude Oil that would not be fully insured) of Supplier’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude OilMinneapolis/St. ▇▇▇▇ area. (b) Comprehensive or Tenant shall obtain, at Tenant’s expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (i) A policy of commercial general liability insurance (including “Insurance Service Office” (ISO) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Premises with limits of general liability not less than $3,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (ii) A policy providing commercial property insurance containing the insuring agreement “Cause of Loss-Special Form” or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements comprising the Premises, Tenant’s leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord as loss payee. Such policy shall provide coverage in an amount not less than the full replacement cost of the Improvements comprising the Premises. An “Agreed Amount Clause” waiving the coinsurance clause must be included, as well as flood and umbrella earthquake coverage, to the extent available, at limits equal to the maximum foreseeable loss at the location of the Premises. Coverage must also include an “Ordinances or excess Law Regulations” insuring agreement governing the construction, use or repair of property. Such coverage must include the expense of tearing down any property, including the cost of removing its debris. Increased cost of construction coverage must also be included. (iii) A policy of workers’ compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer’s Liability. The Employer’s liability limits must be: Bodily Injury By Accident - $500,000 Each Accident Bodily Injury By Disease - $500,000 Policy Limit Bodily Injury By Disease - $500,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant’s employees. (iv) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Premises creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord’s demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. Landlord acknowledges that the Permitted Use does not create an unusual hazard. (v) A policy of business interruption insurance with an “Extra Expense” insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and other business income. Such policy must include an endorsement providing an extended period of indemnity for 180 days. (vi) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to boiler and machinery coverage, automobile and garagekeepers liability coverage, which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum amount of $300,000,000 per occurrence and $500,000,000 in the aggregateservice interruption coverage.

Appears in 1 contract

Sources: Lease Agreement (Digitiliti Inc)

Insurance Coverages. Supplier 15.1 Landlord shall procure and maintain in full force and effect throughout the term of this Agreement insurance coverages lease a policy or policies of insurance, at its sole cost and expense (but subject to Article 6 above), causing the following types and amounts and with insurance companies rated not less than A- by A.M. Best, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7): (a) Property (cargo) damage coverage on an “all risk” basis in an amount sufficient to cover the market value or potential full replacement cost of all Crude Oil (including, but not limited to Crude Oil cargoes and Crude Oil in transit in pipelines) Industrial Complex to be delivered to Coffeyville at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil insured under standard fire and extended coverage insurance (Crude Oil cargoes excluding hurricane and Crude Oil in transit in pipelines) exceeds the storm insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier will maintain the highest insurance limit available unless readily obtainable at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville ) and liability insurance (andplus whatever endorsements or special coverages Landlord, in its sole discretion, may consider appropriate), to the extent necessary to comply with Landlord's obligations pursuant to other provisions of this lease. 15.2 Tenant shall procure and maintain throughout the term of this lease, at its sole cost and expense, the following insurance: (1) Comprehensive General Liability Insurance providing coverage for bodily injury (including death), property damage and products liability insurance (where such exposure exists). This policy shall contain a broad form contractual liability endorsement under which the insurer agrees to insure Tenant's obligations under Article 21 hereof. Such insurance shall have a combined single limit of not less than Three Million Dollars ($3,000,000) per occurrence, or such greater amount as Landlord may from time to time require; (2) Fire and extended coverage insurance covering Tenant's personal property, fixtures, improvements, wall coverings, floor coverings, window coverings, alterations, furniture, equipment, lighting, ceilings, heating, ventilation and air conditioning equipment, interior plumbing and plate glass against loss or damage by fire, flood, windstorms, hail, earthquakes, explosion, riot, damage from aircraft and vehicles, smoke damage, vandalism and malicious mischief and such other risks as are from time to time covered under "extended coverage" endorsements and special extended coverage endorsements commonly known as "all risks" endorsements, containing the waiver of subrogation required in Section 16.3 of this lease and in an amount equal to the greater of the full replacement value or the amount required by the holder of any event mortgage from time to time placed upon the Industrial Complex or a portion of the Industrial Complex containing the Demised Premises; (3) State Worker's Compensation Insurance in the statutorily mandated limits and Employers Liability Insurance with limits of not less than Five Hundred Thousand Dollars ($500,000), or such greater amount as Landlord may from time to time require; and (4) Such other insurance as Landlord may reasonably require from time to time. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its acts or omissions as provided in this lease. All of the foregoing insurance policies (with the exception of Worker's Compensation Insurance to the extent not available under statutory law) shall name Landlord, any mortgagee or any managing agent for the Industrial Complex and such other parties as Landlord shall from time to time designated as an additional insured as their respective interests may appear, and shall provide that any loss shall be payable to Landlord and any other additional insured parties as their respective interests may appear. All insurance required hereunder shall be placed with companies which are rated A:VII or better by Best's Insurance Guide and licensed to do business in the State where the Industrial Complex is located. All such policies shall be written as primary policies. Any other policies, including Landlord's policy, will serve as excess coverage. Tenant shall deliver duplicate original copies of all such policies and all endorsements thereto, prior to the transportation Commencement Date, or, in the case of any Crude Oil that would not be fully insuredrenewals thereto, fifteen (15) of Supplier’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything days prior to the contrary hereinexpiration of the prior insurance policy, Coffeyvilletogether with evidence that such policies are fully paid for, mayand that no cancellation, material change or non-renewal thereof shall be effective except upon thirty (30) days' prior written notice from the Insurer to Landlord. If Tenant should fall to comply with the foregoing requirement relating to Insurance, Landlord may obtain such Insurance and Tenant shall pay to Landlord on demand as additional rental hereunder the premium cost thereof plus interest at its option and expense, upon prior notice the maximum contractual rate (but in no event to Supplier, endeavor to procure and provide such property damage coverage for exceed 1-1/2% per month) from the Crude Oildate of payment by Landlord until repaid by Tenant. (b) Comprehensive or commercial general liability coverage and umbrella or excess liability coverage, which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum amount of $300,000,000 per occurrence and $500,000,000 in the aggregate.

Appears in 1 contract

Sources: Industrial Complex Lease (Pilot Network Services Inc)

Insurance Coverages. Supplier shall 15.1 Tenant must, at Tenant's sole cost and expense, procure and maintain the insurance described below in full force and effect throughout accordance with the term of this Agreement requirements set forth below: a. The minimum insurance coverages of are as follows: (i) Property insurance (the following types and amounts and with insurance companies rated not less than A- by A.M. Best, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7): "Tenant's Property Insurance") which covers: (a) the Demised Premises for damages to the Demised Premises in the amount of $3 million for comprehensive (property) damages; (b) all of Tenant's personal property in, on, at, or about the Demised Premises, including, without limitation, Tenant's furniture, trade fixtures, equipment, inventory, and merchandise (collectively, "Tenant's Personal Property"); and (c) all improvements to the Demised Premises. Tenant's Property Insurance must be written on the broadest available "special form", policy form; must include an agreed-amount endorsement for no less than one hundred percent (cargo100%) damage coverage on an “all risk” basis in an amount sufficient to cover of the market value or potential full replacement cost of the Tenant's Personal Property (new, without deduction for depreciation), the Demised Premises and improvements to the Demised Premises; must be written in amounts of coverage that meet any coinsurance requirements of the policy or policies; must include vandalism and malicious mischief coverage and sprinkler coverage; and must name Landlord as an "insured as its interest may appear." (ii) Commercial general liability insurance ( "Tenant's Liability Insurance") written on an "occurrence" policy form, covering Bodily Injury, Property Damage, and Personal Injury (all Crude Oil as defined in Section 16.2 below), arising out of or relating, directly or indirectly, to Tenant's business operations, conduct, assumed liabilities, or use or occupancy of the Demised Premises. Tenant's Liability Insurance must include the broadest available form of contractual liability coverage. It is the intent of Landlord and Tenant that ▇▇▇▇▇▇'s contractual liability coverage will provide coverage to the maximum extent possible of Tenant's indemnification obligations under this Lease. The minimum acceptable limits for Tenant's Liability Insurance are $2,000,000 per occurrence. Tenant must cause the Landlord Parties (including, but not limited to Crude Oil cargoes and Crude Oil as defined in transit in pipelinesSection 16.2 below) to be delivered named as "additional insureds" by endorsement satisfactory in form and substance to Coffeyville Landlord. (iii) Workers' Compensation Insurance and Employer's Liability Insurance. The minimum acceptable limits for the Worker's Compensation Insurance are as set forth in the applicable statutes of the State of Texas and for the Employer's Liability Insurance are $500,000 per each accident, $500,000 disease per employee, and $500,000 disease policy limit. All such policies must contain waivers of subrogation in favor of Landlord. THE, ▇▇▇▇▇▇▇ LAW FIRM LLP q HOUSTON, TX initials initials (iv) At all times during which construction work is being performed by or on behalf of Tenant at the Delivery PointDemised Premises, Tenant must maintain "Builder's Risk" insurance, covering the full replacement value of all such work being performed, naming Landlord as an "insured as its interest may appear," and being written in amounts of coverage that meet any coinsurance requirements of the policy or policies. b. The insurance requirements set forth in Section 15.1 (a) are independent of Tenant's waiver, indemnification, and other obligations under this Lease and cannot be construed or interpreted in any way to restrict, limit, or modify Tenant's waiver, indemnifications, and other obligations or to limit in any way Tenant's liability under this Lease. In addition to the event that the market value requirements set forth in Section 15.1 (a), each insurance company issuing one or potential full replacement cost more of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the policies of insurance limits available or the insurance limits available at commercially reasonable rates Tenant is required to carry under this Article 15 must have a rating of no less than ANIII in the current Best's Insurance Guide or A- in the current Standard and Poor Insurance Solvency Review and must be admitted to engage in the business of insurance marketplacein the State of Texas. The insurance Tenant is required to carry under this Lease must be primary insurance for all claims under such insurance and must provide that any insurance carried by the Landlord Parties is strictly excess, Supplier will maintain the highest secondary, and noncontributing with any insurance limit available at commercially reasonable rates; provided, however, carried by Tenant. The insurance Tenant is required to carry under this Lease must provide that Supplier will promptly notify Coffeyville (and, in any event prior to the transportation of any Crude Oil that would it cannot be fully insuredcanceled, not renewed, or be subject to a change in coverage or limits of coverage except after thirty (30) of Supplier’s inability days' prior written notice to fully insure any Crude Oil Landlord and ▇▇▇▇▇▇▇▇'s lenders. Tenant is permitted to provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, mayits insurance through a blanket policy as long as Tenant, at its option Tenant's sole cost and expense, procures a "per location" endorsement, or an equivalent reasonably acceptable to Landlord. c. Tenant must deliver to Landlord adequate proof that Tenant is carrying the type and amount of insurance coverage required by this Lease before ▇▇▇▇▇▇ enters onto the Demised Premises and at any time (but no more than twice per year) upon prior notice request from Landlord. Additionally, Tenant must deliver to SupplierLandlord, endeavor to procure and provide such property damage no less than thirty (30) days before the expiration date of any policy, adequate proof that Tenant has obtained renewal or replacement coverage for at least one (1) year immediately following such expiration. While the Crude Oil. following checklist does not override the requirements of the preceding sentences, it is intended to give Tenant a preliminary checklist of the insurance documentation Landlord requires: n ▇▇▇▇▇ Form 27 "Evidence of Insurance" (b) Comprehensive for Property Insurance, Builder's Risk Insurance, Commercial General Liability Insurance, Worker's Compensation Insurance, and Employers' Liability Insurance). n Copies of all additional insured endorsements (which must be on ISO Form 2026 or commercial general liability coverage and umbrella or excess liability coverage, an ISO form which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum amount replaces such form). n Copies of $300,000,000 per occurrence and $500,000,000 in the aggregate.all loss payee endorsements. n Copies of all mortgagee clauses. n Copies of all waivers of subrogation. initials initials

Appears in 1 contract

Sources: Building Lease (Arkson Neutraceuticals Corp.)

Insurance Coverages. Supplier The Company shall procure and maintain in full force and effect throughout the term Term of this Agreement insurance coverages of the following types and amounts and with insurance companies rated not less than A- A-X by A.M. BestBest Company, or otherwise reasonably satisfactory to Coffeyville equivalent in respect of Supplierthe Company’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 properties and 7):operations: (a) Property (cargo) damage including business interruption coverage on an “all risk” basis, including but not limited to flood, earthquake, windstorm, and tsunami, covering damage to the Refinery Facilities and the Storage Facilities on a repair or replacement cost basis in an amount sufficient to cover repair major components of such Facilities as reasonably determined pursuant to an engineering report prepared by an expert recognized by underwriters for such purpose or loss limited reasonably acceptable to Aron. Aron shall be named as a co-loss payee under such property damage coverage related to the market value Collateral, and the losses, if any, for property damage with respect to the Collateral shall be payable to Aron for distribution by it to itself and to the Company, as their respective interests may appear, or potential full order, except that, unless underwriters have been otherwise instructed by notice in writing from Aron, in the case of any loss involving any damage to the Collateral that is less than $10,000,000, the underwriters shall pay directly for the repair or replacement or other charges involved or, if the Company shall have first fully repaired the damage or replaced the damaged property and paid the cost thereof, or discharged any other charges directly related thereto, then the underwriters may pay the Company as reimbursement therefor without first obtaining the written consent thereto of all Aron. Business interruption and extra expense coverage shall include at least 18 months indemnity period and shall be in an amount equal to the projected net income plus costs that would necessarily continue from such Facilities based upon the Company’s reasonable estimate thereof. (b) Commercial general liability coverage which includes bodily injury, broad form property damage and contractual liability, cross suit liability, products and completed operations liability, sudden and accidental pollution liability (excluding events that result in acidic deposition), liability arising out of wharfinger, terminal operator and/or stevedoring operations and loss, and contamination or degradation of Aron’s Crude Oil and Products inventory coverage in a minimum amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, which coverage may be self-insured by the Company. (includingc) (i) Workers compensation in the amount required by Applicable Law, but and (ii) employer’s liability with a minimum amount of $1,000,000 per accident, $1,000,000 per disease, and $1,000,000 aggregate. (d) Commercial automobile liability insurance in a minimum amount of $1,000,000 per accident. (e) Umbrella/excess liability coverage providing coverage on a follow-form basis with respect the coverage required under Sections 16.1(b) (not limited to including contamination or degradation of Aron’s Crude Oil cargoes and Crude Oil Products inventory), (c)(ii) and (d) in transit a minimum amount of $500,000,000 per occurrence and in pipelines) the aggregate; provided that, to be delivered to Coffeyville at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) extent such limit exceeds the insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier the Company will maintain the highest insurance limit available at commercially reasonable rates; provided, provided further however, that Supplier the Company will promptly notify Coffeyville (and, in any event prior to Aron of the transportation of any Crude Oil that would not be fully insured) of SupplierCompany’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide maintain such property damage coverage for the Crude Oillimit of coverage. (bf) Comprehensive or commercial general Pollution legal liability coverage and umbrella or excess liability coverage, which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage (excluding events that result in acidic deposition) in a minimum amount of $300,000,000 100,000,000 per occurrence and $500,000,000 in the aggregate. (g) Charterer’s liability insurance (if applicable) in a minimum amount of $50,000,000 per occurrence and in the aggregate.

Appears in 1 contract

Sources: Supply and Offtake Agreement (Par Pacific Holdings, Inc.)

Insurance Coverages. Supplier shall procure and (a) Borrower will maintain in full force and effect throughout the term of this Agreement such insurance coverages and endorsements in form and substance and in amounts as Lender may require in its sole discretion, from time to time. Until Lender notifies Borrower of the following types and amounts and with insurance companies rated changes in Lender's requirements, Borrower will maintain not less than A- by A.M. Best, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7): (a) Property (cargo) damage coverage on an “all risk” basis in an amount sufficient to cover the market value or potential full replacement cost of all Crude Oil (including, but not limited to Crude Oil cargoes and Crude Oil in transit in pipelines) to be delivered to Coffeyville at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the insurance limits available or coverages and endorsements Lender required for closing of the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier will maintain the highest insurance limit available at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville (and, in any event prior to the transportation of any Crude Oil that would not be fully insured) of Supplier’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude OilLoan. (b) Comprehensive The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (the "Policies"). Each Policy will contain a standard waiver of subrogation and a replacement cost endorsement and will provide that Lender will receive not less than 30 days' prior written notice of any cancellation, termination or commercial general liability non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be named under a standard mortgage endorsement as loss payee. (c) The insurance companies issuing the Policies (the "Insurers") must be authorized to do business in the State or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A or better and an A.M. Best Company, Inc. financial category rating of Class X or better and must be otherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding Lender's right to approve the Insurers and to establish credit rating standards for the Insurers, Lender will not be responsible for the solvency of any Insurer. (d) Notwithstanding Lender's rights under this Article, Lender will not be liable for any loss, damage or injury resulting from the inadequacy or lack of any insurance coverage. (e) Borrower will comply with the provisions of the Policies and with the requirements, notices and demands imposed by the Insurers and applicable to Borrower or the Property. (f) Borrower will pay the Insurance Premiums for each Policy not less than 30 days before the expiration date of the Policy being replaced or renewed and will deliver to Lender an original or, if a blanket policy, a certificate evidencing coverage under the Policies marked "Paid" not less than 15 days prior to the expiration date of the Policy being replaced or renewed. Borrower shall provide a certified copy of each Policy promptly upon receipt thereof. (g) Borrower will not carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance carried by Borrower. (h) Borrower will not carry any of the insurance required under this Section on a blanket or umbrella or excess liability coveragepolicy without in each instance Lender's prior approval which may be withheld in Lender's sole discretion. If Lender approves, Borrower will deliver to Lender a certified copy of the blanket policy which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum will allocate to the Property the amount of $300,000,000 per occurrence coverage required under this Section and $500,000,000 otherwise will provide the same coverage and protection as would a separate policy insuring only the Property. (i) If required by the Policy, Borrower will give the Insurers prompt notice of any change in ownership or occupancy of the aggregateProperty. This subsection does not abrogate the prohibitions on transfers set forth in this Deed of Trust. (j) If the Property is sold at a foreclosure sale or otherwise is transferred so as to extinguish the Obligations, all of Borrower's right, title and interest in and to the Policies then in force , except blanket polices, will be transferred automatically to the purchaser or transferee.

Appears in 1 contract

Sources: Deed of Trust (Parkway Properties Inc)

Insurance Coverages. Supplier Borrower shall procure and maintain at all times prior to payment or satisfaction in full force and effect throughout the term of this Agreement insurance coverages of the Obligations, obtain or cause to be obtained in respect of Borrower and the Premises the following types and amounts and with policies of insurance, to the extent applicable in Lender's sole discretion, issued by insurance companies rated and containing terms satisfactory to Lender in its sole discretion: 5.1.1 comprehensive all risk insurance (including coverage for earthquake subsidence and/or earth movements, if necessary) on the Improvements and the personal property of Borrower (including coverage for earthquake subsidence and/or earth movements, if necessary) or any Affiliate of Borrower located on the Premises (which may be carried on a blanket basis with other properties provided that the coverages and premiums therefor are separately allocated and stated) including contingent liability from "Operation of Building Laws," "Demolition Costs" and "Increased Cost of Construction" endorsements, in each case (a) in an amount equal to 100% of the "Full Replacement Cost" (which for purposes hereof shall mean actual replacement value exclusive of costs of excavations, foundations, underground utilities and footings), as determined by an appraiser or contractor designated and paid by Borrower and reasonably approved by Lender, or by an engineer or appraiser in the regular employ of the insurer, with a waiver of depreciation, (b) containing an "Agreed Amount" endorsement with respect to the Improvements and personal property of Borrower or any Affiliate of Borrower located on the Premises, waiving all co-insurance provisions, (c) providing for no deductible in excess of $25,000.00 and (d) containing an "Ordinance or Law Coverage" or "Enforcement" endorsement if any of the Improvements or the use of the Premises shall constitute legal non-conforming structures or uses ("Property Insurance"); 5.1.2 commercial general liability insurance against claims for personal injury, bodily injury, death or property damage occurring upon, in or about the Premises ("Liability Insurance"), which Liability Insurance may be carried under one or more insurance policies aggregating the minimum combined single limit hereinbelow described and shall (a) be on the so-called "occurrence" form with a combined single limit of not less than A- $2,000,000.00 with at least a $100,000,000.00 "umbrella" policy, (b) continue at not less than the aforesaid limit until required to be changed by A.M. BestLender in writing by reason of changed economic conditions making such protection inadequate and (c) cover at least the following hazards: (i) premises and operations, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 ii) products and 7): (a) Property (cargo) damage coverage completed operations on an "if any" basis, (iii) independent contractors, (iv) blanket contractual liability for all risk” basis written and oral contracts and (v) contractual liability covering the indemnities contained in an amount sufficient the Loan Documents to cover the market value or potential full replacement cost of all Crude Oil (including, but not limited to Crude Oil cargoes and Crude Oil in transit in pipelines) to be delivered to Coffeyville at extent the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the insurance limits available or the insurance limits same is available at commercially reasonable rates in premium rates; 5.1.3 business income or interruption (loss of rents) insurance ("Business Insurance") determined by Lender based on Lender's reasonable estimate of Borrower's gross income, (a) with loss payable to Lender, (b) covering all risks required to be covered by the insurance marketplaceProperty Insurance, Supplier (c) containing an "Extended Period of Indemnity" endorsement which provides that after the physical loss to the Improvements and personal property located on the Premises has been repaired, the continued loss of income will maintain be insured until the highest insurance limit available at commercially reasonable rates; providedexpiration of not less than two (2) years from the date of the loss, however, notwithstanding that Supplier will promptly notify Coffeyville (and, in any event the policy may expire prior to the transportation of any Crude Oil that would not be fully insured) of Supplier’s inability to fully insure any Crude Oil and provide full details end of such inability. Notwithstanding anything period and (d) in an amount equal to 100% of the projected gross income from the Premises for a period of two (2) years; 5.1.4 flood hazard insurance ("Flood Insurance") for such portions of the Premises as are located in a federally designated "special flood hazard area" and in which flood insurance has been made available under the National Flood Insurance Act of 1968, as amended; 5.1.5 at all times during which any work or construction, repairs or alterations are being made with respect to the contrary hereinImprovements or on the Premises Property Insurance, Coffeyvillewritten on a so-called builder's risk completed value form (a) on a non-reporting basis, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude Oil. (b) Comprehensive or commercial general against all risks insured against under the Property Insurance, (c) including permission to occupy the subject property, and (d) with an "Agreed Amount" endorsement waiving co-insurance provisions ("Builder's Risk Insurance"); 5.1.6 if there shall be any employees of Borrower on the Premises, worker's compensation, subject to the statutory limits of the State of Florida, and employer's liability coverage insurance with a limit of at least $5,000,000.00 per accident and umbrella or excess liability coverageper disease per employee, which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum amount of $300,000,000 per occurrence and $500,000,000 5,000,000.00 for disease aggregate in respect of any work or operations on or about the aggregatePremises or in connection with the Premises ("Worker's Compensation Insurance"); 5.1.7 comprehensive boiler and machinery insurance, if applicable, in amounts as shall be reasonably required by Lender ("Boiler ------- Insurance"); and 5.1.8 such other insurance as Lender may reasonably require from time to time (together with the Property Insurance, the Liability Insurance, the Business Insurance, the Flood Insurance, the Builder's Risk Insurance, the Worker's Compensation Insurance and the Boiler Insurance, as applicable, the "Required Insurance").

Appears in 1 contract

Sources: Loan Agreement (Cedar Income Fund LTD /Md/)

Insurance Coverages. Supplier shall procure and maintain in full force and effect throughout the term of this Agreement insurance coverages of the following types and amounts and with insurance companies rated not less than A- by A.M. Best, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7): (a) Property Landlord shall obtain beginning on the Commencement Date and shall maintain throughout the Lease Term, as an Operating Expense, the following insurance coverages: (cargoi) damage coverage A policy of public liability insurance on an “all risk” basis the Common Areas, providing such coverages and in an amount sufficient such amounts as Landlord shall from time to cover time determine. (ii) A policy providing commercial property insurance on the market value or potential full replacement cost Common Areas and such other portions of all Crude Oil (includingthe Project as Landlord shall determine, but not limited providing such coverages and in such amounts as Landlord shall from time to Crude Oil cargoes and Crude Oil in transit in pipelines) to be delivered to Coffeyville at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier will maintain the highest insurance limit available at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville (and, in any event prior to the transportation of any Crude Oil that would not be fully insured) of Supplier’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude Oiltime determine. (b) Comprehensive or Tenant shall obtain, at Tenant's expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (i) A policy of commercial general liability insurance (including "Insurance Service Office" (ISO) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Premises with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (ii) A policy providing commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements comprising the Premises, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord as loss payee. Such policy shall provide coverage in an amount not less than the full replacement cost of the Improvements comprising the Premises. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as flood and umbrella earthquake coverage, to the extent available, at limits equal to the maximum foreseeable loss at the location of the Premises. Coverage must also include an "Ordinances or excess Law Regulations" insuring agreement governing the construction, use or repair of property. Such coverage must include the expense of tearing down any property, including the cost of removing its debris. Increased cost of construction coverage must also be included. (iii) A policy of workers' compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be: Bodily Injury By Accident -- $1,000,000 Each Accident Bodily Injury By Disease -- $1,000,000 Policy Limit Bodily Injury By Disease -- $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (iv) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Premises creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (v) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and other business income. Such policy must include an endorsement providing an extended period of indemnity for 180 days. (vi) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be required by Landlord, including but not limited to boiler and machinery coverage, automobile and garagekeepers liability coverage, which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum amount of $300,000,000 per occurrence and $500,000,000 in the aggregateservice interruption coverage.

Appears in 1 contract

Sources: Lease Agreement (Lasermaster Technologies Inc)

Insurance Coverages. Supplier shall 15.1 Tenant must, at ▇▇▇▇▇▇’s sole cost and expense, procure and maintain the insurance described below in full force and effect throughout accordance with the term of this Agreement requirement set forth below: a. The minimum insurance coverages of are as follows: i. Property insurance (the following types and amounts and with insurance companies rated not less than A- by A.M. Best, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier“Tenant’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7): Property Insurance”) which covers: (a) Property the Demised Premises for damages to the Demised Premises in the amount of $__ million for comprehensive (cargoproperty) damage coverage damages; (b) all of Tenant’s personal property in, on, at, or about the Demised Premises, including, without limitation, Tenant’s furniture, trade fixtures, equipment, inventory, and merchandise (collectively, “Tenant’s Personal Property”); and (c) all improvements must be written on the broadest available “special form” policy form; must include an “all risk” basis in an agreed- amount sufficient to cover endorsement for no less than one hundred percent (100%) of the market value or potential full replacement cost of the Tenant’s Personal Property (new, without deduction for depreciation), the Demised Premises and improvements to the Demised Premises; must by written in amounts of coverage that meet any coinsurance requirements of the policy or policies; must include vandalism and malicious mischief coverage and sprinkler coverage; and must name Landlord as an “insured as its interest may appear.” ii. Commercial general liability insurance (“Tenant’s Liability Insurance”) written on an “occurrence” policy form, covering Bodily Injury, Property Damage, and Personal Injury (all Crude Oil as defined in Section 16.2 below), arising out of or relating, directly or indirectly, to Tenant’s business operations, conduct, assumed liabilities, or use or occupancy of the Demised Premises. Tenant’s Liability Insurance must include the broadest available form of contractual liability coverage. It is the intent of Landlord and Tenant that ▇▇▇▇▇▇’s contractual liability coverage will provide coverage to the maximum extent possible of Tenant’s indemnification obligations under this Lease. The minimum acceptable limits for Tenant’s Liability Insurance are $2,000,000 per occurrence. Tenant must cause the Landlord Parties (including, but not limited to Crude Oil cargoes and Crude Oil as defined in transit in pipelinesSection 16.2 below) to be delivered named as “additional insureds” by endorsement satisfactory in form and substance to Coffeyville at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier will maintain the highest insurance limit available at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville (and, in any event prior to the transportation of any Crude Oil that would not be fully insured) of Supplier’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude OilLandlord. (b) Comprehensive or commercial general liability coverage and umbrella or excess liability coverage, which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum amount of $300,000,000 per occurrence and $500,000,000 in the aggregate.

Appears in 1 contract

Sources: Building Lease (First Surgical Partners Inc.)

Insurance Coverages. Supplier 13.1 Landlord shall procure and maintain in full force and effect throughout the term Lease Term a policy or policies of insurance, at its sole cost and expense (but subject to Article VI above), insuring the Premises under standard fire and extended coverage insurance and liability insurance (with deductibles and whatever endorsements or special coverages Landlord, in its sole discretion, may consider appropriate), to the extent necessary to comply with Landlord's obligations pursuant to other provisions of this Agreement insurance coverages Lease. 13.2 Tenant, at its sole cost and expense, shall procure and maintain throughout the Lease Term a policy or policies of insurance, at its sole cost and expense, insuring all fixtures and contents, and all Improvements and other improvements constructed by or for Tenant or any Subtenant (including, without limitation, the Improvements), for at least 80% of the following types replacement cost under standard fire and amounts extended coverage insurance and, with regard to liability insurance, insuring both Landlord and Tenant against all claims, demands and/or actions arising out of or in connection with the use, occupancy or operation of the Premises by Tenant, any Subtenant or any other person or entity, or the condition of the Premises. Tenant's liability policy or policies shall be written by insurance companies rated not less than A- satisfactory to Landlord. Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least thirty days prior to cancellation or alteration of insurance. Such policies or duly executed certificates of insurance shall be promptly delivered to Landlord, and renewals thereof as required shall be delivered to Landlord, at least thirty days prior to the expiration of the respective policy terms. If Tenant should fail to comply with the foregoing requirement relating to insurance, Landlord may obtain such insurance without notice, demand or opportunity to cure, and Tenant shall pay to Landlord, on demand, as additional Rent hereunder, the premium cost thereof, together with interest at the maximum contractual rate (but in no event to exceed 1 1/2% per month), from the date of payment by Landlord until repaid by Tenant. Landlord shall be named as loss payee with respect to the standard fire and extended coverage insurance covering the leasehold improvements owned by Landlord. 13.3 Tenant shall obtain and maintain, and cause each of its Subtenants to obtain and maintain, at all times during the Lease Term insurance coverage as required hereunder and in Section 13.2 above and as may be required by law (including, without limitation, broad form comprehensive general liability coverage, products liability, broad form contractual liability coverage, liquor liability, auto liability, and business interruption, workers compensation and employees' liability insurance) from reputable insurance companies with an A.M. BestBest Rating of "A" and an A.M. Best Class Rating of XIV (or comparable ratings from a reputable insurance rating service in the event A.M. Best ratings are discontinued or materially altered), or otherwise authorized to do business in the jurisdiction in which the Premises are located, and covering the activities of Tenant and its Subtenants. The insurance shall be in form reasonably satisfactory to Coffeyville Landlord, in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided amounts at least equal to the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7):following: (a) Property comprehensive commercial liability insurance, with a combination of primary and excess limits of not less than Two Million Dollars (cargo$2,000,000.00), with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, bodily injury and property damage combined; (b) auto liability insurance, including coverage on an “all risk” basis of owned, non-owned and hired vehicles, with a combination of primary and excess limits of not less than Five Hundred Thousand Dollars ($500,000.00) for bodily injury for each person, One Million Dollars ($1,000,000.00) for bodily injury for each occurrence and One Million Dollars ($1,000,000.00) for each occurrence of property damage; (c) employer's liability insurance with a limit of not less than Five Hundred Thousand Dollars ($500,000.00); (d) workers compensation insurance in an such amount as may be required by applicable statute or rule; (e) hazard insurance with sufficient coverage to cover the market value or potential full replacement cost of the Premises, including all Crude Oil Improvements, with a "value guard" endorsement, if available; (includingf) business interruption insurance with a minimum of Two Hundred Thousand Dollars ($200,000.00) payable in three (3) equal monthly installments; (g) hazard insurance with sufficient coverage to cover the replacement costs of the contents of the Premises, but not limited including furniture, fixtures and equipment; and (h) if beer, wine, liquor or other alcoholic beverages are served from the Premises or any part thereof, liquor liability insurance with a minimum of One Million Dollars ($1,000,000.00) per occurrence and One Million Dollars ($1,000,000.00) in the aggregate. Tenant shall provide Landlord with proof of such insurance from time to Crude Oil cargoes time as requested by Landlord, and Crude Oil in transit in pipelinessuch policies of insurance required herein shall name Landlord and its partners, and their respective, its affiliates, members, shareholders, directors, and officers, as additional insureds. The policies shall provide that the insurers will give thirty (30) days prior written notice to be delivered Landlord before any material alteration to Coffeyville at the Delivery Pointterms of the policies or the expiration or termination of such policies of insurance. In the event that the market value Tenant fails to obtain or potential full replacement cost of all Crude Oil (Crude Oil cargoes maintain, or cause its Subtenants to obtain and Crude Oil in transit in pipelines) exceeds maintain, the insurance limits available or described herein, Landlord shall have the right, but not the obligation, to procure such insurance, and in such event, Tenant shall reimburse Landlord, as additional Rent, for the costs of such insurance, together with interest thereon at the maximum contractual rate allowed by applicable law (but in no event to exceed 1 1/2% per month) from the date advanced by Landlord until repaid. All public liability and property damage insurance limits available policies shall contain a provision that Tenant's insurance coverage shall be primary to any coverage Landlord maintains. Prior to the Commencement Date, and thereafter at commercially reasonable rates in the insurance marketplace, Supplier will maintain the highest insurance limit available at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville least sixty (and, in any event 60) days prior to the transportation expiration of any Crude Oil that would not be fully insured) policy, Tenant shall deliver to Landlord certificates of Supplier’s inability to fully insure any Crude Oil insurance, and provide full details if requested, copies of such inability. Notwithstanding anything to all applicable policies which evidence the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude Oilcoverages required by this Lease. (b) Comprehensive or commercial general liability coverage and umbrella or excess liability coverage, which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum amount of $300,000,000 per occurrence and $500,000,000 in the aggregate.

Appears in 1 contract

Sources: Retail Space Lease (HCS Ii Inc)

Insurance Coverages. Supplier shall 15.1 Tenant must, at Tenant's sole cost and expense, procure and maintain the insurance described below in full force and effect throughout accordance with the term of this Agreement requirements set forth below: a. The minimum insurance coverages of are as follows: (i) Property insurance (the following types and amounts and with insurance companies rated not less than A- by A.M. Best, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7): "Tenant's Property Insurance") which covers: (a) the Demised Premises for damages to the Demised Premises in the amount of $3 million for comprehensive (property) damages; (b) all of Tenant's personal property in, on, at, or about the Demised Premises, including, without limitation, Tenant's furniture, trade fixtures, equipment, inventory, and merchandise (collectively, "Tenant's Personal Property"); and (c) all improvements to the Demised Premises. Tenant's Property Insurance must be written on the broadest available "special form", policy form; must include an agreed-amount endorsement for no less than one hundred percent (cargo100%) damage coverage on an “all risk” basis in an amount sufficient to cover of the market value or potential full replacement cost of the Tenant's Personal Property (new, without deduction for depreciation), the Demised Premises and improvements to the Demised Premises; must be written in amounts of coverage that meet any coinsurance requirements of the policy or policies; must include vandalism and malicious mischief coverage and sprinkler coverage; and must name Landlord as an "insured as its interest may appear." (ii) Commercial general liability insurance ( "Tenant's Liability Insurance") written on an "occurrence" policy form, covering Bodily Injury, Property Damage, and Personal Injury (all Crude Oil as defined in Section 16.2 below), arising out of or relating, directly or indirectly, to Tenant's business operations, conduct, assumed liabilities, or use or occupancy of the Demised Premises. Tenant's Liability Insurance must include the broadest available form of contractual liability coverage. It is the intent of Landlord and Tenant that Tenant's contractual liability coverage will provide coverage to the maximum extent possible of Tenant's indemnification obligations under this Lease. The minimum acceptable limits for Tenant's Liability Insurance are $2,000,000 per occurrence. Tenant must cause the Landlord Parties (including, but not limited to Crude Oil cargoes and Crude Oil as defined in transit in pipelinesSection 16.2 below) to be delivered named as "additional insureds" by endorsement satisfactory in form and substance to Coffeyville Landlord. (iii) Workers' Compensation Insurance and Employer's Liability Insurance. The minimum acceptable limits for the Worker's Compensation Insurance are as set forth in the applicable statutes of the State of Texas and for the Employer's Liability Insurance are $500,000 per each accident, $500,000 disease per employee, and $500,000 disease policy limit. All such policies must contain waivers of subrogation in favor of Landlord. (iv) At all times during which construction work is being performed by or on behalf of Tenant at the Delivery PointDemised Premises, Tenant must maintain "Builder's Risk" insurance, covering the full replacement value of all such work being performed, naming Landlord as an "insured as its interest may appear," and being written in amounts of coverage that meet any coinsurance requirements of the policy or policies. b. The insurance requirements set forth in Section 15.1 (a) are independent of Tenant's waiver, indemnification, and other obligations under this Lease and cannot be construed or interpreted in any way to restrict, limit, or modify Tenant's waiver, indemnifications, and other obligations or to limit in any way Tenant's liability under this Lease. In addition to the event that the market value requirements set forth in Section 15.1 (a), each insurance company issuing one or potential full replacement cost more of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the policies of insurance limits available or the insurance limits available at commercially reasonable rates Tenant is required to carry under this Article 15 must have a rating of no less than ANIII in the current Best's Insurance Guide or A- in the current Standard and Poor Insurance Solvency Review and must be admitted to engage in the business of insurance marketplacein the State of Texas. The insurance Tenant is required to carry under this Lease must be primary insurance for all claims under such insurance and must provide that any insurance carried by the Landlord Parties is strictly excess, Supplier will maintain the highest secondary, and noncontributing with any insurance limit available at commercially reasonable rates; provided, however, carried by Tenant. The insurance Tenant is required to carry under this Lease must provide that Supplier will promptly notify Coffeyville (and, in any event prior to the transportation of any Crude Oil that would it cannot be fully insuredcanceled, not renewed, or be subject to a change in coverage or limits of coverage except after thirty (30) of Supplier’s inability days' prior written notice to fully insure any Crude Oil Landlord and Landlord's lenders. Tenant is permitted to provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, mayits insurance through a blanket policy as long as Tenant, at its option Tenant's sole cost and expense, procures a "per location" endorsement, or an equivalent reasonably acceptable to Landlord. c. Tenant must deliver to Landlord adequate proof that Tenant is carrying the type and amount of insurance coverage required by this Lease before Tenant enters onto the Demised Premises and at any time (but no more than twice per year) upon prior notice request from Landlord. Additionally, Tenant must deliver to SupplierLandlord, endeavor to procure and provide such property damage no less than thirty (30) days before the expiration date of any policy, adequate proof that Tenant has obtained renewal or replacement coverage for at least one (1) year immediately following such expiration. While the Crude Oilfollowing checklist does not override the requirements of the preceding sentences, it is intended to give Tenant a preliminary checklist of the insurance documentation Landlord requires: ■ ▇▇▇▇▇ Form 27 "Evidence of Insurance" (for Property Insurance, Builder's Risk Insurance, Commercial General Liability Insurance, Worker's Compensation Insurance, and Employers' Liability Insurance). ■ Copies of all additional insured endorsements (which must be on ISO Form 2026 or an ISO form which replaces such form). ■ Copies of all loss payee endorsements. ■ Copies of all mortgagee clauses. ■ Copies of all waivers of subrogation. (b) Comprehensive or commercial general liability coverage and umbrella or excess liability coverage, which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum amount of $300,000,000 per occurrence and $500,000,000 in the aggregate.

Appears in 1 contract

Sources: Building Lease (First Surgical Partners Inc.)

Insurance Coverages. Supplier shall 15.1 Landlord must procure and maintain in full force and effect throughout the term of this Agreement lease a policy or policies of insurance, at its sole cost and expense (but subject to Article 6 above), causing the Project to be insured under Special Form or similar property insurance and commercial general liability insurance (with whatever deductibles, endorsements, exceptions or special coverages Landlord, in its sole discretion, may consider appropriate), to the extent necessary to comply with Landlord’s obligations pursuant to other provisions of this lease. 15.2 Tenant must procure and maintain throughout the term of this lease a policy or policies of insurance, at its sole cost and expense, (a) causing Tenant’s fixtures and contents to be fully insured for their replacement value under standard Special Form or similar property insurance, (b) providing commercial general liability insurance insuring Tenant, on an occurrence basis, against all claims, demands, or actions arising out of or in connection with Tenant’s use or occupancy of the following types Demised Premises, or by the condition of the Demised Premises, and (c) providing worker’s compensation insurance in statutory amounts and employer’s liability coverage with insurance companies rated limits of not less than A- $500,000.00. Tenant’s commercial general liability policy or policies must provide coverage with a combined single limit of not less than $1,000,000 per occurrence (with no offset for occurrences on property other than the Demised Premises), must list Landlord as a loss payee (as to the Special Form or similar property insurance), as to Landlord’s interest in any of Tenant’s property, and as an “additional insured” (as to all other insurance, including, without limitation, the commercial general liability insurance), and must be written by A.M. Best, or otherwise reasonably insurance companies and on forms and with deductibles satisfactory to Coffeyville Landlord, and Tenant’s insurance shall be primary (with any policies of Landlord or Landlord’s mortgagees being excess, secondary and non-contributory). Additionally, Tenant’s worker’s compensation and employer’s liability policies must include waivers of subrogation in respect favor of Supplier’s purchase Landlord. Tenant must obtain a written obligation on the part of Crude Oil cargoes under this Agreement each insurance company to notify Landlord at least thirty (provided 30) days prior to cancellation or modification of such insurance. Tenant must promptly deliver such policies or duly executed certificates of insurance to Landlord before Tenant occupies any portion of the foregoing shall not limit Coffeyville’s obligation Demised Premises and must promptly deliver renewals thereof as required to reimburse any insurance costs pursuant to Articles 6 and 7): (a) Property (cargo) damage coverage on an “all risk” basis in an amount sufficient to cover the market value or potential full replacement cost of all Crude Oil (including, but not limited to Crude Oil cargoes and Crude Oil in transit in pipelines) to be delivered to Coffeyville Landlord at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier will maintain the highest insurance limit available at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville (and, in any event least thirty days prior to the transportation expiration of any Crude Oil that would not be fully insuredthe respective policy terms. If Tenant should fail to comply with the foregoing requirements relating to insurance, Landlord may obtain such insurance and Tenant must pay to Landlord on demand as additional rental hereunder the premium cost thereof plus interest at the maximum contractual rate (but in no event to exceed 1 ½% per month) from the date of Supplier’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude Oilpayment by Landlord until repaid by Tenant. (b) Comprehensive or commercial general liability coverage and umbrella or excess liability coverage, which includes bodily injury, broad form property damage and contractual liability, marine or charterers’ liability and “sudden and accidental pollution” liability coverage in a minimum amount of $300,000,000 per occurrence and $500,000,000 in the aggregate.

Appears in 1 contract

Sources: Office Lease (Quality Systems Inc)