Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the policies of insurance described on Exhibit H attached hereto and incorporated herein (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) be issued by an insurance company with a Best rating of excellent (A- or better) and shall be licensed to do business in the state in which the Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given to Landlord; and (c) provide for deductible amounts as set forth in Exhibit H, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall risk management program. The Tenant’s Policies providing either or both commercial property insurance and commercial general/garage or excess liability insurance shall: (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of (i) Landlord; (ii) First Industrial Realty Trust, Inc., but only during such period of time as Landlord is an entity related to, or affiliated with, First Industrial Realty Trust, Inc.; and (iii) Landlord’s lender, if applicable, as additional insureds; (3) provide coverage, to the extent reasonably insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but not under Tenant’s commercial property insurance policy); (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage, with no exclusion, for a pollution incident arising from a hostile fire, and if applicable, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement, evidencing Tenant’s Policies shall be delivered to Landlord prior to the Commencement Date and renewals thereof shall be delivered to Landlord’s Corporate and Regional Notice Addresses (as set forth on the signature page of this Lease) within thirty (30) days of the renewal date thereof. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may order such insurance and charge the out-of-pocket cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent. Tenant shall give prompt notice to Landlord and Agent of any significant (as determined by Tenant in the exercise of its reasonable judgment) bodily injury, death, significant (as determined by Tenant in the exercise of its reasonable judgment) personal injury, advertising injury or material property damage occurring in and about the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional Rent.
Appears in 6 contracts
Samples: KAR Holdings, Inc., KAR Holdings, Inc., KAR Holdings, Inc.
Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the All policies of insurance described on Exhibit H attached hereto and incorporated herein (collectively, “Tenant’s Policies”). All Tenant’s Policies the "POLICIES") required pursuant to Section 7.1.1 shall (ai) be issued by an insurance company with a Best rating of excellent (A- or better) companies approved by Lender and shall be licensed to do business in the state State, with a claims paying ability rating of "AA" or better by S&P (and the equivalent by any other Rating Agency) and a rating of A:X or better in which the Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given to Landlord; and (c) provide for deductible amounts as set forth in Exhibit H, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall risk management program. The Tenant’s Policies providing either or both commercial property insurance and commercial general/garage or excess liability insurance shall: (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of (i) Landlordcurrent Best's Insurance Reports; (ii) First Industrial Realty Trust, Inc., but only during such period name Lender and its successors and/or assigns as their interest may appear as the mortgagee (in the case of time as Landlord is property insurance) or an entity related toadditional insured (in the case of liability insurance); (iii) contain (in the case of property insurance) a Non-Contributory Standard Mortgagee Clause and a Lender's Loss Payable Endorsement, or affiliated withtheir equivalents, First Industrial Realty Trustnaming Lender as the person to which all payments made by such insurance company shall be paid; (iv) contain a waiver of subrogation against Lender; (v) be assigned and the originals thereof delivered to Lender; (vi) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, Inc.including (A) endorsements providing that neither any Borrower, Lender nor any other party shall be a co-insurer under the Policies, (B) that Lender shall receive at least 30 days' prior written notice of any modification, reduction or cancellation of any of the Policies, (C) an agreement whereby the insurer waives any right to claim any premiums and commissions against Lender, provided that the policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured and (D) providing that Lender is permitted to make payments to effect the continuation of such policy upon notice of cancellation due to non-payment of premiums; (vii) in the event any insurance policy (except for general public and other liability and workers compensation insurance) shall contain breach of warranty provisions, such policy shall provide that with respect to the interest of Lender, such insurance policy shall not be invalidated by and shall insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents; and (iiiviii) Landlord’s lenderbe satisfactory in form and substance to Lender and approved by Lender as to amounts, if applicableform, as additional insureds; (3) provide risk coverage, deductibles, loss payees and insureds. Borrowers shall pay the premiums for such Policies (the "INSURANCE PREMIUMS") as the same become due and payable and furnish to Lender evidence of the extent renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender pursuant to Section 3.3) receipts for or other evidence of the payment of the Insurance Premiums reasonably insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but satisfactory to Lender. If Borrowers do not under Tenant’s commercial property insurance policy); (5) be primary, not contributing with, furnish such evidence and not in excess of, coverage that Landlord may carry; and (6) provide coverage, with no exclusion, for a pollution incident arising from a hostile fire, and if applicable, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement, evidencing Tenant’s Policies shall be delivered to Landlord receipts at least 30 days prior to the Commencement Date and renewals thereof expiration of any expiring Policy, then Lender may, but shall not be delivered to Landlord’s Corporate and Regional Notice Addresses (as set forth on the signature page of this Lease) within thirty (30) days of the renewal date thereof. In the event that Tenant failsobligated to, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may order procure such insurance and charge pay the out-of-pocket Insurance Premiums therefor, and Borrowers shall reimburse Lender for the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon of such Insurance Premiums promptly on demand, as Additional Rentwith interest accruing at the Default Rate. Tenant Borrowers shall give prompt notice deliver to Landlord and Agent Lender a certified copy of any significant (as determined each Policy within 30 days after its effective date. Within 30 days after request by Tenant Lender, Borrowers shall obtain such increases in the exercise amounts of its reasonable judgment) bodily injurycoverage required hereunder as may be reasonably requested by Lender, death, significant (as determined by Tenant taking into consideration changes in the exercise value of its reasonable judgment) personal injurymoney over time, advertising injury or material property damage occurring changes in liability laws, changes in prudent customs and about practices, and the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional Rentlike.
Appears in 4 contracts
Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)
Policies. Tenant shall purchaseUnless otherwise approved by Lender in writing in advance of placement, at its own expense, and keep in force at all times during this Lease the policies of insurance described on Exhibit H attached hereto and incorporated herein (collectively, “Tenant’s the "Policies”). All Tenant’s Policies ") required pursuant to Section 7.1.1 shall (ai) be issued by an insurance company with a Best rating of excellent (A- or better) companies approved by Lender and shall be licensed to do business in the state State, with a claims paying ability rating of "A" or better by S&P, and a rating of A:X or better in which the Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given to Landlord; and (c) provide for deductible amounts as set forth in Exhibit H, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall risk management program. The Tenant’s Policies providing either or both commercial property insurance and commercial general/garage or excess liability insurance shall: (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of (i) Landlordcurrent Best's Insurance Reports; (ii) First Industrial Realty Trustcontain a waiver of subrogation against Lender; (iii) be assigned and the originals thereof delivered to Lender; (iv) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, Inc.including (A) endorsements providing that neither Borrower, but only during Lender nor any other party shall be a co-insurer under the Policies, (B) that Lender shall receive at least 30 days' prior written notice of any cancellation of any of the Policies, (C) an agreement whereby the insurer waives any right to claim any premiums and commissions against Lender, provided that the policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured and (D) providing that Lender is permitted to make payments to effect the continuation of such period policy upon notice of time as Landlord is an entity related tocancellation due to non-payment of premiums; (v) in the event any insurance policy (except for general public and other liability and workers compensation insurance) shall contain breach of warranty provisions, such policy shall provide that with respect to the interest of Lender, such insurance policy shall not be invalidated by and shall insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or affiliated with, First Industrial Realty Trust, Inc.(C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents; and (iiivi) Landlord’s lenderbe satisfactory in form and substance to Lender and approved by Lender as to amounts, if applicableform, as additional insureds; (3) provide risk coverage, deductibles, loss payees and insureds. Borrower shall pay the premiums for such Policies (the "Insurance Premiums") as the same become due and payable and furnish to Lender evidence of the extent renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender pursuant to Section 3.3) receipts for or other evidence of the payment of the Insurance Premiums reasonably insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but satisfactory to Lender. If Borrower does not under Tenant’s commercial property insurance policy); (5) be primary, not contributing with, furnish such evidence and not in excess of, coverage that Landlord may carry; and (6) provide coverage, with no exclusion, for a pollution incident arising from a hostile fire, and if applicable, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement, evidencing Tenant’s Policies shall be delivered to Landlord receipts at least 30 days prior to the Commencement Date and renewals thereof expiration of any expiring Policy, then Lender may, but shall not be delivered to Landlord’s Corporate and Regional Notice Addresses (as set forth on the signature page of this Lease) within thirty (30) days of the renewal date thereof. In the event that Tenant failsobligated to, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may order procure such insurance and charge pay the out-of-pocket Insurance Premiums therefor, and Borrower shall reimburse Lender for the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon of such Insurance Premiums promptly on demand, as Additional Rentwith interest accruing at the Default Rate. Tenant Within 30 days after request by Lender, Borrower shall give prompt notice to Landlord and Agent of any significant (as determined by Tenant obtain such increases in the exercise amounts of its reasonable judgment) bodily injurycoverage required hereunder as may be reasonably requested by Lender, death, significant (as determined by Tenant taking into consideration changes in the exercise value of its reasonable judgment) personal injurymoney over time, advertising injury or material property damage occurring changes in liability laws, changes in prudent customs and about practices, and the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional Rentlike.
Appears in 2 contracts
Samples: Loan Agreement (Ambase Corp), Loan Agreement (Ambase Corp)
Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the policies of insurance described on Exhibit H attached hereto and incorporated herein set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) be issued by an insurance company with a Best rating of excellent (A- A or better) better and otherwise reasonably acceptable to Landlord and shall be licensed to do business in the state in which the Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given to Landlord; and (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable); and (d) otherwise be in such form, and include such coverages, as set forth in Exhibit H, though Landlord acknowledges that Tenant shall have may reasonably require provided the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall risk management programare normally and customarily required by prudent owners of industrial property or their lenders. The Tenant’s Policies providing either or both commercial property insurance described in Sections 10.2(i) and commercial general/garage or excess liability insurance shall: 10.2(ii) below shall (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of Landlord and First Industrial, L.P. (i) Landlord; (ii) First Industrial Realty Trust, Inc., but only during such period of time as Landlord is an entity related to, or affiliated with, First Industrial Realty Trust, Inc.; and (iii) Landlord’s lender, if applicable, ) as additional insureds; (3) provide coverage, to the extent reasonably insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but not under Tenant’s commercial property insurance policy); (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage, coverage with no exclusion, exclusion for a pollution incident arising from a hostile fire. All Tenant’s Policies (or, and if applicableat Landlord’s option, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement, evidencing Tenant’s Policies ) shall be delivered to Landlord prior to the Commencement Date and renewals thereof shall be delivered to Landlord’s Corporate and Regional Notice Addresses (as set forth on at least 30 days prior to the signature page applicable expiration date of this Lease) within thirty (30) days of the renewal date thereofeach Tenant’s Policy. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may (i) order such insurance and charge the out-of-pocket cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent or (ii) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant fails to comply with the foregoing obligation, in an amount equal to three percent (3%) of the Base Rent then in effect. Tenant shall give prompt notice to Landlord and Agent of any significant (as determined by Tenant in the exercise of its reasonable judgment) bodily injury, death, significant (as determined by Tenant in the exercise of its reasonable judgment) personal injury, advertising injury or material property damage occurring in and about the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional RentPremises.
Appears in 2 contracts
Samples: Industrial Building Lease (Lenox Group Inc), Purchase and Sale Agreement (Lenox Group Inc)
Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the All policies of insurance described on Exhibit H attached hereto and incorporated herein (collectively, the “Tenant’s Policies”). All Tenant’s Policies ) required pursuant to Section 7.1.1 shall (ai) be issued by an insurance company with a Best rating of excellent (A- or better) companies approved by Lender and shall be licensed to do business in the state State, with a claims paying ability rating of A- or better in which the Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given to Landlord; and (c) provide for deductible amounts as set forth in Exhibit H, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall risk management program. The Tenantcurrent Best’s Policies providing either or both commercial property insurance and commercial general/garage or excess liability insurance shall: (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of (i) LandlordInsurance Reports; (ii) First Industrial Realty Trustname Lender and its successors and/or assigns as their interest may appear as the mortgagee (in the case of property insurance), Inc., but only during such period loss payee (in the case of time as Landlord is business interruption/loss of rents coverage) and an entity related toadditional insured (in the case of liability insurance); (iii) contain (in the case of property insurance) a Non-Contributory Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or affiliated withtheir equivalents, First Industrial Realty Trustnaming Lender as the person to which all payments made by such insurance company shall be paid; (iv) contain a waiver of subrogation against Lender; (v) be assigned and insurance certificates evidencing such Policies be delivered to Lender; (vi) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, Inc.including (A) endorsements providing that neither Borrower, Lender nor any other party shall be a co-insurer under the Policies, (B) that Lender shall receive prior written notice of any modification, reduction or cancellation of any of the Policies as it pertains to the Property, (C) an agreement whereby the insurer waives any right to claim any premiums and commissions against Lender, provided that the policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured and (D) providing that Lender is permitted to make payments to effect the continuation of such policy upon notice of cancellation due to non-payment of premiums; (vii) in the event any insurance policy (except for general public and other liability and workers compensation insurance) shall contain breach of warranty provisions, such policy shall provide that with respect to the interest of Lender, such insurance policy shall not be invalidated by and shall insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents; and (iiiviii) Landlord’s lenderbe satisfactory in form and substance to Lender and approved by Lender as to amounts, if applicableform, as additional insureds; (3) provide risk coverage, deductibles, loss payees and insureds. Borrower shall pay (x) Lender a review fee for an independent expert to review the extent reasonably insurable, Policies (not to exceed $900) on the date hereof and (y) the premiums for such Policies (the indemnity obligations of Tenant under this Lease; (4“Insurance Premiums”) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but not under Tenant’s commercial property insurance policy); (5) be primary, not contributing withas the same become due and payable, and shall furnish to Lender evidence of the renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender pursuant to Section 3.3) receipts for or other evidence of the payment of the Insurance Premiums reasonably satisfactory to Lender. If Borrower does not in excess of, coverage that Landlord may carry; furnish such evidence and (6) provide coverage, with no exclusion, for a pollution incident arising from a hostile fire, and if applicable, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement, evidencing Tenant’s Policies shall be delivered to Landlord receipts prior to the Commencement Date expiration of any expiring Policy, then Lender may, but shall not be obligated to, procure such insurance and renewals thereof pay the Insurance Premiums therefor, and Borrower shall be delivered to Landlord’s Corporate and Regional Notice Addresses (as set forth reimburse Lender for the cost of such Insurance Premiums promptly on demand, with interest accruing at the signature page of this Lease) within Default Rate. Within thirty (30) days after request by Lender, Borrower shall deliver to Lender evidence reasonably satisfactory to Lender of the renewal date thereofinsurance coverage required to be maintained by Borrower hereunder. In Within a reasonable time frame after request by Lender, Borrower shall obtain such increases in the event that Tenant failsamounts of coverage required hereunder as may be reasonably requested by Lender, at any time provided Lender has provided appraisals or from time other such documentation to justify the requested increase, taking into consideration changes in the value of money over time, to comply with changes in liability laws, changes in prudent customs and practices, and the requirements of the preceding sentence, Landlord may order such insurance and charge the out-of-pocket cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent. Tenant shall give prompt notice to Landlord and Agent of any significant (as determined by Tenant in the exercise of its reasonable judgment) bodily injury, death, significant (as determined by Tenant in the exercise of its reasonable judgment) personal injury, advertising injury or material property damage occurring in and about the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional Rentlike.
Appears in 2 contracts
Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.)
Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the All policies of insurance described on Exhibit H attached hereto and incorporated herein (collectively, the “Tenant’s Policies”). All Tenant’s Policies ) required pursuant to Section 7.1.1 shall (ai) be issued by an insurance company with a Best rating of excellent (A- companies approved by Lender and licensed or better) and shall be licensed authorized to do business in the state State, with a claims paying ability rating of “A” or better by S&P (and the equivalent by any other Rating Agency) and a rating of A:X or better in which the Premises is locatedcurrent Best’s Insurance Reports; (bii) provide name Lender and its successors or assigns as their interests may appear as the Mortgagee (in the case of property) Lender’s Loss Payee (in the case of rent loss or business interruption insurance) and an additional insured (in the case of liability insurance); (iii) contain (in the case of property insurance) a Non–Contributory Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the Person to which all payments made by such insurance company shall be paid; (iv) contain provisions permitting Borrower to waive its right of subrogation against Lender; (v) be assigned and the originals thereof delivered to Lender; (vi) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including (A) endorsements providing that said insurance neither Borrower, Lender nor any other party shall not be canceled or materially modified unless 30 a co–insurer under the Policies, (B) that Lender shall receive at least thirty (30) days’ prior written notice (10 days for nonpayment of premium) of cancellation of any of the Property Policies, and when available, liability policies (provided, however, that if such notice provisions are not available in any of the liability Policies, Borrower shall have been given provide the required notice to LandlordLender), (C) an agreement whereby the insurer waives any right to claim any premiums and commissions against Lender, provided that the policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured, and (D) providing that Lender is permitted to make payments to effect the continuation of such Policy upon notice of cancellation due to non–payment of premiums; (vii) in the event any insurance policy (except for general public and other liability and workers compensation insurance) shall contain breach of warranty provisions, such policy shall provide that with respect to the interest of Lender, such insurance policy shall not be invalidated by and shall insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents; and (cviii) provide for deductible amounts be satisfactory in form and substance to Lender and approved by Lender as set forth in Exhibit Hto amounts, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall form, risk management program. The Tenant’s Policies providing either or both commercial property insurance and commercial general/garage or excess liability insurance shall: (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of (i) Landlord; (ii) First Industrial Realty Trust, Inc., but only during such period of time as Landlord is an entity related to, or affiliated with, First Industrial Realty Trust, Inc.; and (iii) Landlord’s lender, if applicable, as additional insureds; (3) provide coverage, deductibles, loss payees and insureds. Borrower shall pay the premiums for such Policies (the “Insurance Premiums”) as the same become due and payable and furnish to Lender evidence of the extent renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender pursuant to Section 3.3) receipts for or other evidence of the payment of the Insurance Premiums reasonably insurable, for the indemnity obligations of Tenant under this Lease; satisfactory to Lender. If Borrower does not furnish such evidence and receipts at least thirty (430) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but not under Tenant’s commercial property insurance policy); (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage, with no exclusion, for a pollution incident arising from a hostile fire, and if applicable, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement, evidencing Tenant’s Policies shall be delivered to Landlord days prior to the Commencement Date expiration of any expiring Policy, then Lender may, but shall not be obligated to, procure such insurance and renewals thereof pay the Insurance Premiums therefor, and Borrower shall be delivered reimburse Lender for the cost of such Insurance Premiums promptly on demand, with interest accruing at the Default Rate. Borrower shall deliver to Landlord’s Corporate and Regional Notice Addresses (as set forth on the signature page Lender a copy of this Lease) each Policy within thirty (30) days after its effective date. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the renewal date thereof. In the event that Tenant fails, at any time or from time to value of money over time, to comply with changes in liability laws, changes in prudent customs and practices and the requirements of the preceding sentence, Landlord may order such insurance and charge the out-of-pocket cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent. Tenant shall give prompt notice to Landlord and Agent of any significant (as determined by Tenant in the exercise of its reasonable judgment) bodily injury, death, significant (as determined by Tenant in the exercise of its reasonable judgment) personal injury, advertising injury or material property damage occurring in and about the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional Rentlike.
Appears in 1 contract
Policies. Tenant shall purchaseSubject to Section 7.1.3, at its own expense, and keep in force at all times during this Lease the policies of insurance described on Exhibit H attached hereto and incorporated herein (collectively, “Tenant’s the "Policies”). All Tenant’s Policies ") required pursuant to Section 7.1.1 shall (ai) be issued by an insurance company with a Best rating of excellent (A- or better) companies approved by Lender and shall be licensed to do business in the state State, with a claims paying ability rating of "A" or better by S&P (and the equivalent by any other Rating Agency) and a rating of A:X or better in which the Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given to Landlord; and (c) provide for deductible amounts as set forth in Exhibit H, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall risk management program. The Tenant’s Policies providing either or both commercial property insurance and commercial general/garage or excess liability insurance shall: (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of (i) Landlordcurrent Best's Insurance Reports; (ii) First Industrial Realty Trust, Inc., but only during such period name Lender and its successors and/or assigns as their interest may appear as the mortgagee (in the case of time as Landlord is property insurance) or an entity related toadditional insured (in the case of liability insurance); (iii) contain (in the case of property insurance) a Non-Contributory Standard Mortgagee Clause and a Lender's Loss Payable Endorsement, or affiliated withtheir equivalents, First Industrial Realty Trustnaming Lender as the person to which all payments made by such insurance company shall be paid; (iv) contain a waiver of subrogation against Lender; (v) be assigned and the originals thereof delivered to Lender; (vi) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, Inc.including (A) endorsements providing that neither any Borrower, Lender nor any other party shall be a co-insurer under the Policies, (B) that Lender shall receive at least 30 days' prior written notice of any modification, reduction or cancellation of any of the Policies, (C) an agreement whereby the insurer waives any right to claim any premiums and commissions against Lender, provided that the policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured and (D) providing that Lender is permitted to make payments to effect the continuation of such policy upon notice of cancellation due to non-payment of premiums; (vii) in the event any insurance policy (except for general public and other liability and workers compensation insurance) shall contain breach of warranty provisions, such policy shall provide that with respect to the interest of Lender, such insurance policy shall not be invalidated by and shall insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents; and (iiiviii) Landlord’s lenderbe satisfactory in form and substance to Lender and approved by Lender as to amounts, if applicableform, as additional insureds; (3) provide risk coverage, deductibles, loss payees and insured. Borrowers shall pay the premiums for such Policies (the "Insurance Premiums") as the same become due and payable and furnish to Lender evidence of the extent renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender pursuant to Section 3.3) receipts for or other evidence of the payment of the Insurance Premiums reasonably insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but satisfactory to Lender. If Borrowers do not under Tenant’s commercial property insurance policy); (5) be primary, not contributing with, furnish such evidence and not in excess of, coverage that Landlord may carry; and (6) provide coverage, with no exclusion, for a pollution incident arising from a hostile fire, and if applicable, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement, evidencing Tenant’s Policies shall be delivered to Landlord receipts at least 30 days prior to the Commencement Date and renewals thereof expiration of any expiring Policy, then Lender may, but shall not be delivered to Landlord’s Corporate and Regional Notice Addresses (as set forth on the signature page of this Lease) within thirty (30) days of the renewal date thereof. In the event that Tenant failsobligated to, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may order procure such insurance and charge pay the out-of-pocket Insurance Premiums therefor, and Borrowers shall reimburse Lender for the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon of such Insurance Premiums promptly on demand, as Additional Rentwith interest accruing at the Default Rate. Tenant Borrowers shall give prompt notice deliver to Landlord and Agent Lender a certified copy of any significant (as determined each Policy within 30 days after its effective date. Within 30 days after request by Tenant Lender, Borrowers shall obtain such increases in the exercise amounts of its reasonable judgment) bodily injurycoverage required hereunder as may be reasonably requested by Lender, death, significant (as determined by Tenant taking into consideration changes in the exercise value of its reasonable judgment) personal injurymoney over time, advertising injury or material property damage occurring changes in liability laws, changes in prudent customs and about practices, and the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional Rentlike.
Appears in 1 contract
Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the All policies of insurance described on Exhibit H attached hereto and incorporated herein (collectively, the “Tenant’s Policies”). All Tenant’s Policies ) required pursuant to Section 7.1.1 shall (ai) be issued by an insurance company with a Best rating of excellent (A- or better) companies approved by Lender and shall be licensed authorized to do business in the state State, with a claims paying ability rating of “A” or better by S&P (and the equivalent by any other Rating Agency) and a rating of A:X or better in which the Premises is locatedcurrent Best’s Insurance Reports; (bii) provide name Lender and its successors or assigns as their interests may appear as the Mortgagee (in the case of property) Lender’s Loss Payee (in the case of rent loss or business interruption insurance) and an additional insured (in the case of liability insurance); (iii) contain (in the case of property insurance) a Non–Contributory Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the Person to which all payments made by such insurance company shall be paid; (iv) contain provisions permitting Borrower to waive its right of subrogation against Lender; (v) be assigned and the originals thereof delivered to Lender; (vi) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including (A) endorsements providing that said insurance neither Borrower, Lender nor any other party shall not be canceled or materially modified unless 30 a co–insurer under the Policies, (B) that Lender shall receive at least thirty (30) days’ prior written notice of cancellation of any of the Property Policies and when available, liability policies (provided, however, that if such notice provisions are not available in any of the liability Policies, 88 Xxxxxxxx - Stamford Borrower shall have been given provide the required notice to LandlordLender), (C) an agreement whereby the insurer waives any right to claim any premiums and commissions against Lender, provided that the policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured, and (D) providing that Lender is permitted to make payments to effect the continuation of such Policy upon notice of cancellation due to non–payment of premiums; (vii) in the event any insurance policy (except for general public and other liability and workers compensation insurance) shall contain breach of warranty provisions, such policy shall provide that with respect to the interest of Lender, such insurance policy shall not be invalidated by and shall insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents; and (cviii) provide for deductible amounts be satisfactory in form and substance to Lender and approved by Lender as set forth in Exhibit Hto amounts, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall form, risk management program. The Tenant’s Policies providing either or both commercial property insurance and commercial general/garage or excess liability insurance shall: (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of (i) Landlord; (ii) First Industrial Realty Trust, Inc., but only during such period of time as Landlord is an entity related to, or affiliated with, First Industrial Realty Trust, Inc.; and (iii) Landlord’s lender, if applicable, as additional insureds; (3) provide coverage, deductibles, loss payees and insureds. Borrower shall pay the premiums for such Policies (the “Insurance Premiums”) as the same become due and payable and furnish to Lender evidence of the extent renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender pursuant to Section 3.3) receipts for or other evidence of the payment of the Insurance Premiums reasonably insurable, for the indemnity obligations of Tenant under this Lease; satisfactory to Lender. If Borrower does not furnish such evidence and receipts at least thirty (430) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but not under Tenant’s commercial property insurance policy); (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage, with no exclusion, for a pollution incident arising from a hostile fire, and if applicable, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement, evidencing Tenant’s Policies shall be delivered to Landlord days prior to the Commencement Date expiration of any expiring Policy, then Lender may, but shall not be obligated to, procure such insurance and renewals thereof pay the Insurance Premiums therefor, and Borrower shall be delivered reimburse Lender for the cost of such Insurance Premiums promptly on demand, with interest accruing at the Default Rate. Borrower shall deliver to Landlord’s Corporate and Regional Notice Addresses (as set forth on the signature page Lender a certified copy of this Lease) each Policy within thirty (30) days after its effective date. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the renewal date thereof. In the event that Tenant fails, at any time or from time to value of money over time, to comply with changes in liability laws, changes in prudent customs and practices and the requirements of the preceding sentence, Landlord may order such insurance and charge the out-of-pocket cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent. Tenant shall give prompt notice to Landlord and Agent of any significant (as determined by Tenant in the exercise of its reasonable judgment) bodily injury, death, significant (as determined by Tenant in the exercise of its reasonable judgment) personal injury, advertising injury or material property damage occurring in and about the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional Rentlike.
Appears in 1 contract
Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the policies of insurance described on Exhibit H attached hereto and incorporated herein set forth below (collectively, “Tenant’s Policies”"TENANT'S POLICIES"). All Tenant’s 's Policies shall (a) be issued by an insurance company with a Best rating of excellent (A- A or better) better and otherwise reasonably acceptable to Landlord and shall be licensed to do business in the state in which the Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days’ ' prior written notice shall have been given to Landlord; and (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable) and (d) otherwise be in such form, and include such coverages, as set forth in Exhibit H, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall risk management programmay reasonably require. The Tenant’s 's Policies providing either or both commercial property insurance described in (i) and commercial general/garage or excess liability insurance shall: (ii) below shall (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided belowname Landlord and First Industrial, name all of L.P. (i) Landlord; (ii) First Industrial Realty Trust, Inc., but only during such period of time as Landlord is an entity related to, or affiliated with, First Industrial Realty Trust, Inc.; and (iii) Landlord’s its lender, if applicable, ) as additional insuredsinsured; (3) provide coverage, to the extent reasonably insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but not under Tenant’s commercial property insurance policy)provision; (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage, with no exclusion, coverage for a pollution incident arising from a hostile firefire with a sublimit of no less than $1,000,000 (in excess of deductions). All Tenant's Policies (or, and if applicableat Landlord's option, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “"Additional Insured-Managers or Landlords of Premises” " endorsement, evidencing Tenant’s Policies ) shall be delivered to Landlord prior to the Commencement Date and renewals thereof shall be delivered to Landlord’s 's Corporate and Regional Notice Addresses (as set forth on at least 30 days prior to the signature page applicable expiration date of this Lease) within thirty (30) days of the renewal date thereofeach Tenant's Policy. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may (i) order such insurance and charge the out-of-pocket cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent or (ii) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant fails to comply with the foregoing obligation, in an amount equal to five percent (5%) of the Base Rent then in effect. Tenant shall give prompt notice to Landlord and Agent of any significant (as determined by Tenant in the exercise of its reasonable judgment) bodily injury, death, significant (as determined by Tenant in the exercise of its reasonable judgment) personal injury, advertising injury or material property damage occurring in and about the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional RentPremises.
Appears in 1 contract
Samples: Advanced Lighting Technologies Inc
Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the policies of insurance described on Exhibit H attached hereto and incorporated herein set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) be issued by an insurance company with a Best rating rating/financial size category of excellent (A- A/VIII or better) better and otherwise reasonably acceptable to Landlord and shall be licensed to do business in the state in which the Premises is located; (b) provide for deductible amounts that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given are reasonably acceptable to Landlord; Landlord (and its lender, if applicable) and (c) provide for deductible amounts otherwise be in such form, and include such coverages, as set forth in Exhibit H, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall risk management programmay reasonably require. The Tenant’s Policies providing either or both commercial property insurance described in subsections 10.2(ii) and commercial general/garage or excess liability insurance shall: 10.2(iii) below shall (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of (ix) Landlord; , (iiy) First Industrial Realty Trust, Inc., but only during such period of time as Landlord is an entity related to, or affiliated with, First Industrial Realty Trust, Inc.; , and (iiiz) Landlord’s lender, if applicable, as additional insureds; (3) provide coverage, to the extent reasonably insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but not under Tenant’s commercial property insurance policy)provision; (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage, coverage with no exclusion, exclusion for a pollution incident arising from a hostile fire. Certified copies of Tenant’s Policies (or, and if applicableat Landlord’s option, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “"Additional Insured-Managers or Landlords of Premises” " endorsement, evidencing Tenant’s Policies ) shall be delivered to Landlord prior to the Commencement Date and renewals thereof shall be delivered to Landlord’s Corporate and Regional Notice Addresses (as set forth on the signature page of this Lease) within thirty (30) at least 30 days prior to the applicable expiration date of the renewal date thereofeach Tenant’s Policy. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may (A) order such insurance and charge the out-of-pocket cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant fails to comply with the foregoing obligation, in an amount equal to ten percent (10%) of the Base Rent then in effect. Tenant shall give prompt notice to Landlord and Agent of any significant (as determined by Tenant in the exercise of its reasonable judgment) bodily injury, death, significant (as determined by Tenant in the exercise of its reasonable judgment) personal injury, advertising injury or material property damage occurring in and about the Premises of which Premises. Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon provide written notice to Tenant, Landlord in accordance with Section 24.2 below prior to purchase the aforementioned cancelation or material modification of any of Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional RentPolicies.
Appears in 1 contract
Samples: CompoSecure, Inc.
Policies. Tenant shall purchaseSubject to Section 7.1.3, at its own expense, and keep in force at all times during this Lease the policies of insurance described on Exhibit H attached hereto and incorporated herein (collectively, the “Tenant’s Policies”). All Tenant’s Policies ) required pursuant to Section 7.1.1 shall (ai) be issued by an insurance company with a Best rating of excellent (A- or better) companies approved by Lender and shall be licensed to do business in the state State, with a claims paying ability rating of “A” or better by S&P (and the equivalent by any other Rating Agency) and a rating of A:X or better in which the Premises is locatedcurrent Best’s Insurance Reports; (bii) provide name Lender and its successors and/or assigns as their interest may appear as the mortgagee (in the case of property insurance) or an additional insured (in the case of liability insurance); (iii) contain (in the case of property insurance) a Non-Contributory Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which all payments made by such insurance company shall be paid; (iv) contain a waiver of subrogation against Lender; (v) be assigned and the originals thereof delivered to Lender; (vi) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including (A) endorsements providing that said insurance neither any Borrower, Lender nor any other party shall not be canceled or materially modified unless a co-insurer under the Policies, (B) that Lender shall receive at least 30 days’ prior written notice of any modification, reduction or cancellation of any of the Policies, (C) an agreement whereby the insurer waives any right to claim any premiums and commissions against Lender, provided that the policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured and (D) providing that Lender is permitted to make payments to effect the continuation of such policy upon notice of cancellation due to non-payment of premiums; (vii) in the event any insurance policy (except for general public and other liability and workers compensation insurance) shall have been given contain breach of warranty provisions, such policy shall provide that with respect to Landlordthe interest of Lender, such insurance policy shall not be invalidated by and shall insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents; and (cviii) provide for deductible amounts be satisfactory in form and substance to Lender and approved by Lender as set forth in Exhibit Hto amounts, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall form, risk management program. The Tenant’s Policies providing either or both commercial property insurance and commercial general/garage or excess liability insurance shall: (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of (i) Landlord; (ii) First Industrial Realty Trust, Inc., but only during such period of time as Landlord is an entity related to, or affiliated with, First Industrial Realty Trust, Inc.; and (iii) Landlord’s lender, if applicable, as additional insureds; (3) provide coverage, deductibles, loss payees and insured. Borrowers shall pay the premiums for such Policies (the “Insurance Premiums”) as the same become due and payable and furnish to Lender evidence of the extent renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender pursuant to Section 3.3) receipts for or other evidence of the payment of the Insurance Premiums reasonably insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but satisfactory to Lender. If Borrowers do not under Tenant’s commercial property insurance policy); (5) be primary, not contributing with, furnish such evidence and not in excess of, coverage that Landlord may carry; and (6) provide coverage, with no exclusion, for a pollution incident arising from a hostile fire, and if applicable, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement, evidencing Tenant’s Policies shall be delivered to Landlord receipts at least 30 days prior to the Commencement Date and renewals thereof expiration of any expiring Policy, then Lender may, but shall not be delivered to Landlord’s Corporate and Regional Notice Addresses (as set forth on the signature page of this Lease) within thirty (30) days of the renewal date thereof. In the event that Tenant failsobligated to, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may order procure such insurance and charge pay the out-of-pocket Insurance Premiums therefor, and Borrowers shall reimburse Lender for the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon of such Insurance Premiums promptly on demand, as Additional Rentwith interest accruing at the Default Rate. Tenant Borrowers shall give prompt notice deliver to Landlord and Agent Lender a certified copy of any significant (as determined each Policy within 30 days after its effective date. Within 30 days after request by Tenant Lender, Borrowers shall obtain such increases in the exercise amounts of its reasonable judgment) bodily injurycoverage required hereunder as may be reasonably requested by Lender, death, significant (as determined by Tenant taking into consideration changes in the exercise value of its reasonable judgment) personal injurymoney over time, advertising injury or material property damage occurring changes in liability laws, changes in prudent customs and about practices, and the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional Rentlike.
Appears in 1 contract
Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the All policies of insurance described on Exhibit H attached hereto and incorporated herein (collectively, “Tenant’s the "Policies”). All Tenant’s Policies ") required pursuant to Section 8.1.1: (i) shall (a) be issued by an insurance company with a Best rating of excellent (A- or better) and shall be companies licensed to do business in the state in which State where the Premises Collateral Property is located; (b) provide that said insurance shall not be canceled , with a financial strength and claims paying ability rating of at least A:VII from A.M. Best Company and "AA" or materially modified unless 30 days’ prior written notice shall have been given to Landlord; and (c) provide for deductible amounts as set forth in Exhibit H, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall risk management program. The Tenant’s Policies providing either or both commercial property insurance and commercial general/garage or excess liability insurance shall: (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of (i) Landlordbetter by S&P; (ii) First Industrial Realty Trustshall, Inc.with respect to all property insurance policies, but only during such period of time name Lender and its successors and/or assigns as Landlord is an entity related to, or affiliated with, First Industrial Realty Trust, Inc.their interest may appear as the mortgagee; and (iii) Landlord’s lendershall, if applicable, as additional insureds; (3) provide coverage, with respect to the extent reasonably insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but not under Tenant’s commercial all property insurance policy); (5) be primary, not contributing with, policies and not in excess of, coverage that Landlord may carry; and (6) provide coverage, with no exclusion, for a pollution incident arising from a hostile fire, and if applicablerental loss and/or business interruption insurance policies, contain a hostile fire endorsement. Certificates Standard Lender Clause and a Lender's Loss Payable Endorsement, or their equivalents, naming Lender as the person to which all payments made by such insurance company shall be paid; (iv) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (v) shall contain a waiver of Insurance and applicable endorsements, subrogation against Lender; (vi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including, without limitation, endorsements providing that neither the applicable Borrower, Lender nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation; and (vii) shall be reasonably satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. The insurance coverages required pursuant to Section 8.1.1 may be provided pursuant to one or more Policies that are blanket Policies in an “Additional Insuredamount as required pursuant to Section 8.1.1(a), provided that any such blanket Policy shall provide the same protection as would a separate Policy insuring only the Collateral Pool in accordance with the terms and provisions of Section 8.1.1 and is otherwise in form and substance reasonably satisfactory to Lender. Lender hereby acknowledges and agrees that the blanket Policies delivered to Lender on the Closing Date are acceptable to Lender and satisfy the requirements of Section 8.1.1. Lender and Borrower agree that, if the financial strength or claims paying ability rating of any of the companies issuing the Policies delivered to Lender on the Closing Date (the "Original Insurance Companies") shall be downgraded to a rating of "AA-" by S&P, Borrower shall not be obligated to immediately deliver Polices from a company having a rating of "AA" or better by S&P but shall be permitted to deliver such Policies from a company having a rating of "AA" or better by S&P upon the expiration of such Policies relating to the Collateral Property; provided, however, that, if the financial strength or claims paying ability rating of any of the Original Insurance Companies shall be downgraded to a rating below "AA-" by S&P, Borrower shall (i) to the extent Lender determines, in its sole discretion, such coverage is available either (A) replace such Policies with Policies issued by a company having a rating of "AA-" or better by S&P or (B) obtain a "cut through" endorsement that has the effect of raising the rating of such Original Insurance Company to a rating of "AA-" or better by S&P (provided in the event Borrower obtains a "cut through" endorsement Borrower shall deliver to Lender a Rating Comfort Letter) and (ii) upon the expiration of any such replacement Policies or Policies with respect to which a "cut-Managers through" endorsement has been issued, replace such Policies with Policies reasonably acceptable in form and substance to Lender issued by insurer reasonably acceptable to Lender. Certificates of insurance, and if required by Lender or Landlords Servicer, certified copies of Premises” endorsement, evidencing Tenant’s Policies shall be delivered to Landlord prior to Lender, c/o UBS Warburg Real Estate Investments Inc., 1285 Avenue of the Commencement Date and renewals thereof shall be delivered to Landlord’s Corporate and Regional Notice Addresses (as set forth on the signature page of this Lease) Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attn: Xxxxxx Xxxxxxxxx, Director, within thirty (30) days after the effective date thereof. Borrower shall pay the premiums for such Policies (the "Insurance Premiums") as the same become due and payable and shall furnish to Lender evidence of the renewal date thereof. In of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to furnish such evidence of payment to Lender in the event that Tenant failssuch Insurance Premiums have been paid by Lender). Within thirty (30) days after request by Lender, at any time or from time to each Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, to comply with the requirements of the preceding sentencechanges in liability laws, Landlord may order such insurance and charge the out-of-pocket cost thereof to Tenantchanges in prudent customs and practices, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent. Tenant shall give prompt notice to Landlord and Agent of any significant (as determined by Tenant in the exercise of its reasonable judgment) bodily injury, death, significant (as determined by Tenant in the exercise of its reasonable judgment) personal injury, advertising injury or material property damage occurring in and about the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional Rentextent such coverage is commercially available.
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Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the policies of insurance described on Exhibit H attached hereto and incorporated herein (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) be issued by an insurance company with a Best rating of excellent (A- or better) and shall be licensed to do business in the state in which the Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given to Landlord; and (c) provide for deductible amounts as set forth in Exhibit H, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall risk management program. The Tenant’s Policies providing either or both commercial property insurance and commercial general/garage or excess liability insurance shall: (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of (i) Landlord; (ii) First Industrial Realty Trust, Inc., but only during such period of time as Landlord is an entity related to, or affiliated with, First Industrial Realty Trust, Inc.; and (iii) Landlord’s lender, if applicable, as additional insureds; (3) provide coverage, to the extent reasonably insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but not under Tenant’s commercial property insurance policy); (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage, with no exclusion, for a pollution incident arising from a hostile fire, and if applicable, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement, evidencing Tenant’s Policies shall be delivered to Landlord prior to the Commencement Date and renewals thereof shall be delivered to Landlord’s Corporate and Regional Notice Addresses (as set forth on the signature page of this Lease) within thirty (30) days of the renewal date thereof. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may order such insurance and charge the out-of-pocket cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent. Tenant shall give prompt notice to Landlord and Agent of any significant (as determined by Tenant Xxxxxx in the exercise of its reasonable judgment) bodily injury, death, significant (as determined by Tenant in the exercise of its reasonable judgment) personal injury, advertising injury or material property damage occurring in and about the Premises of which Tenant Xxxxxx has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional Rent.
Appears in 1 contract
Samples: KAR Holdings, Inc.
Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the All policies of insurance described on Exhibit H attached hereto and incorporated herein (collectively, the “Tenant’s Policies”). All Tenant’s Policies ) required pursuant to Section 7.1.1 above shall (ai) be issued by an insurance company with a Best rating of excellent (A- or better) companies approved by Lender and shall be licensed authorized to do business in the state State, with a claims paying ability rating of “A” or better by S&P (and the equivalent by any other Rating Agency) and a rating of A:X or better in which the Premises is locatedcurrent Best’s Insurance Reports; (bii) provide name Lender and its successors and/or assigns as their interest may appear as the mortgagee (in the case of property insurance), loss payee (in the case of business interruption/loss of rents coverage) and an additional insured (in the case of liability insurance); (iii) contain (in the case of property insurance) a Non-Contributory Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which all payments made by such insurance company shall be paid; (iv) contain a waiver of subrogation against Lender; (v) be assigned and a carrier-certified copy thereof be delivered to Lender; (vi) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including (A) endorsements providing that said insurance neither Borrower, Lender nor any other party shall not be canceled or materially modified unless 30 a co-insurer under the Policies, (B) that Lender shall receive at least thirty (30) days’ prior written notice of any modification, reduction or cancellation of any of the Policies, (C) an agreement whereby the insurer waives any right to claim any premiums and commissions against Lender, provided that the policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured and (D) providing that Lender is permitted to make payments to effect the continuation of such policy upon notice of cancellation due to non-payment of premiums; (vii) in the event any insurance policy (except for general public and other liability and workers compensation insurance) shall have been given contain breach of warranty provisions, such policy shall provide that with respect to Landlordthe interest of Lender, such insurance policy shall not be invalidated by and shall insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents; and (cviii) provide for deductible amounts be satisfactory in form and substance to Lender and approved by Lender as set forth in Exhibit Hto amounts, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall form, risk management program. The Tenant’s Policies providing either or both commercial property insurance and commercial general/garage or excess liability insurance shall: (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of (i) Landlord; (ii) First Industrial Realty Trust, Inc., but only during such period of time as Landlord is an entity related to, or affiliated with, First Industrial Realty Trust, Inc.; and (iii) Landlord’s lender, if applicable, as additional insureds; (3) provide coverage, deductibles, loss payees and insureds. Borrower shall pay the premiums for such Policies (the “Insurance Premiums”) as the same become due and payable and furnish to Lender evidence of the extent renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender pursuant to Section 3.3 hereof) receipts for or other evidence of the payment of the Insurance Premiums reasonably insurable, for the indemnity obligations of Tenant under this Lease; satisfactory to Lender. If Borrower does not furnish such evidence and receipts at least thirty (430) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but not under Tenant’s commercial property insurance policy); (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage, with no exclusion, for a pollution incident arising from a hostile fire, and if applicable, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement, evidencing Tenant’s Policies shall be delivered to Landlord days prior to the Commencement Date expiration of any expiring Policy, then Lender may, but shall not be obligated to, procure such insurance and renewals thereof pay the Insurance Premiums therefor, and Borrower shall be delivered reimburse Lender for the cost of such Insurance Premiums promptly on demand, with interest accruing at the Default Rate. Borrower shall deliver to Landlord’s Corporate and Regional Notice Addresses (as set forth on the signature page Lender a certified copy of this Lease) each Policy within thirty (30) days after its effective date. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the renewal date thereof. In the event that Tenant fails, at any time or from time to value of money over time, to comply with changes in liability laws, changes in prudent customs and practices, and the requirements of the preceding sentence, Landlord may order such insurance and charge the out-of-pocket cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent. Tenant shall give prompt notice to Landlord and Agent of any significant (as determined by Tenant in the exercise of its reasonable judgment) bodily injury, death, significant (as determined by Tenant in the exercise of its reasonable judgment) personal injury, advertising injury or material property damage occurring in and about the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional Rentlike.
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Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the All policies of insurance described on Exhibit H attached hereto and incorporated herein (collectively, the “Tenant’s Policies”). All Tenant’s Policies ) required pursuant to these insurance requirements shall (ai) be issued by an insurance company with a Best rating of excellent (A- or better) companies approved by Beneficiary and shall be licensed to do business in the state State, with a claims paying ability rating of “AA” or better by S&P (and the equivalent by any other Rating Agency) and a rating of A:VII or better in which the Premises is locatedcurrent Best’s Insurance Reports; (bii) provide name Beneficiary and its successors and/or assigns as their interests may appear as the mortgagee (in the case of property and rent loss or business interruption insurance) or an additional insured (in the case of liability insurance); (iii) contain (in the case of property insurance) a Non-Contributory Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Beneficiary as the Person to which all payments made by such insurance company shall be paid; (iv) provisions permitting Borrower to waive its rights of subrogation against Beneficiary; (v) be assigned and the originals thereof delivered to Beneficiary; (vi) contain such provisions as Beneficiary deems reasonably necessary or desirable to protect its interest, including (A) endorsements providing that said insurance neither Borrower, Beneficiary nor any other party shall not be canceled or materially modified unless 30 a co-insurer under the Policies, (B) that Beneficiary shall receive at least thirty (30) days’ prior written notice of any modification, reduction or cancellation of any of the Policies, (C) an agreement whereby the insurer waives any right to claim any premiums and commissions against Beneficiary, provided that the policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured and (D) providing that Beneficiary is permitted to make payments to effect the continuation of such Policy upon notice of cancellation due to non-payment of premiums; (vii) in the event any insurance policy (except for general public and other liability and workers compensation insurance) shall have been given contain breach of warranty provisions, such policy shall provide that with respect to Landlordthe interest of Beneficiary, such insurance policy shall not be invalidated by and shall insure Beneficiary regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Beneficiary pursuant to any provision of the Loan Documents; and (cviii) provide for deductible amounts be satisfactory in form and substance to Beneficiary and approved by Beneficiary as set forth in Exhibit Hto amounts, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall form, risk management program. The Tenant’s Policies providing either or both commercial property insurance and commercial general/garage or excess liability insurance shall: (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all of (i) Landlord; (ii) First Industrial Realty Trust, Inc., but only during such period of time as Landlord is an entity related to, or affiliated with, First Industrial Realty Trust, Inc.; and (iii) Landlord’s lender, if applicable, as additional insureds; (3) provide coverage, deductibles, loss payees and insureds. Borrower shall pay the premiums for such Policies (the “Insurance Premiums”) as the same become due and payable and furnish to Beneficiary evidence of the extent renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Beneficiary) receipts for or other evidence of the payment of the Insurance Premiums reasonably insurable, for the indemnity obligations of Tenant under this Lease; satisfactory to Beneficiary. If Borrower does not furnish such evidence and receipts at least thirty (430) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but not under Tenant’s commercial property insurance policy); (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage, with no exclusion, for a pollution incident arising from a hostile fire, and if applicable, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement, evidencing Tenant’s Policies shall be delivered to Landlord days prior to the Commencement Date expiration of any expiring Policy, then Beneficiary may, but shall not be obligated to, procure such insurance and renewals thereof pay the Insurance Premiums therefor, and Borrower shall be delivered reimburse Beneficiary for the cost of such Insurance Premiums promptly on demand, with interest accruing at the Default Rate. Borrower shall deliver to Landlord’s Corporate and Regional Notice Addresses (as set forth on the signature page Beneficiary a certified copy of this Lease) each Policy within thirty (30) days after its effective date. Within thirty (30) days after request by Beneficiary, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Beneficiary, taking into consideration changes in the renewal date thereof. In the event that Tenant fails, at any time or from time to value of money over time, to comply with changes in liability laws, changes in prudent customs and practices, and the requirements of the preceding sentence, Landlord may order such insurance and charge the out-of-pocket cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rentlike. Tenant shall give prompt notice to Landlord and Agent of any significant (as determined by Tenant in the exercise of its reasonable judgment) bodily injury, death, significant (as determined by Tenant in the exercise of its reasonable judgment) personal injury, advertising injury or material property damage occurring in and about the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the right, upon written notice to Tenant, to purchase the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenant, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional Rent.
Appears in 1 contract
Samples: Fee and Leasehold Deed of Trust Security Agreement and Fixture Filing (Lodging Fund REIT III, Inc.)
Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the All policies of insurance described on Exhibit H attached hereto and incorporated herein (collectively, “Tenant’s the "Policies”). All Tenant’s Policies shall ") required pursuant to Section 7.1.1 hereof shall: (a) be issued by an insurance company with a Best rating of excellent (A- or better) companies approved by Lender and shall be licensed authorized to do business in the state State, with a claims paying ability rating of "A" or better by S&P and a rating of "A:X" or better in which the Premises is locatedcurrent Best's Insurance Reports; (b) name Lender and its successors and/or assigns as their interest may appear as the mortgagee/lender's loss payable (in the case of property insurance and business interruption/loss of rents coverage) and an additional insured (in the case of liability insurance); (c) contain (in the case of property insurance) a Non-Contributory Standard Mortgagee Clause/Lender's Loss Payable Endorsement, or their equivalents, naming Lender as the person to which all payments made by such insurance company shall be paid; (d) with respect to property (including business interruption/loss of rents), commercial general liability and excess/umbrella liability policies, contain a waiver of subrogation in favor of Lender; (e) with respect to property policies (including business interruption/loss of rents), contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including (i) endorsements providing that neither Borrower, Lender nor any other party shall be a co-insurer under the Policies, (ii) that Lender shall receive at least thirty (30) days' prior written notice of cancellation of any of the property Policies, except ten (10) days' notice for cancellation due to non-payment of premium; provided that, with respect to liability Policies, such notice shall also be provided to the extent available; however, if not available, Borrowers shall provide the required notice to Lender, (iii) that such policy shall not contain any provision that would make the Lender liable for any premiums and commissions, provided that the policy need not waive the requirement that the premium be paid in order to effect continuation of coverage if the policy will be cancelled due to non-payment of premium and (iv) providing that Lender is permitted to make payments to effect the continuation of such policy upon notice of cancellation due to non-payment of premiums; (f) in the event any property insurance policy shall contain breach of warranty provisions, such policy shall provide that said with respect to the interest of Lender, such insurance policy shall not be canceled or materially modified unless 30 days’ prior written notice invalidated by and shall have been given to Landlord; and (c) provide for deductible amounts as set forth in Exhibit H, though Landlord acknowledges that Tenant shall have the right to make reasonable changes to same from time to time in connection with comparable changes made to its overall risk management program. The Tenant’s Policies providing either or both commercial property insurance and commercial general/garage or excess liability insurance shall: (1) provide coverage on an occurrence basis, except for employee benefits liability insurance (under the garage insurance program) which may be on a claims-made basis; (2) except as otherwise specifically provided below, name all insure Lender regardless of (i) Landlord; any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (ii) First Industrial Realty Trust, Inc., but only during such period the occupancy or use of time as Landlord is an entity related tothe premises for purposes more hazardous than permitted by the terms thereof, or affiliated with, First Industrial Realty Trust, Inc.(iii) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents; and (iiig) Landlord’s lenderbe satisfactory in form and substance to Lender and approved by Lender as to amounts, if applicableform, as additional insureds; (3) provide risk coverage, to the extent reasonably insurabledeductibles, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision (under Tenant’s commercial general or excess liability policy, but not under Tenant’s commercial property insurance policy); (5) be primary, not contributing with, loss payees and not in excess of, coverage that Landlord may carry; insureds and (6) provide coverage, with no exclusion, for a pollution incident arising from a hostile fire, and if applicable, contain a hostile fire endorsement. Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement, evidencing Tenant’s Policies shall be complete copies thereof delivered to Landlord Lender. In the event of foreclosure or other transfer of title, Borrowers agree that all proceeds payable thereunder pertaining to such Borrower's Property shall thereupon vest in the purchaser at such foreclosure or in Lender or other transferee in the event of such other transfer of title. Borrowers shall pay the premiums for such Policies (the "Insurance Premiums") as the same become due and payable and furnish to Lender evidence of the renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender pursuant to Section 3.4 hereof) receipts for or other evidence of the payment of the Insurance Premiums reasonably satisfactory to Lender. If Borrowers do not furnish such evidence and receipts at least thirty (30) days prior to the Commencement Date expiration of any expiring Policy, then Lender may, but shall not be obligated to, procure such insurance and renewals thereof pay the Insurance Premiums therefor, and Borrowers shall be delivered reimburse Lender for the cost of such Insurance Premiums promptly on demand, with interest accruing at the Default Rate. Borrowers shall deliver to Landlord’s Corporate and Regional Notice Addresses (as set forth on the signature page Lender a complete copy of this Lease) each Policy within thirty (30) days after its effective date. Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the renewal date thereof. In the event that Tenant fails, at any time or from time to value of money over time, to comply changes in liability laws, changes in prudent customs and practices, and the like. Lender agrees that the Policies may be in the form of a blanket policy provided that (A) such policy otherwise meets the requirements set forth herein this Section 7.1, (B) Lender shall be satisfied by evidence required by Lender that the blanket policy provides the same protection as would separate Policies insuring only the Properties in accordance with the requirements terms of the preceding sentence, Landlord may order such insurance this Agreement and charge the out-of-pocket cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent. Tenant shall give prompt notice to Landlord and Agent of any significant (as determined by Tenant in the exercise of its reasonable judgmentC) bodily injury, death, significant (as determined by Tenant in the exercise of its reasonable judgment) personal injury, advertising injury or material property damage occurring in and about the Premises of which Tenant has actual knowledge. Notwithstanding anything to the contrary contained in this Section 10, upon the occurrence of a Default, Landlord shall have the rightBorrowers shall, upon written notice to Tenantrequest of Lender, to purchase provide Lender with a complete schedule of locations and values for properties associated with such blanket policy (any such blanket policy that satisfies the aforementioned Tenant’s Policies on Tenant’s behalf and charge the out-of-pocket cost thereof to Tenantforegoing conditions, which amounts shall be payable by Tenant to Landlord, upon demand, as Additional Rentan "Acceptable Blanket Policy").
Appears in 1 contract
Samples: Loan Agreement (Parking REIT, Inc.)