Lessor’s Insurance. Lessor covenants and agrees that throughout the Term it will insure the Building, excluding any property with respect to which Lessee is obligated to insure pursuant to Subsection 32(A) (1) (a) above, against damage by fire and standard extended coverage perils and public liability insurance in such reasonable amounts with such reasonable deductibles as required by any mortgagee or ground lessor, or if none, as would be carried by a prudent owner of a similar building in the area. In addition, Lessor shall maintain and keep in force and effect during the Term, rental income insurance insuring Lessor against abatement or loss of Term Fixed Basic Rent, including items of Additional Rent, in case of fire or other casualty similarly insured against, in an amount at least equal to the Term Fixed Basic Rent and Additional Rent during, at the minimum, one (1) Lease Year hereunder. Lessor may, but shall not be obligated to, take out and carry any other forms of insurance as it or the mortgagee or ground lessor (if any) of Lessor may require or reasonably determine available. All insurance carried by Lessor on the Building, Complex or Parcel shall be included as an Operating Cost pursuant to Subsection 25(A). Notwithstanding its inclusion as an Operating Cost or any contribution by Lessee to the cost of insurance premiums by Lessee as provided herein, Lessee acknowledges that it has no right to receive any proceeds from any such insurance policies carried by Lessor. Lessee further acknowledges that the exculpatory provisions of this Lease as set forth in Section 39 and the provisions of this Section 32 as to Lessee's insurance are designed to insure adequate coverage as to Lessee's property and business without regard to fault and avoid Lessor obtaining similar coverage for said loss for its negligence or that of its agents, servants or employees which could result in additional costs includable as part of Operating Costs which are payable by Lessee. Lessor will not carry insurance of any kind on Lessee's furniture or furnishings, or on any fixtures, equipment, appurtenances or improvements of Lessee under this Lease and Lessor shall not be obligated to repair any damage thereto or replace the same.
Appears in 2 contracts
Samples: Lease Agreement (Goamerica Inc), Lease Agreement (Goamerica Inc)
Lessor’s Insurance. Lessor covenants and agrees that throughout the Term it will insure the Building, Building [excluding any property with respect to which Lessee is obligated to insure pursuant to Subsection 32(A) (1) (a32(A)(1)(a) above, ] against damage by fire and standard extended coverage perils and public liability insurance in such reasonable amounts with such reasonable deductibles as required by any mortgagee or ground lessor, or if none, as would be carried by a prudent owner of a similar building in the area. In addition, Lessor shall maintain and keep in force and effect during the Term, rental income insurance insuring Lessor against abatement or loss of Term Fixed Basic Rent, including items of Additional Rent, in case of fire or other casualty similarly insured against, in an amount at least equal to the Term Fixed Basic Rent and Additional Rent during, at the minimum, one (1) Lease Year hereunder. Lessor may, but shall not be obligated to, take out and carry any other forms of insurance as it or the mortgagee or ground lessor (if any) of Lessor may require or reasonably determine available. All insurance carried by Lessor on the Building, Complex or Parcel shall be included as an Operating Cost pursuant to Subsection 25(A). Notwithstanding its inclusion as an Operating Cost or any contribution by Lessee to the cost of insurance premiums by Lessee as provided herein, Lessee acknowledges that it has no right to receive any proceeds from any such insurance policies carried by Lessor. Lessee further acknowledges that the exculpatory provisions of this Lease as set forth in Section 39 and the provisions of this Section 32 as to Lessee's ’s insurance are designed to insure adequate coverage as to Lessee's ’s property and business without regard to fault and avoid Lessor obtaining similar coverage for said loss for its negligence or that of its agents, servants or employees which could result in additional costs includable as part of Operating Costs which are payable by Lessee. Lessor will not carry insurance of any kind on Lessee's ’s furniture or furnishings, or on any fixtures, equipment, appurtenances or improvements (other than those enumerated in Exhibit C which belong to Lessor) of Lessee under this Lease and Lessor shall not not, except as to the aforesaid Exhibit C items owned by Lessor, be obligated to repair any damage thereto or replace the same.
Appears in 2 contracts
Samples: Lease Agreement (Wave2Wave Communications, Inc.), Lease Agreement (Wave2Wave Communications, Inc.)
Lessor’s Insurance. Lessor covenants and agrees that throughout the Term it will insure the Building, Building [excluding any property with respect to which Lessee is obligated to insure pursuant to Subsection 32(A) (1) (a33(A)(1)(a) above, ] against damage by fire and standard extended coverage perils and public liability insurance in such reasonable amounts with such reasonable deductibles as required by any mortgagee or ground lessorlessor (if any), or if none, as would be carried by a prudent owner of a similar building in the area. In addition, Lessor shall maintain and keep in force and effect during the Term, rental income insurance insuring Lessor against abatement or loss of Term Fixed Basic Rent, including items of Additional Rent, in case of fire or other casualty similarly insured against, in an amount at least equal to the Term Fixed Basic Rent and Additional Rent during, at the minimum, one (1) Lease Calendar Year hereunder. Lessor may, but shall not be obligated to, take out and carry any other forms of insurance as it or the mortgagee or ground lessor (if any) of Lessor may require or reasonably determine available. All insurance carried by Lessor on the Building, Complex Building or Parcel Office Building Area shall be included as an Operating Cost Expense pursuant to Subsection 25(A23(A). Notwithstanding its inclusion as an Operating Cost Expense or any contribution by Lessee to the cost of insurance premiums by Lessee as provided herein, Lessee acknowledges that it has no right to receive any proceeds from any such insurance policies carried by Lessor. Lessee further acknowledges that the exculpatory provisions of this Lease as set forth in Section 39 38 and the provisions of this Section 32 33 as to Lessee's insurance are designed to insure adequate coverage as to Lessee's property and business without regard to fault and to avoid Lessor obtaining similar coverage for said loss for its negligence or that of its agents, servants or employees which could result in additional costs includable as part of Operating Costs Expenses which are payable by Lessee. Lessor will not carry insurance of any kind on Lessee's furniture or furnishings, or on any fixtures, equipment, appurtenances or improvements (other than those enumerated in Exhibit C which belong to Lessor) of Lessee under this Lease and Lessor shall not not, except as to the aforesaid Exhibit C items owned by Lessor, be obligated to repair any damage thereto or replace the same.
Appears in 1 contract
Samples: Long Beach Holdings Corp
Lessor’s Insurance. Lessor covenants and agrees that throughout the Term it will insure the Building, Building (excluding any property with respect to which Lessee is obligated to insure pursuant to Subsection 32(A) (1) (a29(A)(i)(a) above, ) against damage by fire and standard extended coverage perils and public liability insurance in such reasonable amounts with such reasonable deductibles as required by any mortgagee or ground lessorLessor (if any), or if none, as would be carried by a prudent owner of a similar building in the area. In addition; provided, however, that Lessor shall maintain and keep in force and effect at all times during the TermTerm of this Lease keep and maintain (i) insurance against loss by fire and hazards covered by extended coverage in an amount at least equal to 80% of the insurable value of the Building, (ii) comprehensive general liability insurance, including personal injury and property damage coverage, with limits at least equal to those required by Lessee hereunder, and (iii) rental income abatement insurance insuring Lessor against abatement or of loss of Term Fixed Basic Rent, including items of Additional Rent, rent in case of fire or other casualty similarly insured against, in an amount at least equal to the Term Fixed Basic Rent and Additional Rent during, at the minimum, one (1) Lease Year hereunderor cause. Lessor may, but shall not be obligated to, take out and carry any other forms of insurance as it or the mortgagee or ground lessor Lessor (if any) of Lessor may require or reasonably determine available. All insurance carried by Lessor on the Building, Complex Building or Parcel Office Building Area shall be included as an Operating Cost Expense pursuant to Subsection 25(A22(A). Notwithstanding its inclusion as an Operating Cost Expense or any contribution by Lessee to the cost of insurance premiums by Lessee as provided herein, Lessee acknowledges that it has no right to receive any proceeds from any such insurance policies carried by LessorLessor except as otherwise provided herein. Lessee further acknowledges that the exculpatory provisions of this Lease as set forth in Section 39 35 and the provisions of this Section 32 Subsection 29(A) as to Lessee's insurance are designed to insure adequate coverage as to Lessee's property and business without regard to fault and to avoid Lessor obtaining similar coverage for said loss for its negligence or that of its agents, servants or employees which could result in additional costs includable as part of Operating Costs Expenses which are payable by Lessee. Lessor will not carry insurance of any kind on any Lessee Improvement Work or on any of Lessee's furniture or furnishings, or on any fixtures, equipment, appurtenances or improvements of Lessee under this Lease and Lessor shall not be obligated to repair any damage thereto or replace the same.
Appears in 1 contract
Lessor’s Insurance. Lessor covenants and agrees that throughout the Term it will insure the Building, Building (excluding any property with respect to which Lessee is obligated to insure pursuant to Subsection 32(A) (1) (a29(A)(1)(a) above, ) against damage by fire and standard extended coverage perils and public liability insurance in such reasonable amounts with such reasonable deductibles as required by any mortgagee or ground lessorlessor (if any), or if none, as would be carried by a prudent owner of a similar building in the area. In addition, Lessor shall maintain and keep in force and effect during the Termterm, rental income insurance insuring Lessor against abatement or loss of Term Fixed Basic Rent, including items of Additional Rent, in case of fire or other casualty similarly insured against, in an amount at least equal to the Term Fixed Basic Rent and Additional Rent during, at the minimum, one (1) Lease Calendar Year hereunder. Lessor may, but shall not be obligated toobligated, to take out and carry any other forms of insurance as it or the mortgagee or ground lessor (if any) of Lessor may require or reasonably determine available. All insurance carried by Lessor on the Building, Complex Building or Parcel Office Building Areas shall be included as an Operating Cost Expense pursuant to Subsection 25(A22(A). Notwithstanding its inclusion as an Operating Cost Expense or any contribution by Lessee to the cost of insurance premiums by Lessee as provided herein, Lessee acknowledges that it has no right to receive any proceeds from any such insurance policies carried by Lessor. Lessee further acknowledges that the exculpatory provisions of this Lease as set forth in Section 39 and the provisions of this Section 32 Subsection 29(A) as to Lessee's insurance are designed to insure adequate coverage as to Lessee's property and business without regard to fault and to avoid Lessor obtaining similar coverage for said loss for its negligence or that of its agentsagent, servants or employees which could result in additional costs includable as part of Operating Costs Expenses which are payable by Lessee. Lessor will not carry insurance of any kind on Lessee's furniture or furnishingsfurnishing, or on any fixtures, equipment, appurtenances or improvements (other than those enumerated in Exhibit C which belong to Lessor) of Lessee under this Lease and Lessor shall not not, except as to the aforesaid Exhibit C items owned by Lessor, be obligated to repair any damage thereto or replace the same.
Appears in 1 contract
Samples: Lease (Robocom Systems Inc)
Lessor’s Insurance. Lessor covenants and agrees that throughout the Term it will insure the Building, Building [excluding any property with respect to which Lessee is obligated to insure pursuant to Subsection 32(A) (1) (a32(A)(1)(a) above, ] against damage by fire and standard extended coverage perils and public liability insurance in such reasonable amounts with such reasonable deductibles as required by any mortgagee or ground lessor, or if none, as would be carried by a prudent owner of a similar building in the area. In addition, Lessor shall maintain and keep in force and effect during the Term, rental income insurance insuring Lessor against abatement or loss of Term Fixed Basic Rent, including items of Additional Rent, in case of fire or other casualty similarly insured against, in an amount at least equal to the Term Fixed Basic Rent and Additional Rent during, at the minimum, one (1) Lease Year hereunder. Lessor may, but shall not be obligated to, take out and carry any other forms of insurance as it or the mortgagee or ground lessor (if any) of Lessor may require or reasonably determine available. All insurance carried by Lessor on the Building, Complex or Parcel shall be included as an Operating Cost pursuant to Subsection 25(A). Notwithstanding its inclusion as an Operating Cost or any contribution by Lessee to the cost of insurance premiums by Lessee as provided herein, Lessee acknowledges that it has no right to receive any proceeds from any such insurance policies carried by Lessor. Lessee further acknowledges that the exculpatory provisions of this Lease as set forth in Section 39 and the provisions of this Section 32 as to Lessee's insurance are designed to insure adequate coverage as to Lessee's property and business without regard to fault and avoid Lessor obtaining similar coverage for said loss for its negligence or that of its agents, servants or employees which could result in additional costs includable as part of Operating Costs which are payable by Lessee. Lessor will not carry insurance of any kind on Lessee's furniture or furnishings, or on any fixtures, equipment, appurtenances or improvements of Lessee under this Lease and Lessor shall not be obligated to repair any damage thereto or replace the same.
Appears in 1 contract
Samples: Lease Agreement (Goamerica Inc)
Lessor’s Insurance. Lessor covenants and agrees that throughout the Term it will insure the Building, excluding any property with respect to which Lessee is obligated to insure pursuant to Subsection 32(A) (1) (a) above, against damage by fire and standard extended coverage perils and public liability insurance in such reasonable amounts with such reasonable deductibles as required by any mortgagee or ground lessor, or if none, as would be carried by a prudent owner of a similar building in the area. In addition, Lessor shall maintain and keep in force and effect during the Term, rental income insurance insuring Lessor against abatement or loss of Term Fixed Basic Rent, including items of Additional Rent, in case of fire or other casualty similarly insured against, in an amount at least equal to the Term Fixed Basic Rent and Additional Rent during, at the minimum, one (1) Lease Year hereunder. Lessor may, but at its election, provide any or all of the following types of insurance, with or without deductible and in amounts and coverages as may be determined by Lessor in its discretion: "all risk" property insurance, subject to standard exclusions, covering the Premises or Center, and such ether risks as Lessor or its mortgagees may From time to time deem appropriate, and comprehensive public liability coverage. Lessor shall not be obligated to, take out and carry any other forms of insurance as it or the mortgagee or ground lessor (if any) of Lessor may require or reasonably determine available. All insurance carried by Lessor on the Building, Complex or Parcel shall be included as an Operating Cost pursuant required to Subsection 25(A). Notwithstanding its inclusion as an Operating Cost or any contribution by Lessee to the cost of insurance premiums by Lessee as provided herein, Lessee acknowledges that it has no right to receive any proceeds from any such insurance policies carried by Lessor. Lessee further acknowledges that the exculpatory provisions of this Lease as set forth in Section 39 and the provisions of this Section 32 as to Lessee's insurance are designed to insure adequate coverage as to Lessee's property and business without regard to fault and avoid Lessor obtaining similar coverage for said loss for its negligence or that of its agents, servants or employees which could result in additional costs includable as part of Operating Costs which are payable by Lessee. Lessor will not carry insurance of any kind on Lessee's furniture or property, including leasehold improvements, trade fixtures, furnishings, or on any fixtures, equipment, appurtenances or improvements plate glass, signs and all other items of Lessee under this Lease personal property, and Lessor shall not be obligated to repair any damage thereto or replace the sameproperty should damage occur. All proceeds of insurance maintained by Lessor upon the Premises and center shall be the property of Lessor, whether or not Lessor is obligated to, or elects, to make any repairs. In the event there is a deductible clause in any standard form policy insuring the Premises against fire, extended coverage and other properly insurance losses, then the amount deducted from the coverage pursuant to such deductible clause shall be borne by Lessee. Any insurance containing a deductible clause of $3,000 (per occurrence) for fire, extended coverage and other property losses, shall not, by virtue of such deductible clause, be regarded as unsatisfactory. In the event Lessor assumes supervision and control of the repair or restoration activity for the improvements damaged or destroyed by reason of occurrences embraced by the aforesaid standard form insurance policy, Lessor shall provide Lessee with written notice of the actual cost of repair and restoration, up to the full deductible amount, and Lessee shall pay to Lessor such sum within thirty (30) days thereafter. Failure to pay such sum shall constitute a breach of the Lease and subject Lessee to any rights or remedies of Lessor as provided in the Lease.
Appears in 1 contract
Samples: Silicon Gaming Inc