Landlord's Casualty Insurance Obligations. Landlord shall keep the Property insured for the benefit of Landlord, its lenders and agents, in an amount equivalent to the full replacement value thereof (excluding the Land, foundation, grading and excavation costs) against: (a) loss or damage by fire; and (b) such other risk or risks which are customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Property, including but not limited to windstorms, hail, explosion, vandalism, malicious mischief, civil commotion and such other coverage as Landlord may deem appropriate or necessary. These insurance provisions shall not limit or modify the obligations of Tenant under any provision of this Lease. Such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation as to Tenant. Landlord waives, releases and discharges Tenant from all claims or demands whatsoever which Landlord may have or acquire arising out of damage to or destruction of the Property, or loss of use thereof occasioned by fire or other casualty, which claim or demand may arise because of the negligence or fault of Tenant, its agents, employees, customers or business invitees, and Landlord agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing or anything to the contrary elsewhere in this Lease, Tenant shall be obligated to continue to pay Rent in the event of damage to or destruction of the Premises or the Property if such damage or destruction is occasioned by the negligence or fault of Tenant, its agents, employees, customers or business invitees. Premiums paid for insurance under this section shall be included in Operating Expenses.
Appears in 1 contract
Samples: Office Lease Agreement (Netbank Inc)
Landlord's Casualty Insurance Obligations. Landlord shall keep the Property Office Complex insured for the benefit of Landlord, its lenders and agents, in an amount equivalent to the full replacement value thereof (excluding the Land, foundation, grading and excavation costs) against:
(a) loss or damage by fire; and
(b) such other risk or risks which of a similar or dissimilar nature as are now or may be customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the PropertyOffice Complex, including including, but not limited to without limiting the generality of the foregoing, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion commotion, and such other coverage as Landlord may deem appropriate or necessarybe deemed necessary by Landlord, provided such additional coverage is obtainable and provided such additional coverage is such as is customarily carried with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Office Complex. These insurance provisions shall not in no way limit or modify any of the obligations of Tenant under any provision of this Lease. Such Landlord agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation as to Tenant. clause in favor of Tenant and Landlord waives, releases and discharges Tenant from all claims or demands whatsoever which Landlord may have or acquire arising out of damage to or destruction of the Property, Office Complex or loss of use thereof occasioned by fire or other casualty, which claim or demand may arise because of the negligence or fault of Tenant, its agents, employees, customers or business invitees, or otherwise, and Landlord agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing or anything to the contrary elsewhere in this Leaseforegoing, Tenant shall be obligated to continue to pay Rent the rental called for hereunder in the event of damage to or destruction of the Premises or the Property Office Complex if such damage or destruction is occasioned by the negligence or fault of Tenant, its agents, agents or employees, customers such fault to be established by arbitration or business inviteesa judicial proceeding. Premiums Insurance premiums paid for insurance coverage required under this section Article 6 by Landlord shall be included in a portion of the "Operating Expenses" described in Article 2 hereof.
Appears in 1 contract
Samples: Deed of Lease (Coherent Communications Systems Corp)
Landlord's Casualty Insurance Obligations. Landlord shall keep the Property insured for the benefit of In connection with Rent ----------------------------------------- and Additional Rent to be paid by Tenant to Landlord, its lenders Landlord agrees to obtain and agentscontinuously maintain in full force and effect during the Term, in commencing with the date that Rent (full or partial) commences, policies of insurance covering the Improvements constructed, installed or located on the Demised Premises naming the Tenant, as an amount equivalent to the full replacement value thereof additional insured, against: (excluding the Land, foundation, grading and excavation costs) against:
(ai) loss or damage by fire; and
(bii) loss or damage from such other risk risks or hazards now or hereafter embraced by an "Extended Coverage Endorsement," including, but not limited to, windstorm, hail, explosion, vandalism, riot and civil commotion, damage from vehicles, smoke damage, water damage and debris removal; (iii) loss for flood if the Demised Premises are in a designated flood or flood insurance area; (iv) loss from so-called explosion, collapse and underground hazards; (v) loss of rental insurance for at least a twelve (12) month period; and (vi) loss or damage from such other risks or hazards of a similar or dissimilar nature which are now or may hereafter be customarily covered insured against with respect to buildings and improvements similar in construction, design, general location, use, occupancy and design location to the PropertyImprovements. At all times, including but not limited such insurance coverage shall be in an amount equal to windstorms, hail, explosion, vandalism, malicious mischief, civil commotion and such other coverage as Landlord may deem appropriate or necessary. These insurance provisions shall not limit or modify the obligations of Tenant under any provision of this Lease. Such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation as to Tenant. Landlord waives, releases and discharges Tenant from all claims or demands whatsoever which Landlord may have or acquire arising out of damage to or destruction one hundred percent (100%) of the Property, or loss of use thereof occasioned by fire or other casualty, which claim or demand may arise because then "full replacement cost" of the negligence Improvements. "Full Replacement Cost" shall be interpreted to mean the cost of replacing the Improvements without deduction for depreciation or fault of Tenant, its agents, employees, customers or business inviteeswear and tear, and Landlord agrees to look to it shall include a reasonable sum for architectural, engineering, legal, administrative and supervisory fees connected with the insurance coverage only in restoration or replacement of the event of such loss. Notwithstanding the foregoing or anything to the contrary elsewhere in this Lease, Tenant shall be obligated to continue to pay Rent Improvements in the event of damage to thereto or destruction of the Premises or the Property if such damage or destruction is occasioned by the negligence or fault of Tenant, its agents, employees, customers or business inviteesthereof. Premiums paid for insurance under this section If a sprinkler system shall be included located in Operating Expensesthe Improvements, sprinkler leakage insurance shall be procured and continuously maintained by Landlord. For the period prior to the date when full or partial Rent commences hereunder Landlord, at its sole cost and expense, shall also maintain in full force and effect, on a completed value basis, insurance coverage on the Building and Improvements on Builder's Risk or other comparable coverage. Landlord and Tenant shall require any contractor, subcontractor, sub-subcontractor, laborer or materialman that works on the Demised Premises for Landlord or Tenant to provide a satisfactory certificate of insurance to the other prior to commencement of any such work.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Landlord's Casualty Insurance Obligations. Landlord shall will keep the Property Office Complex insured for the benefit of Landlord, its lenders and agents, Landlord in an amount equivalent to the full replacement value thereof (excluding the Land, foundation, grading and excavation costs) against:
(a) loss or damage by fire; and
(b) such other risk or risks which of a similar or dissimilar nature as are now or may be customarily covered under an all-risk property insurance policy with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the PropertyOffice Complex, including including, but not limited to without limiting the generality of the foregoing, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion commotion, and such other coverage as Landlord may deem appropriate be deemed necessary by Landlord, providing such additional coverage is obtainable and providing such additional coverage is such as is customarily carried with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Office Complex. Such policies of insurance will be written in companies having an A.M. Best’s “General Policy Holding Rating” of A- or necessarybetter and a financial rating class of VII or better, or otherwise reasonably satisfactory to Tenant, with deductibles not to exceed $10,000 per event. These insurance provisions shall not will in no way limit or modify any of the obligations of Tenant under any provision of this Lease. Such Landlord agrees that such policy or policies of insurance shall will permit releases of liability as provided herein and/or waiver of subrogation clause as to Tenant. Landlord waives, releases and discharges Tenant from all claims or demands whatsoever which Landlord may have or acquire arising out of damage to or destruction of the PropertyBuilding or Office Complex, or any personal property therein, or loss of use thereof thereof, occasioned by fire or other casualtycasualty which is or is required to be insured against under the terms of the policies required to be carried by Landlord pursuant to this Section 6.1 or Section 6.3(c) (whether or not Landlord actually carries such policies), which claim or demand may arise because regardless of the negligence or fault of Tenant, its agents, employees, customers or business invitees, and . Landlord agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing or anything to the contrary elsewhere in this Lease, Tenant shall be obligated to continue to pay Rent in the event of damage to or destruction of the Premises or the Property if such damage or destruction is occasioned by the negligence or fault of Tenant, its agents, employees, customers or business invitees. Premiums Insurance premiums paid for insurance coverage required under this section shall Article 6 by Landlord will be included in a portion of the “Operating Expenses” described in Article 2 hereof.
Appears in 1 contract
Samples: Office Lease (Depomed Inc)
Landlord's Casualty Insurance Obligations. Landlord shall will keep the Property Office Complex insured for the benefit of Landlord, its lenders and agents, Landlord in an amount equivalent to the full replacement value thereof (excluding the Land, foundation, grading excluding and excavation costs) against:
(a) loss or damage by fire; and
(b) such other risk or risks which of a similar or dissimilar nature as are now or may be customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the PropertyOffice Complex, including including, but not limited to without limiting the generality, of the foregoing, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion commotion, and such other coverage as Landlord may deem appropriate or necessarybe deemed necessary by Landlord, providing such additional coverage is obtainable and providing such additional coverage is such as is customarily carried with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Office Complex. These insurance provisions shall not will in no way limit or modify any of the obligations of Tenant under any provision of this Lease. Such Landlord agrees that such policy or policies of insurance shall will permit releases of liability as provided herein and/or waiver of subrogation clause as to Tenant. , and Landlord waives, releases and discharges Tenant from all claims or demands whatsoever which Landlord may have or acquire arising out of damage to or destruction of the Property, Office Complex or loss of use thereof occasioned by fire or other casualty, which claim or demand may arise because of the negligence or fault of Tenant, its agents, employees, customers or business invitees, or otherwise, and Landlord agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing or anything to the contrary elsewhere in this Leaseforegoing, Tenant shall will be obligated to continue to pay Rent the rental called for hereunder in the event of damage to or destruction of the Premises or the Property Office Complex if such damage or destruction is occasioned by the negligence or fault of Tenant, its agents, agents or employees, customers or business invitees. Premiums Insurance premiums paid for insurance coverage required under this section shall Article 6 by Landlord will be included in a portion of the "Operating Expenses" described in Article 2 hereof.
Appears in 1 contract
Samples: Office Lease (Vitria Technology Inc)
Landlord's Casualty Insurance Obligations. Landlord shall keep the Property Office Complex insured for the benefit of Landlord, its lenders and agents, in an amount equivalent to the full replacement value thereof (excluding the Land, foundation, grading and excavation costs) against:
(a) loss or damage by fire; and
(b) such other risk or risks which of a similar or dissimilar nature as are now or may be customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the PropertyOffice Complex, including including, but not limited to without limiting the generality of the foregoing, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion commotion, and such other coverage as may be deemed necessary by Landlord may deem appropriate or necessaryincluding rental interruption insurance, provided such additional coverage is obtainable and provided such additional coverage is such as is customarily carried with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Office Complex. The foregoing insurance shall be on an agreed value basis. These insurance provisions shall not in no way limit or modify any of the obligations of Tenant under any provision of this Lease. Such Landlord agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause in favor of Tenant so long as such release/waiver is available at a commercially reasonable rate. Subject to Tenant. the foregoing, Landlord waives, releases and discharges Tenant from all claims or demands whatsoever which Landlord may have or acquire arising out of damage to or destruction of the Property, Of Office Complex or loss of use thereof occasioned by fire or other casualty, which claim or demand may arise because of the negligence or fault of Tenant, its agents, employees, customers or business invitees, or otherwise, and Landlord agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing or anything to the contrary elsewhere in this Leaseforegoing, Tenant shall be obligated to continue to pay Rent the rental called for hereunder in the event of damage to or destruction of the Premises or the Property Of Office Complex if such damage or destruction is occasioned by the negligence or fault of Tenant, its agents, agents or employees, customers such fault to be established by arbitration or business invitees. Premiums paid for insurance under this section shall be included in Operating Expensesa judicial proceeding.
Appears in 1 contract
Landlord's Casualty Insurance Obligations. Landlord shall will keep the Property Premises insured for the benefit of Landlord, its lenders and agents, Landlord in an amount equivalent to the full replacement value thereof (excluding the Land, foundation, grading grading, and excavation costs) against:
(a) 7.1.1 loss or damage by fire; and;
(b) 7.1.2 such other risk or risks which of a similar or dissimilar nature as are now, or may in the future be, customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy occupancy, and design to the PropertyPremises, including including, but not limited to without limiting the generality of the foregoing, windstorms, hail, explosionexplosions, vandalism, malicious mischief, civil commotion commotion, and such other coverage as Landlord may deem appropriate or necessary, providing such additional coverage is obtainable and providing such additional coverage is customarily carried with respect to buildings and improvements similar in construction, general location, use, occupancy, and design to the Premises; and
7.1.3 if Landlord so chooses, rent interruption insurance, insuring against loss of all or any portion of the Rent due and payable hereunder, for up to 12 months, but the cost of such insurance shall be Landlord’s sole cost and shall not be included in the Additional Rent. Tenant shall have the right to reasonably approve all deductible amounts. These insurance provisions shall not will in no way limit or modify any of the obligations of Tenant under any provision of this Lease. Such To the extent permitted by Landlord’s insurer, Landlord agrees that such policy or policies of insurance shall will permit releases of liability as provided herein and/or waiver of subrogation clauses as to Tenant. To the extent covered by policies of insurance, Landlord waives, releases releases, and discharges Tenant Tenant, and its agents, employees, and servants, from all claims or demands whatsoever which Landlord may have or acquire arising out of damage to or destruction of the Property, Premises or loss of use thereof thereof, occasioned by fire or other casualty, which whether such claim or demand may arise because of the negligence or fault of Tenant, or its agents, employees, customers servants, customers, or business inviteesinvitees or otherwise, and Landlord agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing or anything to the contrary elsewhere in this Leaseforegoing, Tenant shall will be obligated to continue to pay the Rent called for hereunder in the event of damage to or destruction of the Premises or the Property Premises, if such damage or destruction is occasioned by the negligence or fault of Tenant, or its agentsagents or employees. Except as otherwise provided herein, employees, customers or business invitees. Premiums insurance premiums paid for insurance coverage required under this section shall Article 7 by Landlord will be included a portion of the Additional Rent described in Operating ExpensesArticle 3 hereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (National Technical Systems Inc /Ca/)