of the Original Lease. Tenant shall notify Landlord in writing ten (10) business days prior to any cancellation or material adverse change to the Self-Insurance Plan. If Tenant self-insures for commercial general liability insurance (“CGLI”) under this Section 9.1(d) and any third party claim arises against Landlord which Landlord would be customarily defended as an additional insured party had Tenant procured the CGLI coverage under the provisions of Section 9.1 of the Original Lease rather than self-insured, and Landlord reasonably determines that a conflict of interest exists, then Tenant shall engage separate counsel reasonably selected by Tenant for Landlord’s defense at Tenant’s expense, and Tenant shall pay, as incurred from time to time, such reasonable attorneys’ fees and expenses (including, without limitation, expert witness fees) relating to Landlord’s defense. If Tenant fails to comply with any requirement of this Section 9.1(d), and such failure continues for more than 20 business days following Landlord’s written notice to Tenant thereof; Landlord, in addition to any other remedy available pursuant to the Lease, the Assignment or otherwise, may, but shall not be obligated to, obtain the applicable insurance required under Section 9.1 of the Original Lease, and Tenant shall pay to Landlord immediately on demand the premium cost thereof. Notwithstanding the foregoing, Tenant acknowledges and agrees that (A) the provisions of this Section 9.1(d) shall in no way relieve, limit or reduce Tenant’s indemnification obligations under this Lease (and Tenant shall remain obligated under such indemnification obligations as if the CGLI required under Section 9.1 was obtained from a third-party provider meeting the requirements of such Section 9.1) or Tenant’s legal obligations under any law, and (B) Tenant’s right to provide self-insurance under this Section 9.1(d) shall terminate if Tenant fails to maintain the Minimum Self-Insurance Net Worth.
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Samples: Lease Agreement, Lease Agreement, Lease (Juniper Networks Inc)
of the Original Lease. Tenant shall notify Landlord in writing ten (10) business days prior to any cancellation or material adverse change to the Self-Insurance Plan. If Tenant self-insures for commercial general liability insurance (“CGLI”) under this Section 9.1(d) and any third party claim arises against Landlord which Landlord would be customarily defended as an additional insured party had Tenant procured the CGLI coverage under the provisions of Section 9.1 of the Original Lease rather than self-insuredmakes alterations, and Landlord reasonably determines that a conflict of interest exists, then Tenant shall engage separate counsel reasonably selected by Tenant for Landlord’s defense at Tenant’s expense, and Tenant shall pay, as incurred from time to time, such reasonable attorneys’ fees and expenses (including, without limitation, expert witness feesthe installation of a security access system, to the Premises in accordance with the Lease generally and with Section 4.1 in particular during the period from the Additional Second Floor Premises Commencement Date until twelve (12) relating to Landlord’s defense. If Tenant fails to comply with any requirement of this Section 9.1(dmonths after the Additional Second Floor Premises Commencement Date (the “Contribution Period”), and such failure continues for more than 20 business days following Landlord’s written notice provided Tenant is not in default under the Lease, Landlord shall contribute the sum of (a) $58,098.00 (the “Improvement Contribution”) plus (b) the Additional Improvement Contribution (as defined below), if applicable, towards the cost of said work. Tenant shall have the right, without the need to Tenant thereof; receive the consent of Landlord, to retain a general contractor selected by Tenant to perform such alterations, provided Tenant notifies Landlord of the name of such general contractor and general contractor is licensed, bonded and insured to do business in addition the District of Columbia. Within ten (10) days after Tenant’s completion of the alterations made during the Contribution Period (but in no event later than twelve (12) months after Additional Second Floor Premises Commencement Date), Tenant shall submit to Landlord a detailed breakdown of the costs of said alterations, together with final lien waivers, contractors’ affidavits and architects’ certificates, in each case to the extent applicable, in such form as may be reasonably required by Landlord and any other remedy available documentation required at the completion of alterations pursuant to the Lease. Landlord shall pay to Tenant (up to the sum of (a) the Improvement Contribution and Additional Improvement Contribution, if applicable) the Assignment or otherwise, may, but amount incurred by Tenant in the performance of the alterations made during the Contribution Period within thirty (30) days after receipt of the documentation required in the immediately preceding sentence. Tenant shall not be obligated to, obtain the applicable insurance required under Section 9.1 entitled to any portion of the Original Lease, and Tenant Improvement Contribution and/or Additional Improvement Contribution not used in the performance of alterations during the Contribution Period. Landlord shall pay not be entitled to Landlord immediately on demand any compensation or fee in connection with the premium cost thereof. Notwithstanding the foregoing, Tenant acknowledges and agrees that (A) the provisions of this Section 9.1(d) shall in no way relieve, limit or reduce alterations performed by Tenant’s indemnification obligations under this Lease (and Tenant shall remain obligated under such indemnification obligations as if the CGLI required under Section 9.1 was obtained from a third-party provider meeting the requirements of such Section 9.1) or Tenant’s legal obligations under any law, and (B) Tenant’s right to provide self-insurance under this Section 9.1(d) shall terminate if Tenant fails to maintain the Minimum Self-Insurance Net Worth.
Appears in 1 contract
Samples: Lease Agreement (Blackboard Inc)