Kinds and Amounts. As additional rent for the Leased Premises, Tenant shall procure and maintain policies of insurance, at its own cost and expense, insuring: (a) The improvements at any time situated upon the Leased Premises against loss or damage by fire, lightning, wind storm, hail storm, aircraft, vehicles, smoke, explosion, riot 37 or civil commotion as provided by the Standard Fire and Extended Coverage Policy other risks of direct physical loss as insured against and under Special Extended Coverage Endorsement. The insurance coverage shall be for not less than 100% of the full replacement cost of such improvements with all proceeds of insurance payable to Landlord. The full replacement cost of improvements shall be determined every three (3) years by an insurance appraiser selected by Landlord and paid for by Tenant. The insurance appraiser shall submit a written report of his appraisal and if said report shows that the improvements are not insured as herein required, Tenant shall promptly obtain such additional insurance as is required. (b) Landlord and Tenant from all claims, demands or actions for injury to or death of any person in an amount of not less than $500,000.00, for injury to or death of more than one person in any one occurrence in an amount of not less than $1,000,000.00, and for damage to property in an amount of not less than $200,000.00 made by, or on behalf of, any person or persons, firm or corporation arising from, related to or connected with the Leased Premises. Said insurance shall comprehend full coverage of the indemnity set forth in Section 13.0 hereof; (c) Item omitted from lease (d) Tenant from all workmen's compensation claims; and (e) Landlord and Tenant against breakage of all plate glass utilized in the improvements on the Leased Premises. (f) Landlord from loss of rents during the period while the Leased Premises are unrentable due to a fire or other Casualty (for the maximum period for which such insurance is available) but the purchase of such rent insurance shall not relieve Tenant from the primary obligation to pay rent during any such period of untenantability. (g) Flood insurance whenever, in the judgment of Landlord, such protection is necessary and it is available.
Appears in 1 contract
Samples: Lease Amendment (Mfri Inc)
Kinds and Amounts. As additional rent for the Leased Premises, Tenant shall procure and maintain policies of insurance, at its own cost and expense, insuring:
(a) The improvements at any time situated upon the Leased Premises against loss or damage by fireLandlord, lightningAgent, wind stormLandlord's Mortgagee, hail stormif any, aircraftof which tenant is given written notice, vehicles, smoke, explosion, riot 37 or civil commotion as provided by the Standard Fire and Extended Coverage Policy other risks of direct physical loss as insured against and under Special Extended Coverage Endorsement. The insurance coverage shall be for not less than 100% of the full replacement cost of such improvements with all proceeds of insurance payable to Landlord. The full replacement cost of improvements shall be determined every three (3) years by an insurance appraiser selected by Landlord and paid for by Tenant. The insurance appraiser shall submit a written report of his appraisal and if said report shows that the improvements are not insured as herein required, Tenant shall promptly obtain such additional insurance as is required.
(b) Landlord and Tenant from all claims, demands or actions for injury to or death of any person in an amount of not less than $500,000.00, for injury to or death of more than one person in any one occurrence in an amount of not less than $1,000,000.00, and for damage to property in an amount of not less than $200,000.00 made by, or on behalf of, any person or persons, firm or corporation and arising from, related to or connected with the Leased Premises, for bodily injury to or personal injury to or death of any person, or more than one (1) person, or for damage to property in an aggregate amount of not less than a packaged maximum of $2,000,000.00 per location and an occurrence limit of not less than $1,000,000.00 combined single limit and fire legal liability insurance in an amount not less than $100,000.00. Said insurance shall comprehend full coverage be written on an "occurrence" basis and not on a "claims made" basis. If at any time during the term of this Lease, Tenant owns or rents more than one location, the policy shall contain an endorsement to the effect that the aggregate limit in the policy shall apply separately to each location owned or rented by Tenant. Landlord shall have the right, exercisable by giving written notice thereof to Tenant, to require Tenant to increase such limit if, in Landlord's reasonable judgment, the amount thereof is insufficient to protect Landlord, Agent and Tenant from judgments which might result from such claims, demands or actions. Said insurance shall also fully cover the indemnity set forth in Section 13.0 13.0(a) hereof and, to the extent such insurance is available, the indemnity set forth in Section 18.2 hereof;
(c) Item omitted from lease
(db) Tenant from all workmenworker's compensation claims; and
(ec) Landlord All of Tenant's equipment, trade fixtures, appliances, furniture, furnishing and Tenant against breakage of all plate glass utilized in the improvements personal property, from time to time, in, on the Leased Premises.
(f) Landlord from loss of rents during the period while or upon the Leased Premises are unrentable due in an amount not less than the full replacement cost without deduction for depreciation from time to a fire or other Casualty time during the Term providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended apparel (for the maximum period for which such insurance is available) but the purchase of such rent insurance shall not relieve Tenant from the primary obligation to pay rent during any such period of untenantability"All Risk Coverage Insurance"), boiler, flood, glass breakage and sprinkler leakage.
(g) Flood insurance whenever, in the judgment of Landlord, such protection is necessary and it is available.
Appears in 1 contract
Kinds and Amounts. As additional rent for the Leased Premises, Tenant shall procure and maintain policies of insurance, at its own cost and expense, insuring:
(a) The improvements at any time situated upon the Leased Premises against loss or damage by fire, lightning, wind storm, hail storm, aircraft, vehicles, smoke, explosion, riot 37 or civil commotion as provided by the Standard Fire and Extended Coverage Policy other risks of direct physical loss as insured against and under Special Extended Coverage Endorsement. The insurance coverage shall be for not less than 100% of the full replacement cost of such improvements with all proceeds of insurance payable to Landlord. The full replacement cost of improvements shall be determined every three (3) years by an insurance appraiser selected by : Landlord and paid for by Tenant. The insurance appraiser shall submit a any Landlord's mortgagee or Management Agent (as defined in Article 21) (of which Tenant is given written report of his appraisal and if said report shows that the improvements are not insured notice), as herein requiredadditional named insureds, Tenant shall promptly obtain such additional insurance as is required.
(b) Landlord and Tenant from all claims, demands or actions made by or on any person, entity or corporation and arising from, related to or connected with the Leased Premises, for bodily and/or personal injury to or death of any person in an amount of not less than $500,000.00, for injury to or death of more than one (1) person in any one occurrence in an amount of not less than $1,000,000.00, and and/or for damage to property in an amount of not less than $200,000.00 made 5,000,000 combined single limit per occurrence; with a deductible of not more than $10,000 (except that the foregoing limitation on a deductible shall not apply in the event that the Leased Premises are occupied by the original tenant hereunder or by a person or entity controlled by, controlling or on behalf of, any person or persons, firm or corporation arising from, related to or connected in common control with the Leased Premisesit). Said insurance shall comprehend full coverage of be written on an "occurrence" basis and not on a "claims made" basis (except that, for so long as the indemnity set forth original tenant hereunder or a person or entity controlled by, controlling or in Section 13.0 hereof;
(c) Item omitted from lease
(d) Tenant from all workmen's compensation claims; and
(e) Landlord and Tenant against breakage of all plate glass utilized in the improvements on common control with it occupies the Leased Premises.
, said insurance may at the election of Tenant be written on a "claims made" basis). Said insurance shall also fully cover contractual liability in respect of the Leased Premises and the conduct or operation of business therein. The limits of any insurance obtained in conformity with the provisions of this Section 5.0 shall not limit the liability of Tenant hereunder. Whenever in Landlord's reasonable judgment, good business practice or change in conditions indicate a need for additional insurance or different kinds of coverage, Tenant shill reasonably promptly following Landlord's written request, obtain such insurance at its own expense (f) Landlord from loss except that the provisions of rents during this sentence shall not apply in the period while event that the Leased Premises are unrentable due to occupied by the original tenant hereunder or by a fire person or other Casualty (for the maximum period for which such insurance is available) but the purchase of such rent insurance shall not relieve Tenant from the primary obligation to pay rent during any such period of untenantabilityentity controlled by, controlling or in common control with it).
(g) Flood insurance whenever, in the judgment of Landlord, such protection is necessary and it is available.
Appears in 1 contract
Kinds and Amounts. As additional rent for the Leased Premises, Tenant Sublessee shall procure and maintain policies of insurance, at its own cost and expense, insuring:
(a) The Building and all improvements at any time situated upon the Leased Premises against loss or damage by fire, lightning, wind storm, hail storm, aircraft, vehicles, smoke, explosion, riot 37 or civil commotion as provided by the Standard Fire and Extended Coverage Policy Policy, all other risks of direct physical loss as insured against and under Special Extended Coverage Endorsement and all loss or damage by flood, typhoon, and earthquake to the extent not covered under the Standard Fire and Extended Coverage and Special Endorsement. The insurance coverage shall be for not less than one hundred percent (100% %) of the full replacement cost of the Building and such improvements improvements, with all proceeds of insurance payable to LandlordSublessor and with Sublessor being a named insured under such policies. The full replacement cost of the Building and all improvements shall be determined every three (3) years by an insurance appraiser selected and hired by Landlord Sublessor and paid for by TenantSublessee. The insurance appraiser shall submit a written report of his appraisal and if said report shows that the Building and the improvements are not insured as herein required, Tenant Sublessee shall promptly obtain such additional insurance as is required.;
(b) Landlord Sublessor, Sublessee and Tenant from the lessors under the Ground Leases and the Master Subleases against all claims, demands or actions for injury to or death of any person in an amount the limit of not less than $500,000.00, 2,000,000.00 for injury to or death of more than one person in any one occurrence in an amount occurrence, to the limit of not less than $1,000,000.00, 1,000,000.00 for injury or death of one person and for damage to property in an amount the limit of not less than $200,000.00 for damage to property, made by, or on behalf of, any person or persons, firm or corporation corporation, arising from, related to or connected with the Leased Premises. Said liability insurance shall comprehend full coverage of the indemnity set forth in Section 13.0 hereof;
(c) Item omitted from lease
(d) Tenant from all workmen's compensation claims; and
(e) Landlord Paragraph 15.1 and Tenant against breakage of all plate glass utilized in the improvements on the Leased Premises.
(f) Landlord from loss of rents during the period while the Leased Premises are unrentable due to a fire or other Casualty (for the maximum period for which such insurance is available) but the purchase of such rent insurance shall not relieve Tenant from the primary obligation to pay rent during any such period of untenantability.
(g) Flood insurance whenever, in the judgment of Landlord, such protection is necessary and it is available.36
Appears in 1 contract
Samples: Sublease (Cost U Less Inc)
Kinds and Amounts. As additional rent for the Leased Premises, Tenant shall procure and maintain policies of insuranceTenant, at its own cost and expense, insuringshall at all times during the Term, maintain and keep in full force and effect:
10.1.1. Commercial general liability insurance insuring the Landlord, Agent and Landlord's mortgagee (aas an "additional insured"), if any, of which Tenant is given written notice, and Tenant, from all claims, demands or actions made by or on behalf of any person or persons, firm or corporation and arising from, related to or connected with the Premises, for bodily injury to or personal injury to or death of any person, or more than one (1) The person, or for damage to property in an aggregate amount of not less than $3,000,000.00 combined single limit per occurrence/aggregate. Said insurance shall be written on an "occurrence" basis and not on a "claims made" basis. If at any time during the term of this Lease, Tenant owns or rents more than one location, the policy shall contain an endorsement to the effect that the aggregate limit in the policy shall apply separately to each location owned or rented by Tenant. Landlord shall have the right, exercisable by giving written notice thereof to Tenant, to require Tenant to increase such limit if, in Landlord's reasonable judgment, the amount thereof is insufficient to protect the Landlord, Agent and Tenant from judgments which might result from such claims, demands or actions. Said insurance shall also fully cover the indemnity set forth in Section 17.2 hereof.
10.1.2. Fire and extended coverage and all other risks of direct physical loss as insured against under Special Form ("all risk" coverage), covering the improvements at any time situated upon the Leased Premises against loss or damage by fire, lightning, wind storm, hail storm, aircraft, vehicles, smoke, explosion, terrorism, riot 37 or civil commotion as provided by the Standard Fire and Extended Coverage Policy other risks of direct physical loss as insured against and under Special Extended Coverage Endorsementcommotion. The insurance coverage shall be for not less than 100% of the full replacement cost of such improvements with agreed value endorsement, and building ordinance coverage, all proceeds of insurance payable subject only to Landlordsuch deductibles as Landlord shall reasonably approve in writing. The full replacement cost of improvements shall be determined every three (3) years designated annually by Landlord, in the good faith exercise of Landlord's reasonable judgment. In the event that Tenant does not agree with Landlord's designation, Tenant shall have the right to submit the matter to an insurance appraiser mutually selected by Landlord and Tenant and paid for by Tenant. The insurance appraiser shall submit a written report of his appraisal and if said report shows which shall be used to determine the full replacement cost of the improvements; provided, however, that notwithstanding the improvements are not insured as herein requiredforegoing, Tenant the agreed value endorsement shall promptly obtain such additional insurance as is required.
(b) Landlord and Tenant from in all claims, demands or actions for injury to or death of any person events be in an amount of not less than $500,000.00required by Landlord's mortgagee. Landlord shall be a named insured on such policy and all proceeds of insurance shall be payable to Landlord to be disbursed as provided within this Lease, for injury provided that Landlord shall not have a right to the proceeds of insurance covering any of Tenant's personal property, equipment or death of more than one person in any one occurrence in an amount of not less than $1,000,000.00, and for damage Trade Fixtures which shall be payable directly to property in an amount of not less than $200,000.00 made by, or on behalf of, any person or persons, firm or corporation arising from, related to or connected with the Leased PremisesTenant. Said insurance shall comprehend full coverage contain an endorsement waiving the insurer's right of subrogation against any Landlord, provided that such waiver of the indemnity set forth right of subrogation shall not be operative in Section 13.0 hereof;
any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof (cexcept that either party shall have the right, within thirty (30) Item omitted from lease
(d) Tenant from all workmen's compensation claims; and
(e) Landlord days following written notice, to pay such increased cost, thereby keeping such waiver in full force and Tenant against breakage of all plate glass utilized in the improvements on the Leased Premiseseffect).
(f) 10.1.3. Business interruption insurance protecting Landlord from loss of rents and other charges during the period while the Leased Premises are unrentable untenantable due to a fire or other Casualty casualty (for covering a period of untenantability up to twelve (12) months).
10.1.4. Fire and extended coverage policy and all other risks of direct physical loss as insured against under Special Form ("all risk" coverage), covering all contents and Tenant's trade fixtures, machinery, equipment, furniture and furnishings in the maximum period for which Premises to the extent of at least ninety percent (90%) of their replacement cost. Said insurance shall contain an endorsement waiving the insurer's right of subrogation against any Landlord Protected Party, provided that such waiver of the right of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance is availablecoverage or increase the cost thereof (except that Landlord shall have the right, within thirty (30) but the purchase of such rent insurance shall not relieve Tenant from the primary obligation days following written notice, to pay rent during any such period of untenantabilityincreased cost, thereby keeping such waiver in full force and effect).
(g) Flood insurance whenever10.1.5. Insurance against all worker's compensation claims in the amount required by statute.
10.1.6. Insurance against loss or damage from external explosion or breakdown of boilers, air conditioning equipment and miscellaneous electrical apparatus, if any, in the judgment of LandlordPremises, such protection is necessary in an amount not less than $250,000, with loss or damage payable to Landlord and it is availableTenant as their interests may appear.
Appears in 1 contract
Kinds and Amounts. As additional rent for Tenant shall, at all times during the Leased PremisesTerm, Tenant shall ----------------- procure and maintain the following policies of insurance, at its own cost and expense, insuring:
(a) The improvements at any Comprehensive general liability insurance, including contractual liability under Tenant's indemnification obligation contained in this Lease, covering injury to or death of persons and damage to property in such amount as Landlord may from time situated upon to time by notice in writing reasonably require, but in no event in an amount of less than $5,000,000.00 combined single limit per occurrence (such insurance to be written on an "occurrence" basis);
(b) Boiler and machinery insurance covering loss or damage by boiler, machinery or other pressure vessels, air conditioning and miscellaneous electrical apparatus or internal explosion or breakdown of boilers and machinery, if any, on the Leased Premises in such amounts as Landlord may from time to time by notice in writing reasonably require, but in no event less than $1,000,000.00;
(c) Worker's compensation insurance in not less than the statutory amounts;
(d) Broad form, "all risk" rent, business interruption and extra expense insurance in an amount not less than that required to cover twelve (12) months; and
(e) Extended coverage, all risk perils insurance, insuring, the Improvements against loss or damage by fire, lightning, wind storm, hail storm, aircraft, vehicles, smoke, explosion, riot 37 or civil commotion as provided windstorm, malicious mischief, vandalism, and all other casualties normally covered by the Standard Fire and Extended Coverage Policy other risks of direct physical loss as insured against and under Special Extended Coverage Endorsement. The insurance coverage shall be for not less than such a policy, insuring 100% of the full replacement cost of such improvements the Improvements (exclusive of the cost of foundations), with all proceeds of insurance to be payable to Landlord. The full replacement cost of improvements shall be determined every three (3) years by an insurance appraiser selected by Landlord and paid for by Tenant. The insurance appraiser shall submit Landlord's mortgagees, if any (with a written report of his appraisal deductible not exceeding $50,000.00) and if said report shows that the improvements are not insured as herein required, Tenant shall promptly obtain such additional insurance as is required.
(b) Landlord and Tenant from all claims, demands or actions for injury to or death of any person in an amount of not less than $500,000.00, for injury to or death of more than one person in any one occurrence in an amount of not less than $1,000,000.00, and for damage to property in an amount of not less than $200,000.00 made by, or on behalf of, any person or persons, firm or corporation arising from, related to or connected with the Leased Premises. Said insurance shall comprehend full coverage of the indemnity set forth in Section 13.0 hereof;
(c) Item omitted from lease
(d) Tenant from all workmen's compensation claimsReplacement Cost Endorsement and Agreed Amount Endorsement; and
(e) Landlord and Tenant against breakage of all plate glass utilized in the improvements on the Leased Premises.
(f) Landlord from loss of rents during Builders Risk, at any time when any construction occurs at the period while the Leased Premises are unrentable due to a fire or other Casualty (for the maximum period for which such insurance is available) but the purchase of such rent insurance shall not relieve Tenant from the primary obligation to pay rent during any such period of untenantability.
(g) Flood insurance wheneverPremises, in the judgment of form, amount, and coverages reasonably acceptable to Landlord, such protection is necessary and it is available.
Appears in 1 contract
Samples: Lease (Divine Interventures Inc)