Common use of LESSEE'S LIABILITY INSURANCE Clause in Contracts

LESSEE'S LIABILITY INSURANCE. (a) The LESSEE shall maintain with respect to the Leased Premises and the property of which the Leased Premises are a part comprehensive public liability insurance in the amount of $1 million Combined Single Limit and property damage insurance in the amount of the value of the replacement of LESSEE'S personal property and improvements in responsible companies qualified to do business in the state. The LESSEE shall deposit with the LESSOR certificates for such insurance at or prior to the commencement of the term, and thereafter within (30) days prior to the expiration of any such policies. All such insurance certificates shall provide that such policies shall not be canceled without at least ten (10) days prior written notice to each assured named therein. (b) All fire and property casualty insurance which either party carries with respect to the building, Leased Premises or any property therein, whether or not required, shall include provisions which deny to the insurer acquisition by subrogation of rights of recovery against the other party to the extent such rights have been waived by the insured party prior to occurrence of loss, insofar as and to the extent that such provisions may be effective without making it impossible to obtain insurance coverage from responsible companies qualified to do business in the Commonwealth of Massachusetts (even though extra premium may result therefrom). In the event that any extra premium is payable by either party as a result of this provision, the other party shall reimburse the party paying such premium the amount of such extra premium. If at the request of one party, this non subrogation provision is waived as to such party, then the obligation of reimbursement by such party shall cease for such period of time as such waiver shall be effective. Each party shall be entitled to have duplicates or certificates of any policies containing such provisions. Each party hereby waives all rights of recovery against the other for loss or injury against which the waiving party is protected by insurance containing said non-subrogation provisions, reserving, however, any rights with respect to any excess of loss or injury over the amount recovered from such insurance.

Appears in 2 contracts

Samples: Commercial Lease (Synta Pharmaceuticals Corp), Commercial Lease (Synta Pharmaceuticals Corp)

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LESSEE'S LIABILITY INSURANCE. (a) The LESSEE shall maintain with respect to the Leased Premises and the property of which the Leased Premises are a part comprehensive public therein (i) General Liability Bodily Injury and Property Damage primary liability insurance in the amount limit of $1 million Combined Single Limit 1,000,000 on an occurrence basis with a general aggregate limit of $2,000,000, (ii) Umbrella liability limit of a minimum of $1,000,000, (iii) Worker’s compensation statutory liability, (iv) employer’s non-owned and property damage insurance in the amount hired auto at a combined single limit for Bodily injury and Property Damage of the value of the replacement of LESSEE'S personal property and improvements $1,000,000, each in responsible companies qualified to do business in Massachusetts and in good standing therein insuring the stateLESSOR as well as LESSEE against injury to persons or damage to property as provided. The LESSEE shall deposit with the LESSOR certificates for such insurance at or prior to the commencement of the term, and thereafter within twenty (3020) days prior to the expiration of any such policies. All such insurance certificates shall provide that such policies shall not be canceled without at least ten (10) days prior written notice to each assured named therein. (b) All fire . LESSOR and LESSEE intend that their respective property casualty loss risks shall be borne by responsible insurance which either party carries with respect carriers qualified to the building, Leased Premises or any property do business in Massachusetts and in good standing therein, whether or not requiredand LESSOR and LESSEE hereby agree to look solely to, shall include provisions which deny to and seek recovery only from, their respective insurance carriers in the insurer acquisition by subrogation event of rights of recovery against the other party to the extent such rights have been waived by the insured party prior to occurrence of loss, insofar as and a property loss to the extent that such provisions may coverage is agreed to be effective without making it impossible provided hereunder. The parties each hereby waive all rights and claims against each other for such losses, and to the extent they are able, waive all rights subrogation of their respective insurers, provided such waiver of subrogation shall not affect the right of the insured to recover hereunder. Each party hereto, to the extent they are able, will obtain from their respective insurance coverage from responsible companies qualified to do business in the Commonwealth of Massachusetts (even though extra premium may result therefrom). In the event that any extra premium is payable by either party as a result of this provision, the other party shall reimburse the party paying such premium the amount of such extra premium. If at the request of one party, this non subrogation provision is waived carriers as to such party, then the obligation policies of reimbursement by insurance a waiver of such party shall cease for such period of time as such waiver shall be effective. Each party shall be entitled to have duplicates or certificates of any policies containing such provisions. Each party hereby waives all carrier’s rights of recovery under subrogation or otherwise against such party. Except as provided herein, the other parties to this lease are each responsible for loss or injury against which the waiving party is protected by insurance containing said non-subrogation provisions, reserving, however, any rights with respect to any excess of loss or injury over the amount recovered from such insuranceinsuring their own property.

Appears in 1 contract

Samples: Commercial Lease (Scientific Learning Corp)

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LESSEE'S LIABILITY INSURANCE. (a) The LESSEE shall maintain with respect to the Leased Premises and the property of which the Leased Premises are a part comprehensive public liability insurance in the amount of $1 million Combined Single Limit Limit, and property damage insurance in the amount of the value of the replacement of LESSEE'S 's personal property and improvements improvements, in responsible companies qualified to do business in the state. The LESSEE shall deposit with the LESSOR certificates for such insurance at or prior to the commencement of the term, and thereafter within (30) days prior to the expiration of any such policies. All such insurance certificates shall provide that such policies shall not be canceled without at least ten (10) days prior written notice to each assured named therein. (, b) All fire and property casualty insurance which either party carries with respect to the building, Leased Premises or any property therein, whether or not required, shall include provisions which deny to the insurer acquisition by subrogation of rights of recovery against the other party to the extent such rights have been waived by the insured party prior to occurrence of loss, insofar as and to the extent that such provisions may be effective without making it impossible to obtain insurance coverage from responsible companies qualified to do business in the Commonwealth of Massachusetts (even though extra premium may result therefrom). In the event that any extra premium is payable by either party as a result of this provision, the other party shall reimburse the party paying such premium the amount of such extra premium. If at the request of one party, this non subrogation provision is waived as to such party, then the obligation of reimbursement by such party shall cease for such period of time as such waiver shall be effective. Each party shall be entitled to have duplicates or certificates of any policies containing such provisions. Each party hereby waives all rights of recovery against the other for loss or injury against which the waiving party is protected by insurance containing said non-subrogation provisions, reserving, however, any rights with respect to any excess of loss or injury over the amount recovered from such insurance.

Appears in 1 contract

Samples: Commercial Lease (Emed Technologies Corp)

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