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. LESSEE will secure and carry Lessee shall, at its own expense a sole ------------- ---------------------------- cost and expense, obtain and keep in force during the term of this Lease comprehensive general liability policy insuring LESSEE insurance applying to the condition, use, occupancy, and XXXXXX against maintenance of the Premises and the business operated by Lessee, or any other occupant, on the Premises. Such insurance shall include broad (i) deleting any employee exclusion on personal injury coverage; (ii) including employees as additional insureds; and (iii) providing for coverage of employer's automobile non-ownership liability. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on bodily acts, omissions, injury and damage, which claims occurred or arose (including deathor the onset of which occurred or arose) in whole or property damage arising out in part during the policy period. The limits of all insurance described in this Section 9.04 shall not, however, limit the liability of Lessee hereunder. Not more frequently than once each calendar year if, in the reasonable opinion of Lessor, the amount of insurance required hereunder is not adequate, Lessee shall increase said insurance coverage as reasonably required by Lessor; provided that, in no event shall any such increase result in an increase in the premium therefor of greater than twenty percent (20%) 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 during the policypreceding year of the term of this Lease. The failure of Lessor to require any additional insurance coverage at any time shall not relieve Lessee from the obligation to provide increased coverage at any later time or relieve Lessee from any other obligations under this Lease. Lessee shall furnish to Lessor prior to the Commencement Date, and thereafter will file renewal certificates at least thirty (30) days prior to the expiration date of any such policiespolicy, certificates indicating that the liability insurance required to be carried by Lessee is in full force and effect. All such Such policy of liability insurance certificates shall specifically provide that such policies policy shall not be cancelled nor materially changed without subject to cancellation or reduction of coverage except after at least ten thirty (1030) days prior written notice to each assured named thereinLessor. LESSEE mayThe insurance shall be with insurers approved by Lessor and with policies in form satisfactory to Lessor, at XXXXXX's cost maintain provided however, that such other liability insurance as LESSEE may deem necessary to protect it. XXXXXX approval 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 not 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 Propertyunreasonably withheld.

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 it. XXXXXX shall assume exclusive control terminate this Lease if: (a) the LESSOR fails to give written notice within ninety (90) days of its intention to restore the Leased 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. The LESSOR reserves, and all tort liabilities incident the LESSEE grants to the control LESSOR, all rights which the LESSEE may have for damages 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 the Premises for any nature on the Leased Premises or the Property, occasioned taking 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 XXXXXXeminent domain, 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 for damage to persons LESSEE'S fixtures, property or property arising out of LESSOR's negligence on or about the Building or Propertyequipment.

LESSEE'S LIABILITY INSURANCE. LESSEE will secure and carry A. The Lessee shall, at its own expense a comprehensive Lessee's expense, maintain commercial general liability policy insurance with an insurer acceptable to the Lessor, insuring LESSEE and XXXXXX against any and all claims based on for injury to or death of persons and loss of or damage to property occurring upon, in or about the Premises arising from an act or omission of the Lessee or any of its agents, contractors, representatives, licensees or invitees. Such insurance shall have liability limits appropriate to Lessee’s Approved Purposes as set forth in Article 5, “Use of Premises”, but not less than one million dollars ($1,000,000.00) [Class N = $1 million] combined single limit for bodily injury (including death) or and property damage per occurrence and in the aggregate. Energy Northwest Contract #X-40403 Revision No: 11 Tenant Lease Agreement #014 Effective Date: May 1, 2007 B. The Lessee shall, at Lessee’s expense, maintain environmental hazards insurance with an insurer acceptable to the Lessor, insuring against any and all claims for any environmental impairment caused by Lessee’s actions within XXXX, including third party bodily injury, property damage and cleanup costs arising out from a pollution occurrence. Such insurance shall have liability limits appropriate to Lessee’s Approved Purposes as set forth in Article 5, “Use of Premises”, but not less than one million dollars ($1,000,000.00) [Class N, = $1 million] combined single limit per occurrence and in the aggregate. If the policy is not a “claims made” policy, a minimum of two years discovery and reporting of claims period is required. Lessee or Lessee’s insurer shall have the option to perform any required remediation, or to pay for or reimburse the costs of any required remediation to the satisfaction of the condition Lessor, Lessor’s insurer and the responsible regulatory authorities. C. All insurance required per paragraph A and B above: 1. shall be primary insurance as respects the Lessor for any and all covered Lessee liabilities arising from an act or omission of the Leased Lessee or any of its agents, contractors, representatives, licensees or invitees. Any such insurance maintained by the Lessor shall be excess of Lessee’s insurance and shall not contribute to it. The liability of Lessee and any of its insures shall not be reduced, offset, or otherwise affected by the existence and/or collectability of any insurance maintained by Lessor; and 2. shall contain a provision whereby the carrier agrees not to cancel or significantly modify the insurance without thirty (30) days prior written notice to the Lessor; and 3. shall name the Lessor as additional insured; and 4. shall not contain a severability of interests exclusion. The Parties understand that they will be bound by the comparative fault laws of the State of Washington. D. On or before taking possession of the Premises or their use by XXXXXXpursuant to this Lease, the Lessee shall provide the Lessor with a copy of the insurance policies and certificates evidencing the aforesaid insurance coverage required per paragraphs A and B above, with underwriters acceptable to the Lessor, such policy acceptance by Lessor not to insure LESSEE be unreasonably withheld. Renewal certificates and LESSOR against any claim up to One Million Dollars ($1,000,000) per occurrence for injury changes in terms 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 underwriter shall be subject furnished 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 Lessor for the policy, and thereafter will file renewal certificates approval at least thirty (30) days prior to the expiration date of any such policieseach policy for which a certificate was theretofore furnished. 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 mayEnergy Northwest Contract #X-40403 Revision No: 11 Tenant Lease Agreement #014 Effective Date: May 1, 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.2007

LESSEE'S LIABILITY INSURANCE. LESSEE will secure and carry A. The Lessee shall, at its own expense a comprehensive Lessee’s expense, maintain commercial general liability policy insurance with an insurer acceptable to the Lessor, insuring LESSEE and XXXXXX against any and all claims based on for injury to or death of persons and loss of or damage to property occurring upon, in or about the Premises arising from an act or omission of the Lessee or any of its agents, contractors, representatives, licensees or invites. Such insurance shall have liability limits appropriate to Lessee’s Approved Purposes as set forth in Article 5, “Use of Premises”, but not less than one million dollars ($1,000,000.00) [Class G Lease = $1 million,] combined single limit for bodily injury (including death) or and property damage per occurrence and in the aggregate. B. The Lessee shall, at Lessee’s expense, maintain environmental hazards insurance with an insurer acceptable to the Lessor, insuring against any and all claims for any environmental impairment caused by Lessee’s actions within AXXX, including third party bodily injury, property damage and cleanup costs arising out from a pollution occurrence. Such insurance shall have liability limits appropriate to Lessee’s Approved Purposes as set forth in Article 5, “Use of Premises”, but not less than ____ no _____ dollars ($ 0______) [Class G Lease = $0] combined single limit per occurrence and in the aggregate. If the policy is not a “claims made” policy, a minimum two-year discovery and reporting of claims period is required. Lessee or Lessee’s insurer shall have the option to perform any required remediation, or to pay for or reimburse the costs of any required remediation to the satisfaction of the condition Lessor, Lessor’s insurer and the responsible regulatory authorities. C. All insurance required per paragraph A and B above: 1. shall be primary insurance as respects the Lessor for any and all covered Lessee liabilities arising from an act or omission of the Leased Lessee or any of its agents, contractors, representatives, licenses, or invitees. Any such insurance maintained by the Lessor shall be excess of Lessee’s insurance and shall not contribute to it. The liability of Lessee and any of its insures shall not be reduced, offset, or otherwise affected by the existence and/or collectability of any insurance maintained by Lessor; and 2. shall contain a provision whereby the carrier agrees not to cancel or significantly modify the insurance without thirty (30) days prior to written notice to the Lessor; and 3. shall name the Lessor as additional insured; and 4. shall not contain a severability of interests exclusion. The Parties understand that they will be bound by the comparative fault laws of the State of Washington. D. On or before taking possession of the Premises or their use by XXXXXXpursuant to this Lease, the Lessee shall provide the Lessor with a copy of the insurance policies and certificates evidencing the aforesaid insurance coverage required per paragraphs A and B above, with underwriters acceptable to the Lessor, such policy acceptance by Lessor not to insure LESSEE be unreasonably withheld. Renewal certificates and LESSOR against any claim up to One Million Dollars ($1,000,000) per occurrence for injury changes in terms 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 underwriter shall be subject furnished 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 Lessor for the policy, and thereafter will file renewal certificates approval at least thirty (30) days prior to the expiration date 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 policy for which 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 Propertycertificate was theretofore furnished.