Insurance Indemnity. During the term of this Agreement, Manager shall at all times keep the Facility Insured with the kinds and amounts of insurance described below, This Insurance shall be written by companies authorized to do insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses shall be payable to Owner and Manager as provided in Section 5.05 below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owner, Manager, and each mortgagee. Evidence of insurance shall be deposited with Owner and, if requested, with any mortgagee(s). The policies on the Facility shall insure against the following risks: (i) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02); (ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner and Manager from time to times: (iii) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage; (iv) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence; (v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In the State of North Carolina; (vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, and (vii) Workers compensation.
Appears in 1 contract
Insurance Indemnity. During A. Tenant, at its sole cost and expense, shall, throughout the term Term, procure and maintain:
i. Comprehensive public liability insurance with respect to the Premises and Tenant’s activities therein and thereabout, insuring against liability for personal injury or death, property damage or other loss, including liability arising out of Tenant’s indemnity set forth in this AgreementLease (contractual liability endorsement) with deductibles of no more than $1,000 and a combined single limit of not less than $1,000,000.00 per occurrence for bodily injury and property damage;
ii. Worker’s Compensation Insurance in at least the statutorily required amounts; and
iii. Fire and Lightening Extended Coverage, Manager shall at Vandalism and Malicious Mischief, All Risks and Flood Insurance in an amount adequate to cover the replacement costs of all times keep personal property, decorations, trade fixtures, furnishings, equipment, and all contents of the Facility Insured with the kinds and amounts of Premises; and
iv. Such other insurance described below, This Insurance as may be reasonably determined by Landlord.
B. Tenant’s insurance shall be written by companies authorized with a Best’s A+ rated company licensed to do insurance transact business In in the State of North CarolinaFlorida. The policies must name Owner Landlord shall be named as an additional insured. Losses insured under Tenant’s insurance, and such insurance shall be payable primary and non-contributing with any insurance carried by Landlord. If, on account of the failure of Tenant to Owner comply with the above, Landlord is adjudged to be a co-insurer by its insurance carrier, then any loss or damage Landlord may sustain by reason thereof shall be borne by Tenant and Manager shall be immediately paid by Tenant upon receipt of a xxxx thereof. Tenant’s insurance policies shall contain endorsements requiring thirty (30) days notice to Landlord prior to any cancellation or any reduction in amount of coverage. Tenant shall deliver to Landlord as provided a condition precedent to its taking occupancy of the Premises (but not to its obligation to pay Rent), a certificate or certificates evidencing such insurance acceptable to Landlord, and Tenant shall upon the expiration of such policies, deliver to Landlord certificates of insurance evidencing the renewal of such policies.
C. Tenant, as a material part of the consideration to be rendered to Landlord, hereby agrees that it will indemnify Landlord and save it harmless from and against any and all claims actions, damages, liability and expense in Section 5.05 belowconnection with loss of life, personal injury and or damage to property arising from or out of any occurrence in, upon or at the Premises and the Land, or the occupancy or use by Tenant of the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, employees, licensees, invitees, third persons in or about the Premises. In case Landlord shall be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney’s fees incurred or paid by Landlord in connection with such litigation. In addition, the policies shall name Tenant, as an additional insured any mortgagee a material part of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Ownerconsideration to be rendered to Landlord, Manager, and each mortgagee. Evidence of insurance shall be deposited with Owner and, if requested, with any mortgagee(s). The policies on the Facility shall insure hereby waives all claims against the following risks:
(i) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner and Manager from time to times:
(iii) Claims Landlord for personal injury or death, property damage under a policy or other loss to Tenant, its agents, employees, licensees, invitees or third persons in or about the Premises and the Land from any cause, except Landlord’s gross negligence, arising at any time. Notwithstanding anything to the contrary in this Section, the amounts of general public insurance required of Tenant shall not be construed in any manner whatsoever so as to limit Tenant’s liability insurance with amounts not less than One Million hereunder and No/100 Dollars ($1,000,000.00) per occurrence in respect Tenant’s indemnification and holding harmless of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in Landlord shall survive the area and is available from insurance companies authorized to do business In the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) termination of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, and
(vii) Workers compensationLease.
Appears in 1 contract
Insurance Indemnity. During the term of this Agreement, Manager 13.1 Landlord shall at all times keep the Facility Insured with the kinds and amounts of insurance described below, This Insurance shall maintain or cause to be written by companies authorized to do insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses shall be payable to Owner and Manager as provided in Section 5.05 below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owner, Manager, and each mortgagee. Evidence of insurance shall be deposited with Owner and, if requested, with any mortgagee(s). The policies on the Facility shall insure against the following risks:
(i) Loss or damage by maintained fire and such other risks as may be included in the broadest form of extended coverage insurance in respect of the Building and other improvements on the Land normally covered by such insurance (except for the property Tenant is required to cover with insurance under Section 13.2) for the benefit of Landlord and any other parties Landlord may at any time and from time to time availabledesignate, including as their interests may appear, but not limited to loss or damage from leakage for the benefit of any sprinkler system now or hereafter installed Tenant. The fire and extended coverage insurance will be in the Facility, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and in any event full replacement cost of the Building, provided that such coverage is commercially reasonably available. Landlord shall also maintain or cause to be maintained commercial general liability insurance in an amount not less than one hundred percent (100%) $5,000,000. Landlord may also maintain any other forms and types of the then full replacement value thereof (as defined below insurance which Landlord shall deem reasonable in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to the Building and Land. Landlord shall have the right to provide any one accident as may insurance maintained or caused to be reasonably agreed maintained by Owner and Manager from time to times:it under blanket policies.
13.2 Tenant shall maintain the following insurance: (iiia) Claims for personal injury or property damage under a policy of comprehensive general public liability insurance in respect of the Leased Premises and the conduct and operation of business therein, with amounts Landlord as an additional insured, with a combined single limit for bodily injury or death and property damage of not less than One Million $5,000,000, and No/100 Dollars ($1,000,000.00b) per occurrence fire and extended coverage insurance in respect of bodily injuryTenant's stock in trade, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrencefixtures, furniture, furnishings, removable floor coverings, equipment, and Three Hundred Thousand all other property of Tenant in the Leased Premises in any amounts required by any fee mortgagee but not less than 80% of the full insurable value of the property covered and No/100 Dollars not less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies. Landlord may, after the expiration of the fifth Fiscal Year, require, on one occasion, that the combined single limit for the comprehensive general public liability insurance to be maintained by Tenant be increased so long as the increase is commercially reasonable. Tenant shall deliver to Landlord and to any additional insured certificates for such fully paid-for policies prior to the Commencement Date. Tenant shall procure renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord certificates therefor before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New Jersey, and all such policies shall contain a provision whereby the same cannot be cancelled unless Landlord and any additional insured(s) are given at least 20 days' prior written notice of such cancellation. Upon request, Tenant will deliver duplicate originals of the actual policies to Landlord.
13.3 Tenant shall not do, permit or suffer to be done any act, matter, thing or failure to act in respect of the Leased Premises or use or occupy the Leased Premises or conduct or operate Tenant's business in any manner objectionable to any insurance company ($300,000.00provided Tenant is on notice of such objection) whereby the fire insurance or any other insurance then in effect in respect to the Land and Building or any part thereof shall become void or suspended or whereby any premiums in respect of insurance maintained by Landlord shall be higher than those which would normally have been in effect for the occupancy contemplated under Article 8. If Tenant breaches the provisions of this Section 13.3, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord and the fee mortgagees and hold Landlord and the fee mortgagees harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such breach by Tenant and (b) pay to Landlord any and all increases or premiums on any insurance.
13.4 Tenant shall indemnify and hold harmless Landlord and its respective directors, officers, agents, employees and invitees from and against any and all losses, claims, damages and liabilities (including without limitation, legal fees and other expenses as such fees and expenses are incurred) that arise out of, or are based upon, any actions, operations or other events occurring (a) in the Building to the extent caused by the acts, omissions or negligence of Tenant or any of its subtenants or licensees or its or their directors, officers, agents, employees, invitees or contractors, and (b) in the Leased Premises to the extent caused by the acts, omissions or negligence of a third party or force majeure.
13.5 Landlord shall indemnify and hold harmless Tenant, its directors, officers, agents, employees and invitees from and against any and all losses, claims, damages and liabilities (including, without limitation, legal fees and other expenses as such fees and expenses are incurred), that arise out of, or are based upon, any actions, operations or other events occurring (a) in the Building to the extent caused by the acts, omissions or negligence of Landlord, and (b) in the Building (except for the Leased Premises) to the extent caused by the acts, omissions or negligence of a third party or force majeure.
13.6 Each party waives any right of recovery against the other party and releases all claims arising in any manner in its (the "Injured Party's") favor and against the other party for any loss or damage to the Injured Party's property damage(real or personal) located within or constituting a part of or all of the Building. The parties intend that such waiver and release apply to their respective insurers and act to waive any rights of subrogation that such insurers may have against the other party. This waiver and release apply to the extent the loss or damage is (1) covered by the Injured Party's insurance or (2) would be covered by the insurance the Injured Party is required to carry under this Lease, whichever is greater. The waiver and release also apply to each party's directors, officers, employees, shareholders and agents.
13.7 Notwithstanding anything to the contrary in this Lease, all indemnity obligations of Landlord and Tenant arising under this Lease, and all claims, demands, damages and losses assertable by Landlord and Tenant against the other in any suit or cause of action arising out of or relating to this Lease, the Leased Premises, the Building or the property on which the Building is located, or the use and occupancy thereof, are limited as follows:
(a) by the releases and waivers expressed herein, including, without limitation, the mutual releases and waivers of rights set forth in Section 13.6;
(ivb) Claims arising out of malpractice in an amount all claims for indemnification and other recoveries shall be limited to direct, proximately caused damages and exclude all consequential and indirect damages, including, but not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in limited to, business loss or interruption, suffered by the area and is available from insurance companies authorized to do business In party asserting the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during claim or seeking the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, recovery; and
(viic) Workers compensationin the event that Landlord and Tenant (or the persons for whom they are liable as expressly set forth herein) are determined to be contributorily responsible for the indemnified injury or loss, each indemnitor's obligation is limited to the indemnitor's equitable share of the losses, costs or expenses to be indemnified against based on the relative culpability of each indemnifying person whose negligence or willful acts or omissions contributed to the injury or loss.
Appears in 1 contract
Insurance Indemnity. During PROPERTY AND LIABILITY INSURANCE: Except where otherwise provided for in this Article:
13.1 Lessee shall keep all buildings and improvements and all fixtures on, in or appurtenant to the Premises at the commencement of the term of this Agreementhereof and thereafter erected thereon or installed therein, Manager shall at including all times keep alterations, rebuildings, replacements, changes, additions and improvements, insured against loss or damage by fire, lightning, and if necessary, flood insurance and all other risks included in the Facility Insured with the kinds and amounts of insurance described below, This Insurance shall be written by companies authorized to do insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses shall be payable to Owner and Manager as provided in Section 5.05 below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owner, Manager, and each mortgagee. Evidence of fire insurance shall be deposited policy with Owner and, if requested, with any mortgagee(s). The policies on the Facility shall insure against the following risks:
(i) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance a customary All-Risk Extended Coverage Endorsement attached from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner and Manager from time to times:
(iii) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 in an amount sufficient to prevent Owner Lessor from becoming a co-insurer, andnot, however, less than the full replacement value thereof. Lessor and/or mortgagee, as applicable shall be the loss payee of any such policy. There shall also be a standard New York or equivalent mortgage endorsement at the request of any mortgagee.
13.2 Lessee shall pay, provide and keep in force Comprehensive General Liability Insurance against claims for bodily injury, death or property damage occurring on, in or about the Premises, and on, in or about the adjoining streets, property and passageways arising out of the ownership, operation and control of the Premises, including, but not limited to contractual liability in connection with the indemnification of Lessor herein, and in connection with any liability of Lessor to Lessee's employees or other persons, in total limits of not less than $3,000,000.00 in respect to bodily injury or death to any one person, and $5,000,000.00 in respect to any one occurrence, accident or disaster and property damage with limit of not less than $3,000,000.00 or such other amounts as may from time to time be reasonably required by Lessor, or the holder of the first mortgage. Lessee shall cause Lessor and any mortgagee to be named as an additional named insured on said liability insurance.
13.3 Lessee shall, at its expense, provide and keep in force for the benefit of Lessor and Lessee, rent insurance in an amount at least equal to the then annual Base Rent payable hereunder, plus one (vii1) Workers compensationyear's real estate taxes, water, all insurance costs for the period, sewer and assessment charges, and the cost of the annual premiums required to be paid for the coverage provided for under this Article.
13.4 Lessee shall provide, at Lessee's expense, such other insurance and in such amounts as may, from time to time, be reasonably required by Lessor, wherein Lessor is named as an additional named insured, or by the holder of any mortgage to which this Lease is subject, against such other insurable hazards as at the time are normally insured against in cases of Premises similarly situated and similarly used due regard being given to the height and type of building on the Premises, its construction, use and occupancy.
13.5 All insurance required to be provided by Lessee by the provisions of this Article shall be carried in favor of Lessor, Lessee and Mortgagee, as their respective interests may appear, in such responsible companies and in such form as shall be reasonably satisfactory to Lessor and to the holder of any mortgage to which this Lease is subject and subordinate.
13.6 In the event either party shall be named as one of the insureds in a policy insuring the property of the other party, said party agrees to endorse promptly, without recourse, any check, draft or order for the payment of money representing the proceeds of any such policies or representing any other payment growing out of or in connection with any such policy, and does hereby irrevocably waive any and all rights in and to such proceeds and payments, so that the party whose property is insured shall be the sole recipient of such proceeds and payments.
13.7 All policies referred to hereunder, and required to be procured by Lessee, shall be paid for by Lessee and shall be non-assessable and shall require thirty (30) days prior notice by the insurer by registered mail to Lessor and to the holder of any mortgage to which this Lease is subject and subordinated of any cancellation thereof or change therein affecting the coverage thereunder.
13.8 If Lessee fails to procure the insurance as required hereunder, Lessor reserves the unqualified right at any time, after thirty (30) days notice, to secure any insurance that is required of Lessee at Lessee's expense. On Lessor's written demand, reimbursement shall be made as Additional Rent.
13.9 Lessee shall procure policies for all said insurance for periods of not less than one (1) year and shall deliver to Lessor such policies in evidence of the payment of premiums thereon and shall procure renewals thereof from time to time, delivering certificates of said renewals to the Lessor at least thirty (30) days before the expiration thereof, together with evidence of payment.
13.10 All insurance policies required to be maintained under this Lease shall provide for mutual waivers of subrogation, and shall provide that no act or omission of Lessee shall limit the obligation to pay any loss sustained by or payable to Lessor and/or the mortgagee.
13.11 Lessee will not do or suffer to be done, or keep or suffer to be kept, anything in, upon or about the Premises which will contravene insurance policies insuring against loss or damage by fire or other hazards (including, without limitation, public liability) or which will prevent Lessor from procuring such policies in companies acceptable to Lessor.
Appears in 1 contract
Insurance Indemnity. (a) During the original term of this AgreementLease, Manager Tenant shall at all times keep the Facility Insured Demised Premises insured with the kinds and amounts of insurance insurance-described below, . This Insurance insurance shall be written by companies authorized to do insurance business In in the State of North Carolina. The policies must name Owner Landlord as an additional insured. , Losses shall be payable to Owner Landlord and Manager Tenant as provided in Section 5.05 10(e) below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgageemortgagees's loss payable endorsement. endorsement Any loss adjustment shall require the written consent of OwnerLandlord, ManagerTenant, and each mortgagee. Evidence of insurance shall be deposited with Owner Landlord and, if requested, with any mortgagee(s). The policies on the Facility Demised Premises shall insure against the following risks:
(i) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facilityfacility or on the Premises, in amounts sufficient to prevent Owner Landlord or Manager Tenant from becoming a co-insurer coinsurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02Paragraph (b);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facilityfacility, in such limits with respect to any one accident as may be reasonably agreed by Owner Landlord and Manager Tenant from time to times:time;
(iii) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 No/100 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In in the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 Paragraph (a) in an amount sufficient to prevent Owner Landlord from becoming a co-insurer, coinsurer; and
(vii) Workers Worker's compensation.
Appears in 1 contract
Insurance Indemnity. During (a) Tenant shall cause the term insurance policies required to be maintained pursuant to Paragraph 14 of this Agreementthe Lease to cover the Generator and any claims, Manager shall at all times keep the Facility Insured demands, suits, liability, damage or loss arising in connection with the kinds and amounts of insurance described belowpresence, This Insurance shall be written by companies authorized to do insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses shall be payable to Owner and Manager as provided in Section 5.05 below. In additionuse, the policies shall name as an additional insured any mortgagee operation, installation, repair, maintenance, or removal of the Facility Generator; provided that, in addition to the coverages required under Paragraph 14 of the Lease, Tenant shall provide to Landlord, and maintain in effect until such time as the Generator is removed in accordance with applicable legal requirements, a Pollution Legal Liability Policy in the minimum amount of One Million Dollars ($1,000,000), naming Landlord and the Security Holders (if so designated by way of Landlord) as additional insureds and otherwise in a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require and issued by a company reasonably satisfactory to Landlord.
(b) Tenant hereby agrees to protect, defend, indemnify and hold Landlord and the written consent of Owner, Managerother Landlord Indemnitees, and each mortgagee. Evidence of insurance shall be deposited with Owner andthem, if requested, with harmless from and against any mortgagee(s). The policies on the Facility shall insure against the following risks:
(i) Loss and all Claims arising from or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and connected in any event way with the Generator or the operations of Tenant or any Tenant Parties in an amount not less than one hundred percent connection therewith (100%) of the then full replacement value thereof (as defined below in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits except with respect to any one accident as may Landlord Indemnitee, to the extent caused by (i) the negligence of such Landlord Indemnitee and not covered by the insurance required to be reasonably agreed carried by Owner and Manager from time to times:
Tenant hereunder, (ii) the gross negligence or willful misconduct of such Landlord Indemnitee, or (iii) Claims for the criminal activity of such Landlord Indemnitee, or except to the extent otherwise prohibited by Applicable Laws), or a breach of any representation, warranty, covenant, or condition of this Paragraph 31, including, without limitation, (A) all foreseeable and unforeseeable consequential damages, (B) the costs of any required or necessary repair, cleanup or detoxification, (C) any violation of Applicable Laws, (D) any lawsuit brought or threatened, settlement reached, or government order, (E) any personal injury injuries or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrencedamage, and Three Hundred Thousand and No/100 Dollars ($300,000.00F) for property damage;
(iv) Claims arising out any migration of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting hazardous substances from the occurrence of any of Generator. The foregoing indemnity shall survive the hazards described in subsections (i) and (ii) expiration or earlier termination of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, and
(vii) Workers compensationLease.
Appears in 1 contract
Samples: Lease Agreement (Harmonic Inc)
Insurance Indemnity. (a) During the original term of this AgreementLease, Manager Tenant shall at all times keep the Facility Insured Demised Premises insured with the kinds and amounts of insurance described below, . This Insurance insurance shall be written by companies authorized to do insurance business In in the State of North Carolina. The policies must name Owner Landlord as an additional insured. Losses shall be payable to Owner Landlord and Manager Tenant as provided in Section 5.05 10(e) below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgageemortgagees's loss payable endorsement. Any loss adjustment shall require the written consent of OwnerLandlord, ManagerTenant, and each mortgagee. Evidence of insurance shall be deposited with Owner Landlord and, if requested, with any mortgagee(s). The policies on the Facility Demised Premises shall insure against the following risks:
(i1) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the FacilityFacility or on the Premises, in amounts sufficient to prevent Owner Landlord or Manager Tenant from becoming a co-insurer coinsurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02Paragraph (b);
(ii2) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner Landlord and Manager Tenant from time to times:time;
(iii3) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 No/100 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv4) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v5) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In in the State of North Carolina;
(vi6) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 Paragraph (a) in an amount sufficient to prevent Owner Landlord from becoming a co-insurer, coinsurer; and
(vii7) Workers Worker's compensation.
Appears in 1 contract
Insurance Indemnity. During the term of this Agreementa. It is understood and agreed that LESSEE shall purchase and keep in force, Manager shall at all times keep the Facility Insured with the kinds and amounts of insurance described below, This Insurance shall be written by companies authorized to do insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses shall be payable to Owner and Manager as provided when this agreement is in Section 5.05 below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owner, Managereffect, and each mortgagee. Evidence of insurance shall be deposited with Owner andat LESSEE’s own expense, if requested, with any mortgagee(s). The policies on the Facility shall insure against the following risks:
(i) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner and Manager from time to times:
(iii) Claims for personal injury or property damage under a policy of general public liability insurance with amounts coverage not less than the following: Commercial General Liability: One Million and No/100 Dollars ($1,000,000.001,000,000) combined single limit per occurrence in respect of for bodily injury, personal injury, and property damage; Two Million and No/00 Dollars ($2,000,000.002,000,000) annual aggregate per occurrencefor bodily injury, personal injury, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;.
(ivb. The insurance provided by the LESSEE pursuant to this Agreement shall apply on a primary basis and any other insurance or self-insurance maintained by the City or its officers, agents, employees, or volunteers shall be excess of and not contributing with the insurance provided by or on behalf of the LESSEE.
c. The LESSEE’s General Liability and any umbrella or excess liability policies shall be endorsed to add the City of Mesquite, its officers, agents, employees and volunteers as additional insureds. The LESSEE’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limit of the insured’s liability. Said additional insured to be designated as follows: City of Mesquite, 00 X. Xxxxxxxx Xxxx., Xxxxxxxx, Xxxxxx 00000.
d. As evidence of compliance with the insurance required herein, the LESSEE shall furnish the LESSOR with Certificate(s) Claims of Insurance, and original endorsements required by this contract signed by an authorized representative of the insurer(s) providing the coverages. Each insurance policy shall be endorsed to provide that coverage shall not be canceled, suspended, voided, non-renewed, or restricted in coverage or limits by the LESSEE or the insurer except after 30 days prior written notice by certified mail, return receipt requested, has been given to LESSOR.
e. LESSEE shall indemnify LESSOR against all expenses, including reasonable attorney’s fees, liabilities and claims of every kind, brought by or on behalf of any person or entity arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized a failure by LESSEE to do business In the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of perform any of the hazards described in subsections (i) and (ii) terms or conditions of this Section 5.01 Agreement and as result of any injury or damage happening on or about the Property, unless caused solely by the negligence of the LESSOR.
f. The right to indemnification shall be in an amount sufficient addition to, and not in lieu of, any other remedy otherwise available to prevent Owner from becoming the LESSOR. This indemnification obligation shall not be diminished or limited in any way to the total limits of insurance required in this contract or otherwise available to the LESSEE.
g. It is understood and agreed that LESSEE, upon signing this Agreement, will provide the LESSOR with a co-insurercopy of the insurance binder, andand within not more than fifteen (15) days after the effective date of the policy, furnish to LESSOR a certificate of insurance relative to said policy.
(vii) Workers compensationh. It is understood and agreed that if the LESSEE does not keep insurance, as required in this agreement, in full force and effect, LESSOR may void and terminate this Agreement.
Appears in 1 contract
Samples: Real Estate Exchange Agreement
Insurance Indemnity. (a) Tenant shall at all times during the original term and any extension thereof, carry and maintain, for the mutual benefit of Landlord, Tenant and Landlord's designated mortgagee, general public liability insurance issued by a company or companies licensed to do business in North Carolina and which are approved by Landlord (which approval shall not be unreasonably withheld) against claims for personal injury, sickness, or disease, including death and property damages in, on or about the Premises, such insurance to afford protection to the limit of not less than $1,000,000.00 in respect to each person, and to the limit of not less than $3,000,000.00 in respect to any one occurrence causing bodily injury or death, and to the limit of not less than $200,000.00 in respect to property damage. Tenant shall furnish Landlord with a duplicate certificate or certificates of such insurance policy or policies, and Tenant shall name Landlord and upon request, Landlord's mortgagee, as a party insured in such policy or policies.
(b) During the term of this AgreementLease or any extension thereof, Manager Tenant shall at all times keep maintain for the Facility Insured with benefit of Tenant, Landlord, and Landlord's designated Mortgagee, business interruption insurance sufficient to pay the kinds rent and amounts Tenant's other obligations hereunder for a period of insurance described below, This Insurance six (6) months. Tenant shall be written entitled to all payments made under such business interruption insurance to the extent such payments exceed sums necessary to pay the rent and Tenant's other obligations hereunder.
(c) During the term of this Lease or any extension thereof, Tenant shall keep all buildings and improvements on the premises insured in the amount of the full replacement cost for the benefit of Tenant, Landlord, and Landlord's designated mortgagee against loss or damage by companies authorized fire, with customary extended coverage, All proceeds payable at any time and from time to do time by an insurance business In the State of North Carolina. The company under such policies must name Owner as an additional insured. Losses (except contents belonging to Tenant and Tenant's relocation allowance, if any) shall be payable to Owner Landlord, or its designated mortgagee, The proceeds shall be utilized by Landlord and Manager as provided Tenant for the restoration of improvements in Section 5.05 belowthe event such restoration is required hereunder. In additionIf no restoration is required, the proceeds shall belong to Landlord.
(d) The insurance policies herein mentioned shall name provide thirty (30) days notice of cancellation to all parties named therein as an additional insured insured.
(e) Tenants shall fully indemnify, protect and save Landlord harmless from all expenses, claims, demands, counsel fees, costs, liabilities, judgments and executions in any mortgagee manner relating to or arising out of the Facility by way use or occupancy of a standard form the Premises for the term of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owner, Manager, and each mortgagee. Evidence of insurance shall be deposited with Owner and, if requested, with this Lease or any mortgagee(s). The policies on the Facility shall insure against the following risks:extension thereof.
(if) Loss Any provision in this Lease to the contrary notwithstanding, each party, to the extent it is permitted so to do by the terms and provisions of any such policy or damage by fire policies, hereby waives any and such other risks as may be included in all rights to recover from the broadest form of extended coverage insurance from time to time availableother, including but not limited to its agents, or employees, any loss or damage from leakage of any sprinkler system now risks ordinarily insured against under such policies, but only to the extent that such loss or hereafter installed damage is in the Facilityfact covered by such insurance and is collectible by such insured party, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms Each party further covenants and agrees that it will, upon request of the applicable other, request each such insurance company to attach to such policy or policies and in any event in an amount not less than one hundred percent (100%) issued by it a waiver of the then full replacement value thereof (as defined below in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits subrogation with respect to any one accident as may be reasonably agreed by Owner the other party, its agents and Manager from time to times:
(iii) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, and
(vii) Workers compensationemployees.
Appears in 1 contract
Insurance Indemnity. During the term of this Agreement, Manager shall at all times keep the Facility Insured insured with the kinds and amounts of insurance described below, . This Insurance insurance shall be written by companies authorized to do insurance business In in the State of North CarolinaArkansas. The policies must name Owner Lessee as an additional insured. Losses shall be payable to Owner Lessee and Manager as provided in Section 5.05 5.5 below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable payee endorsement. Any loss adjustment shall require the written consent of OwnerLessee, Manager, Manager and each mortgagee. Evidence of insurance shall be deposited with Owner Lessee and, if requested, with any mortgagee(s)) . The policies on the Facility shall insure against the following risks:
(i) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts sufficient to prevent Owner Lessee or Manager from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.025.2);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner Lessee and Manager from time to times:time;
(iii) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Three Million and No/00 No/100 Dollars ($2,000,000.003,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In in the State of North Carolina;Arkansas:
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 5.1 in an amount sufficient to prevent Owner Lessee from becoming a co-insurer, ; and
(vii) Workers Worker's compensation.
Appears in 1 contract
Insurance Indemnity. During the term of this Agreement(a) Lessee will, Manager shall at its own expense, carry and maintain "all times keep the Facility Insured with the kinds and amounts of risks" insurance described belowcoverage, This Insurance shall be written by companies authorized to do insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses shall be payable to Owner and Manager as provided in Section 5.05 below. In additionon a per occurrence basis, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owneragainst all hazards, Managerincluding, but not limited to, fire, theft, and each mortgageeextended coverage insurance naming Lessor and Lessor's lender or lenders as loss payees thereunder. Evidence Such policies of insurance shall be deposited with Owner and, if requested, with any mortgagee(s). The policies on the Facility shall insure against the following risks:
(i) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (of the Premises as defined below in Section 5.02);
(ii) Loss determined by Lessor, written by a financially sound and reputable insurer reasonably acceptable to Lessor, and shall provide for at least 30 days written notice of cancellation or damage material alteration to Lessor. Lessee shall furnish certificates as proof of such insurance upon execution of this Lease by explosion of steam boilersLessee and within 10 days after request therefore by Lessor. Any fire, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits theft and extended coverage insurance with respect to the Premises shall name Lessor as loss payee and any one accident as may proceeds from such insurance received by Lessor shall be reasonably agreed by Owner applied in accordance with the terms and Manager from time to times:provisions of Section 11 hereof. Any such deductible under such policy shall not exceed $1,000.00 per occurrence and Lessee shall be responsible for the payment for all deductibles and repairs falling within such deductible.
(iiib) Claims for personal injury or property damage under Lessee shall maintain during the term of this Lease, at its expense, a policy of commercial general public liability insurance with policy, for injury, death or damage which might result from Lessee's occupation of the Premises or business either to persons or property, in amounts not less than One Million $2,000,000.00 as to injury or loss of life of one person, $2,000,000.00 as to injury and No/100 Dollars ($1,000,000.00) per occurrence in respect loss of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv) Claims life to all persons arising out of malpractice a single accident or disaster, and $100,000.00 for accident or property damage liability. Lessee shall also maintain during the term of this Lease, at its own expense, insurance covering all plate glass in the Premises in an amount not less than One Million equal to their full replacement value from time to time insuring the same against breakage and No/100 Dollars ($1,000,000.00) for each person other damage. Lessee shall also maintain during the term of this Lease, at its expense, insurance covering all of Lessee's improvements, fixtures, merchandise and for each occurrence;other property.
(vc) Such other hazards All such insurance to be maintained by Lessee pursuant to Section 8(b) above shall be for the mutual benefit and in such amounts protection of Lessor and Lessee shall name Lessor as coinsured and shall additionally contain a provision to the effect that Lessor, although coinsured, shall be entitled to recovery under said insurance for any loss or damage occasioned to it or its servants, agents, employees, customers, visitors or licensees. Each insurance policy shall provide that it may not be customary for comparable properties in the area cancelled without giving Lessor thirty (30) days prior written notice thereof. A copy of each insurance policy and is available from insurance companies authorized any renewals thereof shall be furnished by Lessee to do business In the State of North Carolina;Lessor.
(vid) Loss Lessee agrees to indemnify and hold harmless Lessor from and against all third-party claims of rental under a rental value insurance policy covering a risk whatever nature arising from any act, omission or negligence of loss Lessee, or Lessee's officers, agents or employees, or arising from any accident, injury or damage whatsoever caused to any third person, or to the property of any such person, occurring during the first six (6) months term of reconstruction resulting this Lease in or about the Premises or arising from any accident, injury or damage occurring outside the occurrence Premises where such accident, damage or injury results from an act or omission on the part of Lessee or Lessee's officers, agents or employees. Lessee does also hereby indemnify Lessor against any expense, loss or liability paid, suffered or incurred as the result of any breach by Lessee, its servants, against, employees, customers, visitors or licensees, of any covenant or condition contained in this Lease or as a result of Lessee's use or occupation on the hazards described in subsections (i) and (ii) Premises or the careless, negligent or improper conduct of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurerLessee, and
(vii) Workers compensationits servants, agents, employees, customers, visitors or licensees.
Appears in 1 contract
Samples: Lease (Austins Steaks & Saloon Inc)
Insurance Indemnity. During the term of this Agreement, Manager Owner shall at all times keep the Facility Insured insured with the kinds and amounts of insurance described below, . This Insurance insurance shall be written by companies authorized to do insurance business In in the State of North CarolinaMichigan. The policies must name Owner Manager as an additional insured. Losses shall be payable to Owner and Manager as provided in Section 5.05 below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owner, Manager, and each mortgagee. Evidence of insurance shall be deposited with Owner Manager and, if requested, with any mortgagee(s). The policies on the Facility shall insure against the following risks:
(i) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02);
; (ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner and Manager from time to times:
time; (iii) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 No/100 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
; (iv) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
; (v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In in the State of North Carolina;
Michigan; (vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, and
and (vii) Workers Worker's compensation. Manager shall have the option, but not the obligation, to carry its own primary or supplemental malpractice insurance.
Appears in 1 contract
Insurance Indemnity. During Licensee shall, at its sole cost and expense, procure and maintain throughout the term of this Agreement, Manager shall at all times keep the Facility Insured with the kinds and amounts of insurance described below, This Insurance shall be written by companies authorized to do insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses shall be payable to Owner and Manager as provided in Section 5.05 below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owner, Manager, and each mortgagee. Evidence of insurance shall be deposited with Owner and, if requested, with any mortgagee(s). The policies on the Facility shall insure against the following risksTerm:
(i) Loss or damage by fire 13.1 Comprehensive public liability insurance and such other risks as may be included in the broadest form of extended coverage automobile liability insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner the Premises and Manager from time to times:
(iii) Claims Licensee's activities therein and thereabout, insuring against liability for personal injury or death, property damage under a policy of general public liability insurance or other loss in amounts no less than:
(a) $1,000,000.00 in underlying coverage with amounts respect to personal injury or death to any one person and not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence 5,000,000.00 in respect of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damageexcess coverage;
(ivb) Claims $2,000,000.00 in underlying coverage with respect to personal injury or death arising out of malpractice in an amount any one (1) occurrence and not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence5,000,000.00 in excess coverage;
(vc) Such $1,000,000.00 in underlying coverage with respect to property damage or other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence arising out of any of the hazards described one (1) occurrence and not less than $5,000,000.00 in subsections (i) and (ii) of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, excess coverage; and
(viid) Workers compensationWorker's Compensation Insurance in at least the statutorily required amounts.
13.2 The above insurance shall be with a carrier licensed to transact business in the state in which the Premises are located. Licensor and Licensor's mortgagees, if any, shall be named as additional insured under Licensee's insurance, and such insurance shall be primary and non-contributing with any insurance carried by Licensor. If on account of the failure of Licensee to comply with the above, Licensor is adjudged to be a coinsurer by its insurance carrier, then any loss or damages Licensor may sustain by reason thereof shall be borne by Licensee and shall be immediately paid by Licensee upon receipt of a bill xxxreof. Licensee's insurance policies shall contain endorsements requiring thirty (30) days' notice to Licensor and Licensor's mortgagees, if any, prior to any cancellation or any reduction in amount of coverage. Licensee shall deliver to Licensor as a condition precedent to its taking occupancy of the Premises (but not to its obligations to pay License Fee) a certificate or certificates evidencing such insurance acceptable to Licensor, and Licensee shall at least thirty (30) days prior to the expiration of such policies, deliver to Licensor certificates of insurance evidencing the renewal of such policies. Within fifteen (15) days of occupancy, Licensee shall provide copies of all of the above policies to Licensor.
Appears in 1 contract
Samples: License Agreement (Prosource Inc)
Insurance Indemnity. During 9.1 Tenant agrees to provide prior to commencing any Tenant work in or upon the term Premises and to keep in force during the Term, comprehensive, general and motor vehicle liability insurance including, without limitation, bodily injury, personal and property damage relating to the Premises on an occurrence basis in the minimum amount of this Agreement$1,000,000.00, Manager shall and adequate fire, extended coverage and all risk insurance on Tenant's personal property. Tenant agrees to deliver to Landlord before Tenant takes possession of the Premises or undertakes any Tenant Work in or upon the Premises and thereafter at least fifteen (15) days prior to the expiration of such policies, either duplicate originals or certified true copies of all times keep insurance policies procured by Tenant in compliance with its obliga-tions hereunder. All of the Facility Insured with the kinds and amounts of aforesaid insurance described below, This Insurance shall be written by companies authorized to do insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses shall be payable to Owner and Manager as provided in Section 5.05 below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owner, Manager, and each mortgagee. Evidence of insurance shall be deposited with Owner and, if requested, with any mortgagee(s). The policies on the Facility shall insure against the following risks:
(i) Loss one or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner and Manager from time to times:
(iii) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from more responsible insurance companies authorized to do business In in the State of North Carolina;
Florida (vi) Loss of rental such insurance may be carried under a rental value insurance blanket policy covering a risk the Premises and any other of loss during Tenant's offices) and shall name Landlord and Tenant as insureds, as their interests may appear, and shall contain endorsements that: (a) such insurance may not be canceled or amended with respect to Landlord (or its designees), except upon fifteen (15) days' notice to Landlord (and such designees) by the first six insurance company; and (6b) months expressly waives any right to subrogation by Tenant and Tenant's insurance company against Landlord.
9.2 Tenant shall indemnify and save harmless Landlord from any claims in connection with any injury or damage caused to any person or property arising out of reconstruction resulting from the occurrence of any Tenant's use or occupancy of the hazards described Premises unless caused in subsections (i) and (ii) part by the negligence of Landlord or its agents. The provisions of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, and
(vii) Workers compensationsection shall be applicable until the Lease terminates and Tenant has vacated the Premises.
Appears in 1 contract
Samples: Asset Purchase Agreement (American Caresource Holdings, Inc.)
Insurance Indemnity. a. During the original term of this AgreementLease, Manager Tenant shall at all times keep the Facility Insured Demised Premises insured with the kinds and amounts of insurance described below, . This Insurance insurance shall be written by companies authorized to do insurance business In in the State of North Carolina. The policies must name Owner Landlord as an additional insured. Losses shall be payable to Owner Landlord and Manager Tenant as provided in Section 5.05 11e. below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of OwnerLandlord, ManagerTenant, and each mortgagee. Evidence of insurance shall be deposited with Owner Landlord and, if requested, with any mortgagee(s). The policies on the Facility Demised Premises shall insure against the following risks:
(i1) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the FacilityFacility or on the Premises, in amounts sufficient to prevent Owner Landlord or Manager Tenant from becoming a co-insurer coinsurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02paragraph b.);
(ii2) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner Landlord and Manager Tenant from time to times:time;
(iii3) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 No/100 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv4) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person persons and for each occurrence;
(v5) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In in the State of North Carolina;
(vi6) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 paragraph a. in an amount sufficient to prevent Owner Landlord from becoming a co-insurer, cinsurer; and
(vii7) Workers Worker's compensation.
Appears in 1 contract
Insurance Indemnity. (a) During the term Term of this AgreementLease, Manager Tenant shall at all times keep the Facility Insured insured with the kinds and amounts of insurance described below, . This Insurance insurance shall be written by companies authorized to do insurance business In in the State of North CarolinaIndiana. The policies must name Owner Landlord as an additional insured. Losses shall be payable to Owner Landlord and Manager Tenant as provided in Section 5.05 11(e) below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of OwnerLandlord, ManagerTenant, and each mortgagee. Evidence of insurance shall be deposited with Owner Landlord and, if requested, with any mortgagee(s). The insurance policies shall provide thirty (30) days notice of cancellation to all parties named therein as insured. The policies on the Facility shall insure against the following risks:
(i) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility or on the Facility, in amounts sufficient to prevent Owner Landlord or Manager Tenant from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02Paragraph (b));
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner Landlord and Manager Tenant from time to times:time;
(iii) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.001,000,000) per occurrence in respect of bodily injury, Two Million and No/00 No/100 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In in the State of North Carolina;Indiana.
(vi) Loss of rental under a rental value Business interruption insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 Paragraph (a) in an amount sufficient to prevent Owner Landlord from becoming a co-insurer, ; and
(vii) Workers Worker's compensation.
Appears in 1 contract
Insurance Indemnity. (a) During the term of this Agreement, Manager and any extension or modification of this Agreement, Pyramid shall obtain and keep in effect a policy or policies of: (a) general liability and auto liability insurance, including (without limitation) coverage of owned and non-owned vehicles used in relation to the performance of services by SHS and for accidents and occurrences arising out of death, bodily injury, sickness and disease, of at all times keep least One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) general aggregate, and with not more than Five Thousand Dollars ($5,000) per occurrence deductible or self- insured retention; (b) workers’ compensation insurance, disability benefits and other social insurance as may be required by applicable law; (c) professional liability insurance in the Facility Insured with the kinds amount of One Million Dollars ($1,000,000), each claim/aggregate; and amounts of insurance described below, This Insurance (d) such other coverage as entities similar to SHS performing such services customarily and usually obtain. All policies shall be written by companies authorized on an occurrence basis and not a claims made basis. Upon execution of this Agreement and at any other time(s) at the LEA’s reasonable request, Pyramid shall furnish the LEA with a Certificate(s) of Insurance naming the LEA as Additional Insureds to do each said policy. All such insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses shall be payable to Owner and Manager as provided in Section 5.05 below. In addition, the policies shall name as an additional insured any mortgagee of require at least ten (10) days notice to the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of OwnerLEA prior to cancellation, Manager, and each mortgagee. Evidence of insurance shall be deposited with Owner and, if requested, with any mortgagee(s). The policies on the Facility shall insure against the following risks:termination or expiration.
(ib) Loss or damage by fire LEA covenants and such other risks as may be included in the broadest form of extended coverage insurance agrees, at its sole cost and expense to indemnify protect and hold SHS and Pyramid harmless against and from time to time availableany and all claims, liens, damages, losses liabilities, obligations, penalties, litigation costs, demands defenses, judgments, suits and proceedings whatsoever, including but not limited to loss administrative proceedings (including attorneys’ and experts fees and disbursements) which may at any time be imposed upon, incurred by or damage from leakage of any sprinkler system now asserted or hereafter installed in the Facilityawarded against SHS or Pyramid, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner and Manager from time to times:
(iii) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv) Claims arising out of malpractice or relating to the acts or omissions of the LEA, its employees, agents, officers, directors, or representatives in an amount not less than One Million connection with the performance of any services or duties owed by the LEA pursuant to this Agreement. Notwithstanding the foregoing, nothing in this agreement shall be deemed to be a direct or indirect waiver of or imitation to any sovereign or governmental immunity, in any respect, applicable to the LEA, its directors, officers, employees and No/100 Dollars agents ($1,000,000.00including, without limitation, under the Pennsylvania Political Subdivision Tort Claims Act) for each person or impose liability, directly or indirectly, on the LEA and for each occurrence;its directors, officers, employees and agents from which it would otherwise be immune under applicable law.
(vc) Such other hazards SHS covenants and agrees, at its sole cost and expense to indemnify, protect and hold LEA harmless against and from any and all claims, liens, damages, losses, liabilities, obligations, penalties, litigation costs, demands, defenses, judgements, suits and proceedings whatsoever, including administrative proceedings (including attorneys’ and expert fees and disbursements) which may at any time be imposed upon, incurred by or asserted or awarded against LEA arising out of or relating to the acts or omissions of SHS or Pyramid, its employees, agents, officers, directors, or representatives in such amounts as may be customary for comparable properties in connection with the area and is available from insurance companies authorized to do business In the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence performance of any of the hazards described in subsections (i) and (ii) of services or duties owed by SHS or Pyramid pursuant to this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, and
(vii) Workers compensationAgreement.
Appears in 1 contract
Insurance Indemnity. During the term of this Agreement, Manager Tenant shall at all times keep during the Term with respect to each Facility Insured carry and maintain with respect to the kinds Demised Premises of such Facility and amounts of insurance described below, This Insurance shall be written by companies authorized to do insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses shall be payable to Owner Personal Property and Manager as provided in Section 5.05 below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owner, Manager, and each mortgagee. Evidence of insurance shall be deposited with Owner and, if requested, with any mortgagee(s). The policies on the Facility shall insure against the following risksoperations thereon:
(ia) Loss or damage by fire Business interruption insurance, naming Tenant, Landlord and such other risks Landlord’s designated mortgagee as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts insureds sufficient to prevent Owner or Manager from becoming pay the rent and Tenant’s other obligations specifically agreed to be paid hereunder for a co-insurer within the terms period of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner and Manager from time to times:
(iii) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months or twelve (12) months, if required by Landlord’s mortgagee.
(b) Fire and hazard insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on all buildings and improvements on the Premises insured in the amount of reconstruction the full replacement cost of the Premises and the Personal Property and deductibles not to exceed $10,000, provided that the hazards that are covered shall be reasonably acceptable to Landlord and Tenant based on availability and cost. The proceeds shall be utilized by Landlord for the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the Landlord.
(c) Broad Form Comprehensive General Liability Insurance in an amount of not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage).
(d) The insurance policies herein mentioned shall provide thirty (30) days notice of cancellation to all parties named therein as insured.
(e) Any provision in this Lease to the occurrence contrary notwithstanding, each party, to the extent it is permitted to do so by the terms and provisions of any of the hazards described above policies, hereby waives any and all rights to recover from the other, its agents, or employees, any loss or damage from risks ordinarily insured against under such policies, but only to the extent that such loss or damage is in subsections (i) fact covered by such insurance and (ii) is collectible by such insured party. Each party further covenants and agrees that it will, upon request of this Section 5.01 in an amount sufficient the other, request each such insurance company to prevent Owner from becoming attach to such policy or policies issued by it a co-insurerwaiver of subrogation with respect to the other party, and
(vii) Workers compensationits agents or employees.
Appears in 1 contract
Insurance Indemnity. (a) Tenant shall at all times during the original term and any extension thereof, carry and maintain, for the mutual benefit of Landlord, Tenant and Landlord's designated mortgagee, general public liability insurance issued by a company or companies licensed to do business in North Carolina and which are approved by Landlord (which approval shall not be unreasonably withheld) against claims for personal injury, sickness, or disease, including death and property damages in, on or about the Premises, such insurance to afford protection to the limit of not less than $1,000,000.00 in respect to each person, and to the limit of not less than $3,000,000.00 in respect to any one occurrence causing bodily injury or death, and to the limit of not less than $200,000.00 in respect to property damage. Tenant shall furnish Landlord with a duplicate certificate or certificates of such insurance policy or policies, and Tenant shall name Landlord and upon request, Landlord's mortgagee, as a party insured in such policy or policies.
(b) During the term of this AgreementLease or any extension thereof, Manager Tenant shall at all times keep maintain for the Facility Insured with benefit of Tenant, Landlord, and Landlord's designated Mortgagee, business interruption insurance sufficient to pay the kinds rent and amounts Tenant's other obligations hereunder for a period of insurance described below, This Insurance six (6) months. Tenant shall be written entitled to all payments made under such business interruption insurance to the extent such payments exceed sums necessary to pay the rent and Tenant's other obligations hereunder.
(c) During the term, of this Lease or any extension thereof, Tenant shall keep all buildings and improvements on the premises insured in the amount of the full replacement cost for the benefit of Tenant, Landlord, and Landlord's designated mortgagee against loss or damage by companies authorized fire, with customary extended coverage. All proceeds payable at any time and from time to do time by an insurance business In the State of North Carolina. The company under such policies must name Owner as an additional insured. Losses (except contents belonging to Tenant and Tenant's relocation allowance, if any) shall be payable to Owner Landlord, or its designated mortgagee. The proceeds shall be utilized by Landlord and Manager as provided Tenant for the restoration of improvements in Section 5.05 belowthe event such restoration is required hereunder. In additionIf no restoration is required, the proceeds shall belong to Landlord.
(d) The insurance policies herein mentioned shall name provide thirty (30) days notice of cancellation to all parties named therein as an additional insured insured.
(e) Tenants shall fully indemnify, protect and save Landlord harmless from all expenses, claims, demands, counsel fees, costs, liabilities, judgments and executions in any mortgagee manner relating to or arising out of the Facility by way use or occupancy of a standard form the Premises for the term of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owner, Manager, and each mortgagee. Evidence of insurance shall be deposited with Owner and, if requested, with this Lease or any mortgagee(s). The policies on the Facility shall insure against the following risks:extension thereof.
(if) Loss Any provision in this Lease to the contrary notwithstanding, each party, to the extent it is permitted so to do by the terms and provisions of any such policy or damage by fire policies, hereby waives any and such other risks as may be included in all rights to recover from the broadest form of extended coverage insurance from time to time availableother, including but not limited to its agents, or employees, any loss or damage from leakage of any sprinkler system now risks ordinarily insured against under such policies, but only to the extent that such loss or hereafter installed damage is in the Facilityfact covered by such insurance and is collectible by such insured party. Each party further covenants and agrees that it will, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms upon request of the applicable other, request each such insurance company to attach to such policy or policies and in any event in an amount not less than one hundred percent (100%) issued by it a waiver of the then full replacement value thereof (as defined below in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits subrogation with respect to any one accident as may be reasonably agreed by Owner the other party, its agents and Manager from time to times:
(iii) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, and
(vii) Workers compensationemployees.
Appears in 1 contract
Samples: Lease Assignment Agreement (Centennial Healthcare Corp)
Insurance Indemnity. During (a) Tenant covenants and agrees that from and after the term date of this Agreement, Manager shall at all times keep the Facility Insured with the kinds and amounts of insurance described below, This Insurance shall be written by companies authorized to do insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses shall be payable to Owner and Manager as provided in Section 5.05 below. In addition, the policies shall name as an additional insured any mortgagee delivery of the Facility by way of a standard Premises from Landlord to Tenant, Tenant will carry and maintain, at its sole cost and expense, commercial general liability insurance (for its own account and no other insured party), which shall include broad form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Ownerproperty damage liability coverage, Managerextended (as per Insurance Services Offices ("ISO") CG 0001 04/13) including bodily injury coverage, personal and each mortgagee. Evidence of insurance shall be deposited with Owner andadvertising injury liability coverage, if requestedproduct/completed operations liability coverage, with any mortgagee(s). The policies on the Facility shall insure against the following risks:
(i) Loss or damage by fire contractual liability coverage and such other risks as may be included in the broadest form of extended coverage insurance from time to time availableindependent contractors coverage, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence and general aggregate basis for property damage, personal injury and bodily injury or death of one hundred percent or more persons, Five Million Dollars (100%$5,000,000.00) for completed operations and Five Million Dollars ($5,000,000.00) for personal and advertising injury; it being agreed that such limits may be achieved via a combination of primary and umbrella/excess insurance policies. Tenant shall be named as insured, and Landlord and Landlord’s agents, mortgagees, and such other parties as Landlord may reasonably request on written notice to Tenant shall be named as additional insureds on such policy using the standard ISO CG 20 11 (04/13) form or its equivalent. The insurance coverage required under this Section 10(a) shall be afforded under the standard ISO CG 0001 (04/13) form or its equivalent, and shall not contain any exclusion for contractual liability coverage for any of the then foregoing coverages. The insurance coverage required under this Section 10(a) shall, in addition, extend to any liability of Tenant arising out of the indemnities by Tenant provided in this Lease.
(b) Tenant shall, from and after the Commencement Date, carry and maintain, at its sole cost and expense, special form (formerly "all-risk") property insurance including coverage for loss from flood, water damage from all causes including but not limited to sprinkler damage, sewer discharge or backup, water line breakage, and overflow from adjacent properties, vandalism and malicious mischief, covering all of Tenant’s fixtures, equipment, personal property, wall coverings, contents and Tenant Changes now existing or to be added, to the extent of their full replacement value thereof (costs as defined below in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner and Manager updated from time to times:
(iii) Claims for personal injury or property damage under a time during the Term. Any such policy of general public liability property insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect shall contain a provision that the insurer waives any right of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, and
(vii) Workers compensationsubrogation against Landlord.
Appears in 1 contract
Insurance Indemnity. During A. Landlord shall secure and maintain throughout the Lease Term insurance in amounts and form within Landlord's reasonable discretion and customary for landlords of similar projects to carry including:
(1) Fire and casualty insurance, with extended coverage endorsement attached, in the amount of the full replacement value of the Building;
(2) Commercial general liability insurance (including bodily injury and property damage insurance) with respect to the Project but not to the Leased Premises or other tenant occupied space;
(3) Rental Abatement Insurance against loss of rent in case of fire or other casualty. Landlord may, but is not obligated to, purchase such other insurance customarily purchased from time to time by owners and managers of similar buildings in the Northern Virginia area. Notwithstanding the provisions of Paragraph 7.A(2) above, Landlord may charge Tenant any excess cost of the insurance described in this Paragraph 7.A charged by the insurance carrier due to the particular use of the Leased Premises by Tenant.
B. Tenant shall, at its own expense, procure and maintain throughout the term of this Agreement, Manager shall at all times keep the Facility Insured with the kinds and amounts of insurance described below, This Insurance shall be written by companies authorized to do insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses shall be payable to Owner and Manager as provided in Section 5.05 below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owner, Manager, and each mortgagee. Evidence of insurance shall be deposited with Owner and, if requested, with any mortgagee(s). The policies on the Facility shall insure against the following risksLease:
(i1) Loss Commercial general liability insurance without deductible insuring Tenant's activities with respect to the Leased Premises against loss, damage or liability for personal injury or death, damage by fire and such other risks as may be included in to property or commercial loss occurring on or about the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the FacilityLeased Premises, in amounts sufficient no less than:
(a) One Million and 00/100 Dollars ($1,000,000) with respect to prevent Owner personal injury or Manager from becoming a co-insurer within the terms of the applicable policies and in death to any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02)person;
(iib) Loss Five Million and 00/100 Dollars ($5,000,000) with respect to personal injury or death arising out of any one occurrence;
(c) One Million and 00/100 Dollars ($1,000,000) with respect to property damage by explosion arising out of steam boilers, pressure vessels or similar apparatus, now or hereafter installed any one occurrence;
(2) Workers' compensation insurance in at least the Facility, in such limits statutory amounts with respect to any one accident as may be reasonably agreed by Owner and Manager from time to times:
(iii) Claims for personal injury work or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence other operations in respect of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damageor about the Leased Premises;
(iv3) Claims Any other form or forms of insurance that Landlord or any mortgagee of Landlord may reasonably require and such other insurance in form, amounts and for insurance risks as a prudent tenant operating a similar business would maintain to protect itself. Landlord and Landlord's mortgagee, if required by the Mortgagee, shall be named as additional insureds under such insurance and such insurance shall be primary and non-contributing with any insurance carried by Landlord. The liability insurance policy shall contain endorsements requiring thirty (30) days notice to Landlord prior to any policy cancellation or any reduction in the amount of coverage of such insurance. Tenant shall deliver to Landlord, as a condition precedent to its taking occupancy of the Leased Premises (but not to its obligation to pay Rent), a certificate (or certificates) evidencing such insurance. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, hereby waives all claims against Landlord for injury to Tenant, its agents, employees, invitees or third persons in or about the Leased Premises from any cause arising at any time, except those which arise because of the gross negligence or willful misconduct of Landlord, its agents or employees.
C. Tenant shall indemnify, defend and hold harmless Landlord, its members, partners, shareholders, officers, agents, employees and assigns, from and against any and all injuries, losses, damages, lawsuits, actions, causes of action, judgments, claims and expenses (including reasonable attorneys' fees and costs, whether or not suit is actually brought) of every nature whatsoever arising from Tenant's use of the Leased Premises, or the Project; the conduct of Tenant's business therein; the addition by Tenant of any improvements thereto; any activity, work or action done, permitted or suffered by Tenant in or about the Leased Premises, or the Project; any breach or default in the performance of any of Tenant's obligations under this Lease; or any act, neglect, fault or omission of Tenant or of its agents, employees, invitees or licensees (collectively, "Tenant's Invitees"). This indemnity shall survive the termination or expiration of this Lease.
D. All personal property of Tenant located in the Leased Premises or in the Project shall be at the sole risk of Tenant. Landlord shall not be liable for any damage thereto or for the theft or misappropriation thereof, unless such damage, theft or misappropriation is directly attributable to the gross negligence or willful misconduct of Landlord, its agents or employees. Except as otherwise provided herein, Tenant hereby expressly releases Landlord from any liability incurred or claimed by reason of damage to Tenant's property. Landlord shall not be liable in any manner, nor shall this Lease be affected, for conditions arising or resulting from construction on contiguous premises.
E. Landlord shall not be liable in any manner to Tenant or Tenant's employees, agents and invitees for any injury or damage to them or their property caused by the criminal or intentional misconduct of third parties and all claims against Landlord for any such damage or injury are hereby expressly waived by Tenant except in the case of Landlord's gross negligence or willful misconduct. Tenant hereby agrees to hold harmless and indemnify Landlord from all damages and expenses of defending claims made by Tenant's invitees arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, and
(vii) Workers compensationacts by third parties.
Appears in 1 contract
Samples: Deed of Lease (Geerlings & Wade Inc)
Insurance Indemnity. (a) Tenant shall at all times during the original term and any extension thereof, carry and maintain, for the mutual benefit of Landlord, Tenant and Landlord's designated mortgagee, general public liability insurance issued by a company or companies licensed to do business in North Carolina and which are approved by Landlord (which approval shall not be unreasonably withheld) against claims for personal injury, sickness, or disease, including death and property damages in, on or about the Premises, such insurance to afford protection to the limit of not less than $1,000,000.00 in respect to each person, and to the limit of not less than $3,000,000.00 in respect to any one occurrence causing bodily injury or death, and to the limit of not less than $200,000.00 in respect to property damage. Tenant shall furnish Landlord with a duplicate certificate or certificates of such insurance policy or policies, and Tenant shall name Landlord as a party insured in such policy or policies.
(b) During the term of this AgreementLease or any extension thereof, Manager Tenant shall maintain for the benefit of Tenant, Landlord, and Landlord's designated Mortgagee, business interruption insurance sufficient to pay the rent and Tenant's other obligations hereunder.
(c) During the term of this Lease or any extension thereof, Tenant shall keep all buildings and improvements on the premises insured in the amount of the full replacement cost for the benefit of Tenant, Landlord, and Landlord's designated mortgagee against loss or damage by fire, with customary extended coverage. All proceeds payable at all times keep the Facility Insured with the kinds any time and amounts of from time to time by an insurance described belowcompany under such policies (except contents belonging to Tenant and Tenant's relocation allowance, This Insurance shall be written by companies authorized to do insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses if any) shall be payable to Owner Landlord, or its designated mortgagee. The proceeds shall be utilized by Landlord and Manager as provided Tenant for the restoration of improvements in Section 5.05 belowthe event such restoration is required hereunder. In additionIf no restoration is required, the proceeds shall belong to Landlord.
(d) The insurance policies herein mentioned shall name provide thirty (30) days notice of cancellation to all parties named therein as an additional insured insured.
(e) Tenants shall fully indemnify, protect and save Landlord harmless from all expenses, claims, demands, counsel fees, costs, liabilities, judgements and executions in any mortgagee manner relating to or arising out of the Facility by way use or occupancy of a standard form the Premises for the term of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owner, Manager, and each mortgagee. Evidence of insurance shall be deposited with Owner and, if requested, with this Lease or any mortgagee(s). The policies on the Facility shall insure against the following risks:extension thereof.
(if) Loss Any provision in this Lease to the contrary notwithstanding, each party, to the extent it is permitted so to do by the terms and provisions of any such policy or damage by fire policies, hereby waives any and such other risks as may be included in all rights to recover from the broadest form of extended coverage insurance from time to time availableother, including but not limited to its agents, or employees, any loss or damage from leakage of any sprinkler system now risks ordinarily insured against under such policies, but only to the extent that such loss or hereafter installed damage is in the Facilityfact covered by such insurance and is collectible by such insured party. Each party further covenants and agrees that it will, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms upon request of the applicable other, request each such insurance company to attach to such policy or policies and in any event in an amount not less than one hundred percent (100%) issued by it a waiver of the then full replacement value thereof (as defined below in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits subrogation with respect to any one accident as may be reasonably agreed by Owner the other party, its agents and Manager from time to times:
(iii) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In the State of North Carolina;
(vi) Loss of rental under a rental value insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, and
(vii) Workers compensationemployees.
Appears in 1 contract
Insurance Indemnity. a. During the term Term of this AgreementLease, Manager Tenant shall at all times keep the Facility Insured insured with the kinds and amounts of insurance described below, . This Insurance insurance shall be written by companies authorized to do insurance business In in the State Commonwealth of North CarolinaKentucky. The policies must name Owner Landlord as an additional insured. Losses shall be payable to Owner Landlord and Manager Tenant as provided in Section 5.05 11(e) below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of OwnerLandlord, ManagerTenant, and each mortgagee. Evidence of insurance shall be deposited with Owner Landlord and, if requested, with any mortgagee(s). The insurance policies shall provide thirty (30) days notice of cancellation to all parties named therein as insured. The policies on the Facility shall insure against the following risks:
(i1) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility or on the Facility, in amounts sufficient to prevent Owner Landlord or Manager Tenant from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02Paragraph (b));
(ii2) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner Landlord and Manager Tenant from time to times:time;
(iii3) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than One Million and No/100 Dollars ($1,000,000.001,000,000) per occurrence occurrence/Three Million Dollars ($3,000,000.00) aggregate, in respect of bodily injury, Two Million injury or death and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(iv4) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(v5) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In in the State Commonwealth of North CarolinaKentucky;
(vi6) Loss of rental under a rental value Business interruption insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 Paragraph (a) in an amount sufficient to prevent Owner Landlord from becoming a co-insurer, ; and
(vii7) Workers Worker's compensation.
Appears in 1 contract
Insurance Indemnity. During 12.1. Tenant, at its sole cost and expense, shall, throughout the term of this AgreementTerm, Manager shall at all times keep the Facility Insured with the kinds procure and amounts of insurance described below, This Insurance shall be written by companies authorized to do insurance business In the State of North Carolina. The policies must name Owner as an additional insured. Losses shall be payable to Owner and Manager as provided in Section 5.05 below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payable endorsement. Any loss adjustment shall require the written consent of Owner, Manager, and each mortgagee. Evidence of insurance shall be deposited with Owner and, if requested, with any mortgagee(s). The policies on the Facility shall insure against the following risksmaintain:
(ia) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage Commercial general liability insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02);
(ii) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner the Premises and Manager from time to times:
(iii) Claims Tenant’s activities therein and thereabout, insuring against liability for personal injury or death, property damage under or other loss, including liability arising out of Tenant’s indemnity set forth in this Lease (contractual liability endorsement) with self-insured deductibles and a policy combined single limit of general public liability insurance with amounts not less than One Million three million and No/100 Dollars 00/100 ($1,000,000.003,000,000.00) Dollars per occurrence in respect of for bodily injury, Two Million injury and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(ivb) Claims arising out Worker’s Compensation Insurance in at least the statutorily required amounts;
(c) Causes of malpractice Loss–Special Form Extended Coverage, vandalism and malicious mischief, all risks and flood insurance in an amount not less than One Million adequate to cover the replacement costs of all personal property, decorations, trade fixtures, furnishings, equipment, and No/100 Dollars ($1,000,000.00) for each person and for each occurrenceall contents of the Premises;
(vd) Rental interruption or business interruption insurance in the amount no less than one (1) year of Rents herein;
(e) Such other hazards and in such amounts forms of insurance as may be customary for comparable properties in the area and is available from reasonably required by any lender or mortgagee of Landlord; and
(f) Such other forms of insurance as may be reasonably required to cover future risks against which a reasonably prudent Landlord or Tenant would protect itself.
12.2. Tenant’s insurance shall be with companies with at least a Best’s A rating that are authorized to do transact business In in the State of North Carolina;
(vi) Loss of rental Florida. Landlord shall be named as an additional insured under a rental value Tenant’s insurance, and such insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of shall be primary and non-contributing with any insurance carried by Landlord. If, on account of the hazards described in subsections failure of Tenant to comply with the above, Landlord is adjudged to be a coinsurer by its insurance carrier, then any loss or damage Landlord may sustain by reason thereof shall be borne by Tenant and shall be immediately paid by Tenant upon receipt of a xxxx thereof. Tenant shall provide endorsements of the insurance policies from Tenant’s insurance agent on which Tenant’s insurance agent or the terms of such policy provide Landlord thirty (30) days notice to Landlord prior to any cancellation of the coverages required hereunder. Tenant shall deliver to Landlord as a condition precedent to its taking occupancy of the Premises, (but not to its obligation to pay Rent), endorsements of the insurance policies evidencing such insurance acceptable to Landlord, and Tenant shall within thirty (30) days of the expiration of such policies, deliver to Landlord endorsements of the insurance policies evidencing the renewal of such policies.
12.3. Each policy evidencing insurance required to be carried by Tenant pursuant to this Section 12 shall contain the following clauses and provisions (which may be provided through blanket endorsements) (i) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord be excess insurance; (ii) a provision including Landlord and any mortgagee of Landlord as an additional insured; (iii) a waiver by the insurer of any right to subrogation against Landlord, its agents, employees and representatives which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives; and (iv) a severability of interest clause or endorsement.
12.4. In the event that Tenant fails to procure or to maintain, at the times and for the duration specified in this Section 12, any insurance required by this Section 12, or fails to carry insurance required by law or governmental regulation, Landlord may (but shall not be required to) at any time or from time to time, and without notice to Tenant, procure such insurance and pay the premiums therefore, and the cost of same, plus a fifteen (15%) percent administrative fee shall be deemed Additional Rent and shall be payable upon the Landlord’s demand.
12.5. Tenant will not do or suffer to be done, or keep or suffer to be kept, anything in, upon or about the Premises which will violate Landlord’s policies of hazard or liability insurance or which will prevent Landlord from procuring such policies with companies acceptable to Landlord. If anything done, omitted to be done or suffered by Tenant to be kept in, upon or about the Premises shall cause the rate of fire or other insurance on the Premises or on other property of Landlord or of others within the building located within the Land to be increased beyond the minimum rate from time to time applicable to the Premises or to any property for the use or uses made thereof, Tenant will pay, as Additional Rent, the amount of any such increase upon Landlord’s demand.
12.6. Tenant, as a material part of the consideration to be rendered to Landlord, hereby agrees that it will indemnify Landlord and save it harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and or damage to property arising from or out of any occurrence in, upon or at the Premises, or the occupancy or use by Tenant of the Premises or any part thereof, occasioned wholly or in part by any act or omission of Tenant, its agents, employees, licensees, invitees, third persons in or about the Premises except any damage or loss attributable to Landlord’s negligence, act or omission, arising at any time. In addition, Tenant, as a material part of the consideration to be rendered to Landlord, hereby waives all claims against Landlord for personal injury or death, property damage or other loss to Tenant, its agents, employees, licensees, invitees or third persons in or about the Premises from any cause, except any damage or loss attributed to Landlord’s negligence or omission, arising at any time. Notwithstanding anything to the contrary in this Section, the amounts of insurance required of Tenant shall not be construed in any manner whatsoever so as to limit Tenant’s liability hereunder and Tenant’s indemnification and holding harmless of Landlord shall survive the termination of this Section 5.01 in an amount sufficient to prevent Owner from becoming a co-insurer, and
(vii) Workers compensationLease.
Appears in 1 contract
Samples: Office Lease (Towerstream Corp)
Insurance Indemnity. During the term of this Agreement, Manager Manager, at Owner's cost, shall at all times keep the Facility Insured insured with the kinds and amounts of insurance described below, which, at a minimum, shall be modified as necessary to satisfy all requirements of Lessor or any Facility mortgagee. This Insurance insurance shall be written by companies authorized to do insurance business In in the State District of North CarolinaColumbia. The policies must will name Owner and Lessor as an additional insured. Losses shall be payable to Owner insureds, and Manager as provided in Section 5.05 below. In addition, the policies shall name as an additional insured any mortgagee of the Facility by way of a standard form of mortgagee's loss payee endorsement. Losses shall be payable endorsementto Owner, in trust, as provided in Section V.05 below. Any loss adjustment shall require the written consent of Owner, Manager, Lessor, and each mortgagee. Evidence of insurance shall be deposited with Owner and, if requested, with any mortgagee(s). The policies on the Facility shall insure against the following risks:
(ia) Loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available, including but not limited to loss or damage from leakage of any sprinkler system now or hereafter installed in the Facility, in amounts sufficient to prevent Owner or Manager from becoming a co-insurer within the terms of the applicable policies and in any event in an amount not less than one hundred percent (100%) of the then full replacement value thereof (as defined below in Section 5.02V.02);
(iib) Loss or damage by explosion of steam boilers, pressure vessels or similar apparatus, now or hereafter installed in the Facility, in such limits with respect to any one accident as may be reasonably agreed by Owner and Manager from form time to times:time;
(iiic) Claims for personal injury or property damage under a policy of general public liability insurance with amounts not less than Three Million and No/100 Dollars ($3,000,000.00) per occurrence in respect of bodily injury. One Million and No/100 Dollars ($1,000,000.00) per occurrence in respect of bodily injury, Two Million and No/00 Dollars ($2,000,000.00) aggregate per occurrence, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for property damage;
(ivd) Claims arising out of malpractice in an amount not less than One Million and No/100 Dollars ($1,000,000.00) for each person and for each occurrence;
(ve) Such other hazards and in such amounts as may be customary for comparable properties in the area and is available from insurance companies authorized to do business In in the State District of North CarolinaColumbia;
(vif) Loss of rental under a rental value Business interruption insurance policy covering a risk of loss during the first six (6) months of reconstruction resulting from the occurrence of any of the hazards described in subsections (i) and (ii) of this Section 5.01 in an amount sufficient as may be customary for comparable business operations in the area and is available from insurance companies authorized to prevent Owner from becoming a co-insurer, do business in the District of Columbia; and
(viig) Workers Worker's compensation.
(h) Automobile Insurance with coverage in amounts of not less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate.
Appears in 1 contract
Samples: Facility Management Agreement (Centennial Healthcare Corp)