Common use of Insurance to be Carried by Tenant Clause in Contracts

Insurance to be Carried by Tenant. During the term Tenant shall take out and maintain the following insurance: (a) Fire with extended coverage endorsements, vandalism and malicious mischief and/or all risk, available from time to time in an amount not less than the amount stated in Paragraph 9(a) of the Fundamental Lease Provisions covering Tenant’s Improvements, and Tenant’s Trade Fixtures. Such policy or policies of insurance shall name both Landlord and Tenant as insured. The parties agree that the proceeds from any such policy or policies shall be used for the replacement of merchandise and the repair or replacement of Tenant’s Improvements, and Tenant’s Trade Fixtures; (b) General public liability insurance with such limits as stated in Paragraph 9(b) of the Fundamental Lease Provisions for bodily injury or death to any one person, injury and/or death to any number of persons in any one incident, and for property damage in any one occurrence. Such liability insurance shall specifically insure the hold harmless and indemnity provisions of Section 13, and shall contain a provision that Landlord, although named as an insured, shall nevertheless be entitled to recovery under such policy or policies for any damage to Landlord or its authorized representatives by reason of the acts or omissions of Tenant or its authorized representatives. (c) Plate glass insurance on all plate glass, if any, on the Premises (except Tenant may elect in writing by notice to Landlord to self-insure this risk); (d) Insurance covering damage from leakage of sprinkler systems now or hereafter installed in the Premises in an amount not less than the amount stated in Paragraph 9(d) of the Fundamental Lease Provisions covering Tenant Improvements, and Tenant’s Trade Fixtures, which insurance shall contain the co-insurance percentage stated in Paragraph 9(d) of the Fundamental Lease Provisions; (e) Boiler broad form and/or machinery breakdown insurance in an amount not less than the amount stated in Paragraph 9(e) of the Fundamental Lease Provisions covering those items set forth in Paragraph 9(e) of the Fundamental Lease Provisions; (f) Workers’ Compensation Insurance in compliance with California law; and (g) Business Interruption Insurance insuring that all sums payable under this Lease will be paid to Landlord If the Premises are destroyed by a risk which is insurable under a standard policy of fire and extended coverage with vandalism and malicious mischief endorsements. Tenant agrees that all of the insurance required under this Section shall be affected under enforceable policies issued by insurers of recognized responsibility licensed to do business in the State of California. All policies shall provide that they shall not be subject to cancellation or material change that affects Landlord except upon at least thirty (30) days prior written notice to Landlord at the address set forth for notice in Section 19. The original policy or policies or duly executed certificates thereof, together with satisfactory evidence of the payment of the premiums thereon shall be deposited with Landlord on the commencement of this Lease. Not less than thirty (30) days prior to the expiration of the term of such policies the original of the renewal policy or a certificate thereof shall be delivered to Landlord. All policies of insurance shall name Landlord and Tenant as insured as their respective interests may appear. At the request of Landlord any insurance policy shall be made payable to Landlord’s lender(s) pursuant to a standard mortgage clause. All public liability, property damage and other casualty policies shall be written as primary policies and shall not be contributing with any coverage which Landlord shall carry. Except, Tenant’s obligations to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Tenant so long as Landlord shall be named as an additional insured thereunder, as Its interest may appear, and that the coverage afforded Landlord will not be reduced or diminished by reason of the use of such blanket policy of insurance, and provided further that the requirements of this Section are otherwise satisfied.

Insurance to be Carried by Tenant. During the term Tenant shall take out during the Term, at its sole cost and expense, obtain and maintain the following types of insurance: (a) Fire with extended All Risk coverage endorsementsinsurance, vandalism including endorsements for vandalism, malicious mischief, theft, sprinkler leakage, and malicious mischief and/or earthquake sprinkler leakage, covering all riskof Tenant’s property, available from time to time including, but not limited to, furniture, equipment, additions, fixtures, and anything in the nature of a leasehold improvement constructed by Tenant in an amount not less than equal to the amount stated full replacement cost of such property without deduction for depreciation. Landlord and Landlord’s agent shall be named an additional insured with respect to Landlord’s interest in Paragraph 9(a) of the Fundamental Lease Provisions covering any real property on Tenant’s Improvements, fire and Tenant’s Trade Fixtures. Such policy or policies of insurance shall name both Landlord and Tenant as insured. The parties agree that the proceeds from any such policy or policies shall be used for the replacement of merchandise and the repair or replacement of Tenant’s Improvements, and Tenant’s Trade Fixtures;extended coverage policy; 09338.008 2450031v1 25 ActiveUS 172034323v.3 (b) General public Commercial general liability insurance insurance, including bodily injury and property damage, personal injury and contractual liability with such limits as stated respect to all claims, demands or actions by any person or entity, in Paragraph 9(b) and arising from, related to, or connected with the conduct and operation of Tenant’s business in the Premises or Tenant’s use of the Fundamental Lease Provisions for bodily injury or death to Premises. Landlord, the Holder of any one person, injury and/or death to Superior Interest and any number agent of persons in Landlord designated by Landlord shall be shown as an “additional insured” on any one incident, and for property damage in any one occurrencesuch policy at Tenant’s expense. Such liability insurance policies shall specifically insure the hold harmless be written with no more than a Five Thousand Dollar ($5,000.00) deductible, with coverage limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and indemnity provisions of Section 13, and shall contain a provision that Landlord, although named as an insured, shall nevertheless be entitled to recovery under such policy or policies for any damage to Landlord or its authorized representatives by reason of the acts or omissions of Tenant or its authorized representatives.Five Million Dollars ($5,000,000.00) aggregate; (c) Plate glass Worker’s Compensation insurance on all plate glasscoverage as required by Law, if any, on the Premises together with employer’s liability insurance coverage with limits not less than One Million Dollars (except Tenant may elect in writing by notice to Landlord to self-insure this risk$1,000,000.00); (d) Insurance covering damage from leakage Business income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of sprinkler systems now or hereafter installed in the Premises in an amount Tenant under this Lease for a period of not less than one year, including, without limitation, Basic Monthly Rent and adjustments thereto and Direct Expenses, Taxes and all other costs, fees, charges and payments which would be borne by or due from Tenant under this Lease if the amount stated in Paragraph 9(d) of the Fundamental Lease Provisions covering Tenant Improvements, Premises and Tenant’s Trade Fixtures, which insurance shall contain the co-insurance percentage stated in Paragraph 9(d) of the Fundamental Lease Provisions;business were fully open and operating; and (e) Boiler broad Any other form and/or machinery breakdown or forms of insurance (including increases to the limits of existing coverage) as Landlord or the Holder of any Superior Interest may reasonably require from time to time in an amount not less than the amount stated form and in Paragraph 9(e) of the Fundamental Lease Provisions covering those items set forth in Paragraph 9(e) of the Fundamental Lease Provisions; (f) Workers’ Compensation Insurance in compliance with California law; and (g) Business Interruption Insurance insuring that all sums payable under this Lease will be paid to Landlord If the Premises are destroyed by amounts and for insurance risks against which a risk which is insurable under a standard prudent tenant would protect itself. Each policy of fire and extended coverage with vandalism and malicious mischief endorsements. Tenant agrees that all of the evidencing insurance required under to be carried by Tenant pursuant to this Section Article 13 shall be affected under enforceable policies issued by insurers of recognized responsibility licensed to do business in the State of California. All policies shall provide that they shall not be subject to cancellation or material change that affects Landlord except upon at least thirty (30) days prior written notice to Landlord at the address set forth for notice in Section 19. The original policy or policies or duly executed certificates thereof, together with satisfactory evidence of the payment of the premiums thereon shall be deposited with Landlord on the commencement of this Lease. Not less than thirty (30) days prior to the expiration of the term of such policies the original of the renewal policy or contain a certificate thereof shall be delivered to Landlord. All policies of insurance shall name provision including Landlord and Tenant as insured as their respective interests may appear. At the request of Landlord any insurance policy shall be made payable to Landlord’s lender(s) pursuant to a standard mortgage clause. All public liabilitymanaging agent, property damage and any other casualty policies shall be written as primary policies and shall not be contributing with any coverage which Landlord shall carry. Exceptparties in interest designated by Landlord, Tenant’s obligations to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Tenant so long as Landlord shall be named as an additional insured thereunder, as Its interest may appear, and that the coverage afforded Landlord will not be reduced or diminished by reason of the use of such blanket policy of insurance, and provided further that the requirements of this Section are otherwise satisfiedinsured(s).

Insurance to be Carried by Tenant. During the term Tenant shall take out during the Term, at its sole cost and expense, obtain and maintain the following types of insurance: (a) Fire with extended All Risk coverage endorsementsinsurance, vandalism including endorsements for vandalism, malicious mischief, theft, sprinkler leakage, and malicious mischief and/or earthquake sprinkler leakage, covering all riskof Tenant's property, available from time to time including, but not limited to, furniture, equipment, additions, fixtures, and anything in the nature of a leasehold improvement in an amount not less than equal to the amount stated in Paragraph 9(a) full replacement cost of the Fundamental Lease Provisions covering Tenant’s Improvements, and Tenant’s Trade Fixturessuch property without deduction for depreciation. Such policy or policies of insurance shall name both Landlord and Tenant as insured. The parties agree that the proceeds from any such policy or policies Landlord’s agent shall be used for the replacement of merchandise named an additional insured with respect to Landlord's interest in any real property on Tenant's fire and the repair or replacement of Tenant’s Improvements, and Tenant’s Trade Fixturesextended coverage policy; (b) General public Commercial general liability insurance insurance, including bodily injury and property damage, personal injury and contractual liability with such limits as stated respect to all claims, demands or actions by any person or entity, in Paragraph 9(b) and arising from, related to, or connected with the conduct and operation of Tenant's business in the Premises or Tenant's use of the Fundamental Lease Provisions for bodily injury or death to Premises. Landlord, the Holder of any one person, injury and/or death to Superior Interest and any number agent of persons in Landlord designated by Landlord shall be shown as an "additional insured" on any one incident, and for property damage in any one occurrencesuch policy at Tenant's expense. Such liability insurance policies shall specifically insure the hold harmless be written with no more than a Five Thousand Dollar ($5,000.00) deductible, with coverage limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and indemnity provisions of Section 13, and shall contain a provision that Landlord, although named as an insured, shall nevertheless be entitled to recovery under such policy or policies for any damage to Landlord or its authorized representatives by reason of the acts or omissions of Tenant or its authorized representatives.Five Million Dollars ($5,000,000.00) aggregate; (c) Plate glass Worker's Compensation insurance on all plate glasscoverage as required by Law, if any, on the Premises together with employer's liability insurance coverage with limits not less than One Million Dollars (except Tenant may elect in writing by notice to Landlord to self-insure this risk$1,000,000.00); (d) Insurance covering damage from leakage Business income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of sprinkler systems now or hereafter installed in the Premises in an amount Tenant under this Lease for a period of not less than one year, including, without limitation, Basic Monthly Rent and adjustments thereto and Direct Expenses, Taxes and all other costs, fees, charges and payments which would be borne by or due from Tenant under this Lease if the amount stated in Paragraph 9(d) of the Fundamental Lease Provisions covering Tenant Improvements, Premises and Tenant’s Trade Fixtures, which insurance shall contain the co-insurance percentage stated in Paragraph 9(d) of the Fundamental Lease Provisions;'s business were fully open and operating; and (e) Boiler broad Any other form and/or machinery breakdown or forms of insurance (including increases to the limits of existing coverage) as Landlord or the Holder of any Superior Interest may reasonably require from time to time in an amount not less than the amount stated form and in Paragraph 9(e) of the Fundamental Lease Provisions covering those items set forth in Paragraph 9(e) of the Fundamental Lease Provisions; (f) Workers’ Compensation Insurance in compliance with California law; and (g) Business Interruption Insurance insuring that all sums payable under this Lease will be paid to Landlord If the Premises are destroyed by amounts and for insurance risks against which a risk which is insurable under a standard prudent tenant would protect itself. Each policy of fire and extended coverage with vandalism and malicious mischief endorsements. Tenant agrees that all of the evidencing insurance required under to be carried by Tenant pursuant to this Section Article 13 shall be affected under enforceable policies issued by insurers of recognized responsibility licensed to do business in the State contain a provision including Gxxxx Market Investment Company, Ltd. and Cxxxxxx & Wakefield of California. All policies shall provide that they shall not be subject to cancellation or material change that affects Landlord except upon at least thirty , Inc. (30) days prior written notice to Landlord at the address set forth for notice Landlord's managing agent), and any other parties in Section 19. The original policy or policies or duly executed certificates thereofinterest designated by Landlord, together with satisfactory evidence of the payment of the premiums thereon shall be deposited with Landlord on the commencement of this Lease. Not less than thirty (30) days prior to the expiration of the term of such policies the original of the renewal policy or a certificate thereof shall be delivered to Landlord. All policies of insurance shall name Landlord and Tenant as insured as their respective interests may appear. At the request of Landlord any insurance policy shall be made payable to Landlord’s lender(s) pursuant to a standard mortgage clause. All public liability, property damage and other casualty policies shall be written as primary policies and shall not be contributing with any coverage which Landlord shall carry. Except, Tenant’s obligations to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Tenant so long as Landlord shall be named as an additional insured thereunder, as Its interest may appear, and that the coverage afforded Landlord will not be reduced or diminished by reason of the use of such blanket policy of insurance, and provided further that the requirements of this Section are otherwise satisfiedinsured(s).