Common use of LESSEE'S LIABILITY INSURANCE Clause in Contracts

LESSEE'S LIABILITY INSURANCE. LESSEE will secure and carry at its own expense a comprehensive general liability policy insuring LESSEE and XXXXXX against any claims based on bodily injury (including death) or property damage arising out of the condition of the Leased Premises or their use by XXXXXX, such policy to insure LESSEE and LESSOR against any claim up to One Million Dollars ($1,000,000) per occurrence for injury or death to one person, Three Million Dollars ($3,000,000) for injury or death to more than one person in the same accident, and One Million Dollars ($1,000,000) for damage to property. Such limits shall be subject to increase from time to time during the Lease Term. The amount of such insurance shall not limit LESSEE's liability nor relieve LESSEE of any obligation hereunder. Upon the commencement of the Lease Term LESSEE will promptly file with LESSOR certificates reasonably satisfactory to LESSOR showing that such insurance is in force, accompanied by evidence of the payment of the premium for the policy, and thereafter will file renewal certificates at least thirty (30) days prior to the expiration of any such policies. All such insurance certificates shall provide that such policies shall not be cancelled nor materially changed without at least ten (10) days prior written notice to each assured named therein. LESSEE may, at XXXXXX's cost maintain such other liability insurance as LESSEE may deem necessary to protect it. XXXXXX shall assume exclusive control of the Leased Premises, and all tort liabilities incident to the control or ownership thereof and agrees to indemnify and hold the LESSOR free and harmless from any and all liability, penalties, losses, damages, costs and expenses, causes of action, claims or judgements or encumbrances created or suffered by the LESSEE, and from any and all liability, penalties, losses, damages, costs and expenses, causes of action, claims, or judgements arising from injury to persons or property of any nature on the Leased Premises or the Property, occasioned by any acts or omissions of the LESSEE or of its employees, agents, invitees, visitors, callers, servants, subtenants, or independent contractors, and arising out of the use or occupation of said Leased Premises by LESSEE from any neglect or misuse on the Leased Premises or by any reason of nuisance made or suffered on the Leased Premises by LESSEE excluding in all cases, loss or damage due to XXXXXX's acts or omissions and also against all legal costs and charges, including counsel fees, reasonably incurred in and about such matters and the defense of any action arising out of the same, or in discharging the Leased Premises or any part thereof from any and all liens that may be placed thereon from charges incurred by XXXXXX, except as caused by LESSORS negligence. If LESSOR intervenes in or becomes a party to any such action or actions growing out of this Lease to protect its rights, then the LESSEE shall pay LESSOR's reasonable attorneys' fees in such action or actions. XXXXXX agrees to carry, at its own expense, liability insurance covering injuries or damage to persons or property arising out of LESSOR's negligence on or about the Building or Property.

LESSEE'S LIABILITY INSURANCE. The LESSEE will secure shall maintain with respect to the Premises and carry at its own expense the Property of which the Premises are a part, comprehensive general public liability policy insurance in the amounts of $1,000,000.00/$1,000,000.00, with property damage insurance in limits of $1,000,000.00, in responsible companies qualified to do business in Massachusetts and in good standing therein, insuring the LESSEE and XXXXXX naming the LESSOR as an additional insured, with respect to the acts or omissions of LESSEE, against any claims based on bodily injury (including death) to persons or damage to property damage arising out as provided. The LESSEE shall deposit with the LESSOR, prior to the Commencement Date of the condition term of the Leased Premises or their use by XXXXXXthis Lease, certificates for such policy to insure LESSEE and LESSOR against any claim up to One Million Dollars ($1,000,000) per occurrence for injury or death to one person, Three Million Dollars ($3,000,000) for injury or death to more than one person in the same accident, and One Million Dollars ($1,000,000) for damage to property. Such limits shall be subject to increase from time to time during the Lease Term. The amount of such insurance shall not limit LESSEE's liability nor relieve LESSEE of any obligation hereunder. Upon the commencement of the Lease Term LESSEE will promptly file with LESSOR certificates reasonably satisfactory to LESSOR showing that such insurance is in force, accompanied by evidence of the payment of the premium for the policyinsurance, and thereafter will file renewal certificates at least within thirty (30) days prior to the expiration of any such policies. All such insurance certificates shall provide that such policies shall not be cancelled nor materially changed without at least ten (10l0) days prior written notice to each assured insured named therein. LESSEE mayNotwithstanding anything contained herein to the contrary, at XXXXXX's cost maintain such other it is hereby understood and agreed that in the event the LESSOR files a claim under the LESSEE'S comprehensive public liability insurance as policy, the LESSOR shall simultaneously notify the LESSEE of such claim. SECTION 21 - INSURABLE DAMAGES LESSOR shall not be liable for any damage insurable by LESSEE to LESSEE'S fixtures, merchandise or property unless caused by XXXXXX'S negligence and LESSEE hereby releases LESSOR from same. LESSEE shall not be liable for any damage insurable by XXXXXX to the Premises, regardless of cause and LESSOR hereby releases LESSEE from same. SECTION 22 - FIRE, CASUALTY, EMINENT DOMAIN Should a substantial portion of the Premises, or of the Property of which the Premises are a part, be damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this Lease. When such fire, casualty, or taking renders the Premises substantially unsuitable for LESSEE'S intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may deem necessary elect to protect itterminate this Lease if: (a) the LESSOR fails to give written notice within ninety (90) days of its intention to restore the Premises, or (b) the LESSOR fails to restore the Premises to a condition substantially suitable for LESSEE'S intended use within one hundred twenty (l20) days of said fire, casualty or taking. XXXXXX shall assume exclusive control The LESSOR reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the Premises for any taking by eminent domain, except for damage to LESSEE'S fixtures, property or equipment. SECTION 23 - DEFAULT, BANKRUPTCY If at any time subsequent to the date of this Lease, any one or more of the Leased following events (herein referred to as a default of LESSEE) shall occur: (a) LESSEE shall fail to pay the installment of rent, escalation charge or other charges hereunder when due, and such failure shall continue for five (5) full business days after notice has been given to LESSEE from LESSOR; (b) LESSEE shall default in the observance or performance of any other of the LESSEE'S covenants, agreements, or obligations hereunder and such default shall not be corrected within thirty (30) days after such notice thereof; (c) LESSEE shall be declared bankrupt or insolvent according to law; or (d) if any assignment shall be made of LESSEE'S property for the benefit of creditors, then the LESSOR shall have the right thereafter, while such default continues, to re- enter and take complete possession of the Premises, to declare the term of this Lease ended, and to remove the LESSEE'S effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the remainder of the term. If the LESSEE should default, after reasonable notice thereof, in the observance or performance of any conditions or covenants on LESSEE'S part to be observed or performed under or by virtue of any of the provisions in any section of this Lease, the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, any such sums paid or obligations incurred, shall accrue interest at the rate equal to two percent (2%) above the then prime interest rate per annum, and all tort liabilities incident costs shall be paid to the control or ownership thereof and agrees to indemnify and hold the LESSOR free and harmless from any and all liability, penalties, losses, damages, costs and expenses, causes of action, claims or judgements or encumbrances created or suffered by the LESSEE, and from any and all liability, penalties, losses, damages, costs and expenses, causes of action, claims, or judgements arising from injury to persons or property of any nature on the Leased Premises or the Property, occasioned by any acts or omissions of the LESSEE or of its employees, agents, invitees, visitors, callers, servants, subtenants, or independent contractors, and arising out of the use or occupation of said Leased Premises by LESSEE from any neglect or misuse on the Leased Premises or by any reason of nuisance made or suffered on the Leased Premises by LESSEE excluding in all cases, loss or damage due to XXXXXX's acts or omissions and also against all legal costs and charges, including counsel fees, reasonably incurred in and about such matters and the defense of any action arising out of the same, or in discharging the Leased Premises or any part thereof from any and all liens that may be placed thereon from charges incurred by XXXXXX, except as caused by LESSORS negligenceadditional rent. If LESSOR intervenes in or becomes a party to any such action or actions growing out of this Lease to protect its rights, then the LESSEE shall pay LESSOR's reasonable attorneys' fees in such action or actions. XXXXXX agrees to carry, at its own expense, liability insurance covering injuries or damage to persons or property arising out of LESSOR's negligence on or about the Building or Property.SECTION 24 -

LESSEE'S LIABILITY INSURANCE. LESSEE will secure Notwithstanding anything to the contrary contained in the Lease, Lessee shall, at Lessee's expense, obtain and carry at its own expense keep in force during the term of this Lease, a comprehensive commercial general liability insurance policy insuring LESSEE and XXXXXX Lessee against any claims based on the risks of bodily injury (including death) or and property damage damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the condition ownership, use, occupancy or maintenance of the Leased Premises or their use by XXXXXX, such and the common area adjacent to the leased premises. Such insurance shall be a combined single limit policy to insure LESSEE and LESSOR against any claim up to One Million Dollars in an amount not less than ONE MILLION DOLLARS ($1,000,000$ 1,000,000.00) per occurrence with TWO MILLION DOLLAR ($2,000,000.00) annual aggregate and an umbrella policy of ONE MILLION DOLLARS ($ 1,000,000.00) any one occurrence. Lessor and any lender and any other party in interest designated by Lessor shall be named as additional insured(s). The policy shall contain cross liability endorsements and shall insure performance by Lessee of the indemnity provisions of this Lease; shall cover contractual liability, and products liability; shall be primary, not contributing with, and not in excess of coverage which Lessor may carry; shall state that Lessor is entitled to recovery for the negligence of Lessee even though Lessor is named as an additional insured; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or death to one person, Three Million Dollars damage which occurred or arose ($3,000,000or the onset of which occurred or arose) for injury in whole or death to more than one person in the same accident, and One Million Dollars ($1,000,000) for damage to property. Such limits shall be subject to increase from time to time part during the Lease Termterm of this Lease. The amount limits of such said insurance shall not limit LESSEE's any liability nor relieve LESSEE of any obligation Lessee hereunder. Upon Not more frequently than every three (3) years, if, in the commencement reasonable opinion of Lessor, the Lease Term LESSEE will promptly file with LESSOR certificates reasonably satisfactory to LESSOR showing that such insurance is in force, accompanied by evidence amount of the payment of the premium for the policy, and thereafter will file renewal certificates at least thirty (30) days prior to the expiration of any such policies. All such insurance certificates shall provide that such policies shall not be cancelled nor materially changed without at least ten (10) days prior written notice to each assured named therein. LESSEE may, at XXXXXX's cost maintain such other liability insurance required hereunder is not adequate, Lessee shall promptly increase said insurance coverage as LESSEE may deem necessary to protect it. XXXXXX shall assume exclusive control of the Leased Premises, and all tort liabilities incident to the control or ownership thereof and agrees to indemnify and hold the LESSOR free and harmless from any and all liability, penalties, losses, damages, costs and expenses, causes of action, claims or judgements or encumbrances created or suffered required by the LESSEE, and from any and all liability, penalties, losses, damages, costs and expenses, causes of action, claims, or judgements arising from injury to persons or property of any nature on the Leased Premises or the Property, occasioned by any acts or omissions of the LESSEE or of its employees, agents, invitees, visitors, callers, servants, subtenants, or independent contractors, and arising out of the use or occupation of said Leased Premises by LESSEE from any neglect or misuse on the Leased Premises or by any reason of nuisance made or suffered on the Leased Premises by LESSEE excluding in all cases, loss or damage due to XXXXXX's acts or omissions and also against all legal costs and charges, including counsel fees, reasonably incurred in and about such matters and the defense of any action arising out of the same, or in discharging the Leased Premises or any part thereof from any and all liens that may be placed thereon from charges incurred by XXXXXX, except as caused by LESSORS negligence. If LESSOR intervenes in or becomes a party to any such action or actions growing out of this Lease to protect its rights, then the LESSEE shall pay LESSOR's reasonable attorneys' fees in such action or actions. XXXXXX agrees to carry, at its own expense, liability insurance covering injuries or damage to persons or property arising out of LESSOR's negligence on or about the Building or PropertyLessor.