Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do business in the State of California and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s Insurance Guide. Each insurance policy shall provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 3 contracts
Samples: Office Lease (Marin Software Inc), Office Lease (Marin Software Inc), Office Lease (Marin Software Inc)
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. ----------- 15.
a. above shall be issued by an insurance company authorized to do business licensed in the State of California and with a general policyholders’ ' rating of “A-” "A+" or better and a financial size ranking of “"Class VIII” " or higher in the most recent edition of Best’s 's Insurance Guide. Each insurance policy policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ ' prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iiiiv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property Each such insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s 's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease. Nothing in this Paragraph 15 shall be construed as creating or implying the existence of (i) any ownership by Tenant of any fixtures, additions, Alterations, or improvements in or to the Premises or (ii) any right on Tenant's part to make any addition, Alteration or improvement in or to the Premises.
Appears in 3 contracts
Samples: Office Lease (Bea Systems Inc), Office Lease (Digital Island Inc), Office Lease (Digital Island Inc)
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do business licensed in the State of California and with a general policyholders’ ' rating of “A-” "A+" or better and a financial size ranking of “"Class VIII” " or higher in the most recent edition of Best’s 's Insurance Guide. Each insurance policy policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ ' prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iiiiv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property Each such insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s 's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 3 contracts
Samples: Office Lease (Ask Jeeves Inc), Office Lease (Ask Jeeves Inc), Office Lease (Norcal Waste Systems Inc)
Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company authorized companies with general policyholders’ rating of not less than “A” Class VI as rated in the most current available “Best’s Insurance Reports” and licensed to do business in the State of California Florida and with a in good financial standing, and general policyholders’ rating of “A-” or better liability and a financial size ranking of “Class VIII” or higher umbrella liability policies shall be issued in the most recent edition names of Best’s Insurance GuideLandlord, Tenant and other such persons or firms as Landlord specifies from time to time. Each Such policies shall be for the mutual and joint benefit and protection of Landlord, Tenant and others specified in this Lease, and certificates of insurance enumerating the above coverages and naming Landlord as an additional insured shall be delivered to the Landlord within ten (10) days after delivery of possession of the Leased Premises to Tenant and thereafter within ten (10) days prior to the expiration of the term of each such policy. As often as any such policy shall provide expire or terminate, renewal or additional policies shall be procured and maintained by the Tenant in like manner and amounts and to like extent. All certificates delivered to the Landlord must contain a provision that it may not be materially changed, cancelled or allowed Tenant’s Insurer will endeavor to lapse unless give thirty (30) days’ prior notice in writing in advance of any cancellation or lapse or the effective date or any material change in coverage. All public liability, property damage and other casualty policies shall be written notice as primary policies, not contributing with and not as excess coverage to that which the Landlord and any other insureds designated by Landlord is first givenmay carry. If any The minimum limits of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policiesof insurance set forth in subparagraphs 18(b)(i) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and - (iii) provide that the policy and the coverage provided above shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled subject to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may reasonable increase at any time, and from time to time, inspect and/or copy any and all insurance policies time provided the total coverages required to be maintained by Tenant are either required by this Leaseits mortgagee or are not substantially greater than the limits generally required to be maintained by tenants occupying similar space for comparable uses in the City of Jacksonville, Florida. Within thirty (30) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant agrees, at its own expense, to comply with all rules and regulations of the Fire Insurance Rating Organization having jurisdiction of the Demised Premises and to comply with all requirements imposed by Landlord’s insurance carrier, if any. If gas is used in the Demised Premises, Tenant shall install, at its expense, both manual and automatic gas cut-off devices.
Appears in 3 contracts
Samples: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)
Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall comply with the following:
(a) policies must be issued by an insurance company authorized companies with general policy holder’s ratings of not less than A-, and financial ratings of not less than Class VII, as rated in the most current available “Best’s Key Rating Guide,” and which are qualified to do business in the State state where the Premises is situated;
(b) any policies issued on a “Claims Made” basis must be renewed for a 3-year period after the termination of California this Lease or provide for a 3-year tail reporting period if coverage is not renewed;
(c) all such policies shall name Landlord, Landlord’s property manager, and with a general policyholders’ rating of “A-” Landlord’s mortgagee(s) or better and a financial size ranking of “Class VIII” or higher beneficiary(ies) as additional insureds (or, in the most recent edition case of Bestcasualty policies, shall name Landlord, Landlord’s Insurance Guide. Each insurance policy property manager, and Landlord’s mortgagee(s) or beneficiary(ies) as loss payees), and all such policies shall provide that it may not be materially changedfor the mutual and joint benefit and protection of Landlord, cancelled Tenant, Landlord’s property manager, and Landlord’s mortgagee(s) or allowed to lapse unless thirty beneficiary(ies); and
(30d) days’ prior All public liability, property damage, and other casualty policies shall be written notice to Landlord as primary policies and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage insurance carried by Landlord shall not be noncontributory contributing with respect to such policies. Executed copies of the policies carried by Tenant. The property of insurance, with certificates indicating that such insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15is currently in force, or a certificate certificates thereof, shall be delivered to Landlord by Tenant on prior to Tenant, its agents, or before employees entering the effective date Premises for any purpose. Thereafter, upon Landlord’s request, executed copies of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thereof shall be delivered to Landlord within thirty (30) days prior to the expiration dates of expiring policiesthe term of each policy. If Tenant fails delivers a certificate of insurance to procure Landlord pursuant to either of the foregoing two sentences, Tenant shall, upon Landlord’s request, deliver to Landlord an executed copy of the underlying policy. Whether or not Landlord requires Tenant to provide a copy of the underlying policies of insurance covered under this Article, Tenant shall provide Landlord with an endorsement to each such insurance or to deliver such policies or certificatespolicy, Landlord may, at its option, procure the same for appropriately issued by Tenant’s accountinsurance company to the effect that (a) the insurance is primary and any insurance carried by Landlord shall not be contributing with such policies, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time(b) Landlord, Landlord’s property manager, and from time to timeLandlord’s mortgagee(s) or beneficiary(ies) are named as additional insureds or loss payees, inspect and/or copy as applicable, and (c) the insurer will give Landlord at least thirty (30) days’ written notice in advance of any and all insurance policies required by this Leasecancellation or lapse, or of the effective date of any reduction in the amounts, of insurance.
Appears in 2 contracts
Samples: Office and Warehouse Lease, Office and Warehouse Lease (Tilly's, Inc.)
Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall comply with the following:
(a) policies must be issued by an insurance company authorized companies with general policy holder’s ratings of not less than A-, and financial ratings of not less than Class VII, as rated in the most current available “Best’s Key Rating Guide,” and which are qualified to do business in the State state where the Premises is situated;
(b) any policies issued on a “Claims Made” basis must be renewed for a 3-year period after the termination of California this Agreement or provide for a 3-year tail reporting period if coverage is not renewed;
(c) all such policies shall name Landlord, Landlord’s property manager, and with a general policyholders’ rating of “A-” Landlord’s mortgagee(s) or better and a financial size ranking of “Class VIII” or higher beneficiary(ies) as additional insureds (or, in the most recent edition case of Bestcasualty policies, shall name Landlord, Landlord’s Insurance Guide. Each insurance policy property manager, and Landlord’s mortgagee(s) or beneficiary(ies) as loss payees), and all such policies shall provide that it may not be materially changedfor the mutual and joint benefit and protection of Landlord, cancelled Tenant, Landlord’s property manager, and Landlord’s mortgagee(s) or allowed to lapse unless thirty beneficiary(ies); and
(30d) days’ prior All public liability, property damage, and other casualty policies shall be written notice to Landlord as primary policies and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage insurance carried by Landlord shall not be noncontributory contributing with respect to such policies. Executed copies of the policies carried by Tenant. The property of insurance, with certificates indicating that such insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15is currently in force, or a certificate certificates thereof, shall be delivered to Landlord by Tenant on prior to Tenant, its agents, or before employees entering the effective date Premises for any purpose. Thereafter, upon Landlord’s request, executed copies of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thereof shall be delivered to Landlord within thirty (30) days prior to the expiration dates of expiring policiesthe term of each policy. If Tenant fails delivers a certificate of insurance to procure Landlord pursuant to either of the foregoing two sentences, Tenant shall, upon Landlord’s request, deliver to Landlord an executed copy of the underlying policy. Whether or not Landlord requires Tenant to provide a copy of the underlying policies of insurance covered under this Article, Tenant shall provide Landlord with an endorsement to each such insurance or to deliver such policies or certificatespolicy, Landlord may, at its option, procure the same for appropriately issued by Tenant’s accountinsurance company to the effect that (a) the insurance is primary and any insurance carried by Landlord shall not be contributing with such policies, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time(b) Landlord, Landlord’s property manager, and from time to timeLandlord’s mortgagee(s) or beneficiary(ies) are named as additional insureds or loss payees, inspect and/or copy as applicable, and (c) the insurer will give Landlord at least thirty (30) days’ written notice in advance of any and all insurance policies required by this Leasecancellation or lapse, or of the effective date of any reduction in the amounts, of insurance.
Appears in 2 contracts
Samples: Office and Warehouse Lease, Office and Warehouse Lease (Tilly's, Inc.)
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do due business in the State of California and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIIIVII” or higher in the most recent edition of Best’s Insurance Guide. Each insurance policy shall insurer must agree to endeavor to provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlordcancellation or non-renewal (ten (10) days for non-payment of premium). The liability policies (including and any umbrella/excess coverage policies) policies carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name protect Tenant as the named insured and shall protect Landlord and all the other Indemnitees and any other parties designated by Landlord Landlord, as additional insuredsinsureds (except that Tenant shall not be required to add as an additional insured any party that does not have a direct or indirect financial or ownership interest in Real Property or otherwise have an insurable interest with regard to the operation of the Real Property, if Tenant’s insurance carrier declines to add such party as an additional insured as a result of the absence of such interest), (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, insured and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause under item (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each such insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty fifteen (3015) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. If a claim has been filed and, in connection therewith, an issue arises regarding the coverage provided under any of the above required policies, Landlord may at any time, and from time to time, inspect and/or copy any the relevant insurance policy; provided, however, if Landlord desires to inspect and/or copy a policy pursuant to the foregoing and all insurance policies the policy contains information irrelevant to the coverage issue and/or also covers property other than the Premises, then Tenant shall not be required by this Leaseto release the portions of the policy that are irrelevant to the coverage issue or that relate to such other properties if they are not required for Landlord to reasonably assess the coverage issue.
Appears in 2 contracts
Samples: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
Policy Form. Each (i) All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an reputable and financially sound insurance company authorized companies reasonably satisfactory to Landlord, and such insurance companies shall be qualified to do business in the State jurisdiction where the applicable Premises are situated. All such policies shall be issued in Tenant’s name, with Landlord named as an additional insured and/or loss payee as applicable, and, if requested by Landlord, name any superior landlord and any mortgagee or beneficiary of California Landlord as an additional insured or loss payee. The policies shall be for the mutual and with a general policyholders’ rating joint benefit and protection of “A-” Landlord, Tenant, any superior landlord and any mortgagee or better beneficiary of Landlord. Certificates of insurance shall be delivered to Landlord prior to Landlord’s execution of this Lease, and a financial size ranking thereafter certificates or other evidence of “Class VIII” renewal or higher in replacement coverage shall be delivered to Landlord within five (5) days prior to the most recent edition expiration of Best’s Insurance Guidethe term of each such policy. Each insurance As often as any such policy shall provide that it may not expire or terminate, renewal or additional policies shall be materially changedprocured and maintained by Tenant in like manner and to like extent. All certificates of insurance delivered to Landlord must contain a provision giving Landlord, cancelled any superior landlord, and any mortgagee or allowed to lapse unless beneficiary of Landlord thirty (30) days’ prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in writing in advance of any cancellation or lapse, except only ten (10) days’ notice will be provided for cancellation due to premium non-payment, of insurance. All public liability, property damage, and other casualty policies shall be written on an occurrence basis as primary policies, not contributing with or in writing by Landlord. The liability policies (including any umbrella/excess of coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name which Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, may carry.
(ii) provide that no act or omission of Tenant shall affect or limit Tenant’s obligations to carry the obligations of the insurer with respect to any other insured, and (iii) provide that the policy and insurance provided for above may be brought within the coverage provided shall be primaryof a so-called blanket policy or policies of insurance carried and maintained by Tenant; provided, however, that such policy or policies must have limits of not less than Five Million and 00/100 Dollars ($5,000,000) for any one occurrence and that Landlord, although any superior landlord and any mortgagee or beneficiary of Landlord shall be named as an additional insured, shall nevertheless insured or loss payee thereunder as their interests may appear and that the coverage afforded Landlord will not be entitled to recovery under such policy for any damage to Landlord reduced or the other Indemnitees diminished by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on or before the effective date use of such policy and thereafter Tenant shall deliver to Landlord renewal blanket policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Leaserequirements set forth herein are otherwise satisfied.
Appears in 2 contracts
Samples: Master Lease (American Restaurant Group Inc), Master Lease (American Restaurant Group Inc)
Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall comply with the following:
(a) policies must be issued by an insurance company authorized companies with general policy holder’s ratings of not less than A-, and financial ratings of not less than Class VII, as rated in the most current available “Best’s Key Rating Guide,” and which are qualified to do business in the State state where the Complex is situated;;
(b) any policies issued on a “Claims Made” basis must be renewed for a 3-year period after the termination of California this Lease or provide for a 3-year tail reporting period if coverage is not renewed; and
(c) all such policies shall name Landlord, Landlord’s property manager, and with a general policyholders’ rating of “A-” Landlord’s mortgagee(s) or better and a financial size ranking of “Class VIII” or higher beneficiary(ies) as additional insureds (or, in the most recent edition case of Bestcasualty policies, shall name Landlord, Landlord’s Insurance Guide. Each insurance policy property manager, and Landlord’s mortgagee(s) or beneficiary(ies) as loss payees), and all such policies shall provide that it may not be materially changedfor the mutual and joint benefit and protection of Landlord, cancelled Tenant, Landlord’s property manager, and Landlord’s mortgagee(s) or allowed to lapse unless thirty beneficiary(ies).
(30d) days’ prior All public liability, property damage, and other casualty policies shall be written notice to Landlord as primary policies and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage insurance carried by Landlord shall not be noncontributory contributing with respect to such policies. Executed copies of the policies carried by Tenant. The property of insurance, with certificates indicating that such insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15is currently in force, or a certificate certificates thereof, shall be delivered to Landlord by Tenant on prior to Tenant, its agents, or before employees entering the effective date Premises for any purpose. Thereafter, upon Landlord’s request, executed copies of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thereof shall be delivered to Landlord within thirty (30) days prior to the expiration dates of expiring policiesthe term of each policy. If Tenant fails delivers a certificate of insurance to procure Landlord pursuant to either of the foregoing two sentences, Tenant shall, upon Landlord’s request, deliver to Landlord an executed copy of the underlying policy. Whether or not Landlord requires Tenant to provide a copy of the underlying policies of insurance covered under this Article, Tenant shall provide Landlord with an endorsement to each such insurance or to deliver such policies or certificatespolicy, Landlord may, at its option, procure the same for appropriately issued by Tenant’s accountinsurance company to the effect that (a) the insurance is primary and any insurance carried by Landlord shall not be contributing with such policies, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time(b) Landlord, Landlord’s property manager, and from time to timeLandlord’s mortgagee(s) or beneficiary(ies) are named as additional insureds or loss payees, inspect and/or copy as applicable, and (c) the insurer will give Landlord at least thirty (30) days’ written notice in advance of any and all insurance policies required by this Leasecancellation or lapse, or of the effective date of any reduction in the amounts, of insurance.
Appears in 2 contracts
Samples: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)
Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall comply with the following:
(a) policies must be issued by an insurance company authorized companies with general policy holder’s ratings of not less than A-, and financial ratings of not less than Class VII, as rated in the most current available “Best’s Key Rating Guide,” and which are qualified to do business in the State state where the Premises is situated;;
(b) any policies issued on a “Claims Made” basis must be renewed for a 3-year period after the termination of California this Lease or provide for a 3-year tail reporting period if coverage is not renewed; and
(c) all such policies shall name Landlord, Landlord’s property manager, and with a general policyholders’ rating of “A-” Landlord’s mortgagee(s) or better and a financial size ranking of “Class VIII” or higher beneficiary(ies) as additional insureds (or, in the most recent edition case of Bestcasualty policies, shall name Landlord, Landlord’s Insurance Guide. Each insurance policy property manager, and Landlord’s mortgagee(s) or beneficiary(ies) as loss payees), and all such policies shall provide that it may not be materially changedfor the mutual and joint benefit and protection of Landlord, cancelled Tenant, Landlord’s property manager, and Landlord’s mortgagee(s) or allowed to lapse unless thirty beneficiary(ies).
(30d) days’ prior All public liability, property damage, and other casualty policies shall be written notice to Landlord as primary policies and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage insurance carried by Landlord shall not be noncontributory contributing with respect to such policies. Executed copies of the policies carried by Tenant. The property of insurance, with certificates indicating that such insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15is currently in force, or a certificate certificates thereof, shall be delivered to Landlord by Tenant on prior to Tenant, its agents, or before employees entering the effective date Premises for any purpose. Thereafter, upon Landlord’s request, executed copies of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thereof shall be delivered to Landlord within thirty (30) days prior to the expiration dates of expiring policiesthe term of each policy. If Tenant fails delivers a certificate of insurance to procure Landlord pursuant to either of the foregoing two sentences, Tenant shall, upon Landlord’s request, deliver to Landlord an executed copy of the underlying policy. Whether or not Landlord requires Tenant to provide a copy of the underlying policies of insurance covered under this Article, Tenant shall provide Landlord with an endorsement to each such insurance or to deliver such policies or certificatespolicy, Landlord may, at its option, procure the same for appropriately issued by Tenant’s accountinsurance company to the effect that (a) the insurance is primary and any insurance carried by Landlord shall not be contributing with such policies, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time(b) Landlord, Landlord’s property manager, and from time to timeLandlord’s mortgagee(s) or beneficiary(ies) are named as additional insureds or loss payees, inspect and/or copy as applicable, and (c) the insurer will give Landlord at least thirty (30) days’ written notice in advance of any and all insurance policies required by this Leasecancellation or lapse, or of the effective date of any reduction in the amounts, of insurance.
Appears in 2 contracts
Samples: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)
Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company authorized companies satisfactory to do Landlord with general policy holders' rating of not less than A and a financial rating of AAA as rated in the most current available "Best Insurance Reports", and qualified to business in the State of California Texas, and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIII” or higher shall be issued in the most recent edition names of Best’s Insurance GuideLandlord, Tenant and such other person or firms as Landlord specifies from time to time. Each insurance policy Such policies shall provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ prior written notice to Landlord and any other insureds designated by Landlord is first given. If any contain a waiver of the above right of subrogation against the Landlord Such policies are subject shall be for the mutual and joint benefit and protection of Landlord, Tenant and others hereinabove mentioned, and executed copies of such policies of insurance or certificates thereof shall be delivered to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) Landlord no later than upon delivery of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations possession of the insurer with respect Premises to any other insured, Tenant and thereafter within fifteen (iii15) provide days prior to the expiration of the term of each such policy. All public liability and property damage policies shall contain a provision that the policy and the coverage provided shall be primary, that Landlord, although named as an additional insured, insured shall nevertheless be entitled to recovery under such policy said policies for any damage loss occasioned to Landlord or the other Indemnitees it, its servants, agents and employees by reason of acts the negligence or omissions misconduct of the Tenant. As often as any such policy shall expire or terminate, and that any coverage carried by Landlord renewal or additional policies shall be noncontributory with respect procured and maintained by the Tenant in like manner and to like extent. All policies carried by Tenant. The property of insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to the Landlord by Tenant on must contain a provision that the company writing said policy will give to the Landlord fifteen (15) days notice in writing in advance of any cancellation or before lapse or the effective date of such policy any reduction in the amounts of insurance. All public liability, property damage and thereafter other casualty policies shall be written as primary policies, not contributing with and not in excess of coverage which the Landlord may carry. On default of Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure keeping any such insurance or to deliver such policies or certificatesin force, the Landlord may, at its optionbut shall not be required, procure the same for Tenant’s accountto obtain such insurance, and the cost thereof expense there of shall constitute and be paid collectible as additional rent, payable to Landlord by Tenant upon on Landlord's demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 1 contract
Samples: Lease Agreement (Juniper Partners Acquisition Corp.)
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. Paragraphs 15.a and 15.b above shall be issued by an insurance company authorized to do business in the State of California Colorado and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s Insurance Guide. Each insurance policy Tenant shall provide that it may Landlord with not be materially changed, cancelled or allowed to lapse unless less than thirty (30) days’ prior written notice if an insurance policy obtained by Tenant hereunder is materially changed, cancelled or will be allowed to Landlord and any other insureds designated by Landlord is first givenlapse. If any of the above Tenant’s policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including and any umbrella/excess coverage policies) policies carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord Insurance Parties (hereinafter defined) as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, insured and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause under item (ii) of Paragraph 15.a. 15.a above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each such insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty ten (3010) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease. When used herein, “Landlord Insurance Parties” shall mean Landlord, any mortgagee (whose name is provided to Tenant for such purpose), Shorenstein Realty Services, L.P., Shorenstein Properties LLC, Shorenstein Company LLC, and Shorenstein Management, Inc. Landlord shall have the right to designate different Landlord Insurance Parties at any time by giving written notice to Tenant.
Appears in 1 contract
Samples: Office Lease (Salt Blockchain Inc.)
Policy Form. Each 5.2.1 Tenant shall obtain all policies .of insurance policy required pursuant by Section 5.1 from insurance companies reasonably acceptable to Paragraph 15.a. above shall be issued by an insurance company authorized Landlord which are qualified and admitted to do business in the State of California and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIII” or higher jurisdiction where the Premises are situated. All such policies shall be issued in the most recent edition name of Best’s Insurance GuideTenant, and, if requested by Landlord, Landlord, and any mortgagee or beneficiary of Landlord of such other parties as required under any matter of record, shall also be named as additional insureds. Each In addition, all such policies providing coverage for physical.damage shall include loss payee and mortgagee endorsement in favor of Landlord and Landlord's mortgagee or beneficiary, respectively and as applicable. The Tenant shall cause copies of such policies ..of insurance policy shall provide that it may or originally executed certificates thereof to be delivered to Landlord prior to . Landlord's execution of this Lease, and not be materially changed, cancelled or allowed to lapse unless less than thirty (30) days’ days prior to any renewal thereof. As often as any such policy shall expire or terminate, Tenant shall procure and maintain renewal or additional policies with like terms. None of such policies shall contain any co- insurance requirements' and all such policies shall provide for written notice to Landlord and. any mortgagee or beneficiary of Landlord not less than thirty (30) days prior to any modification, cancellation, lapse, or reduction in the amounts of insurance, and shall further provide that any other insureds designated by loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of Landlord is first given. If any or Tenant which might, absent such provision, result in a forfeiture of all or part of the above payment of such loss. All general liability, property damage, and other casualty policies shall be written on an occurrence basis as primary policies, not contributing with or in excess of coverage which Landlord may carry. The insurance limits set forth in this Article 5 are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing such reasonable increases as requested by Landlord. The liability .
5.2.2 Tenant's obligations to carry the insurance provided for above may be brought within the coverage of an "umbrella" policy or policies (including any umbrella/excess coverage policies) of insurance carried and maintained by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above Tenant; provided, however, that such policy or policies shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insuredshave limits of not less than $10,000,000, (ii) provide that no act name" Landlord and any mortgagee or omission beneficiary of Tenant shall affect or limit the obligations of the insurer with respect to any other insuredLandlord as additional insureds as their interests may appear, and (iii) provide that the policy and the coverage provided shall afforded Landlord will not be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord reduced or the other Indemnitees diminished by reason of acts or omissions the use of Tenant, and that such blanket policies. Tenant agrees to permit Landlord at all reasonable times to inspect any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property of insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be which Tenant has not delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this LeaseLandlord.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Real Estate Fund Xviii Limited Partnership)
Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above of Subtenant herein shall be issued by an insurance company authorized companies with a current A.M. Best's Rating of A or better and a Financial Rating of at least VIII, both as rated in the most current "Best's Rating Guide," and which are qualified to do business in the State of California California. All such policies, except for the Worker's Compensation coverage, shall name and with a general policyholders’ rating shall be for the mutual and joint benefit and protection of “A-” or better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s Insurance Guide. Each insurance policy shall provide that it may not be materially changedMaster Landlord, cancelled or allowed to lapse unless thirty (30) days’ prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord Sublandlord and all the other Indemnitees entities controlling, controlled by, or under common control with Sublandlord, together with their respective owners, shareholders, partners, members, divisions, officers, directors, employees, representatives and any other parties designated by Landlord agents, and all of their respective successors and assigns as additional insureds, (ii) provide that no act or omission of Tenant . The policies described in Parts C and D in Section 1 above shall affect or limit the obligations also name Sublandlord as loss payee. Certified copies of the insurer with respect to any other insured, and (iii) provide that the policy declaration page and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights following endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord Sublandlord prior to Subtenant, its agents or employees entering the Premises for any purpose: (a) an endorsement confirming Sublandlord's and its relate parties additional insured status as provided herein, an endorsement evidencing waiver of subrogation as provided by Tenant on this Exhibit D, and (b) an endorsement confirming that all policies required of Subtenant herein shall be endorsed to read that such policies are primary policies and any insurance carried by Sublandlord or before Sublandlord's property manager shall be noncontributing with such policies. Thereafter, certified copies of the effective date of such policy declaration page and thereafter Tenant shall deliver to Landlord all required endorsements for the renewal policies or certificates at least thirty required hereby shall be delivered to Sublandlord within ten (3010) days prior to the expiration dates of expiring policiesthe term of each policy. If Tenant fails Alternatively, Sublandlord may require certificates evidencing such insurance. All policies of insurance delivered to procure such insurance Sublandlord must contain a provision that the company writing the policy will endeavor to give to Sublandlord at least ten (10) days' prior notice of any cancellation or lapse or the effective date of any reduction in the amounts of insurance. No policy required to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof be maintained by Subtenant shall be paid to Landlord have a deductible greater than Ten Thousand Dollars ($10,000.00) unless approved in writing by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this LeaseSublandlord.
Appears in 1 contract
Samples: Sublease
Policy Form. Each insurance policy required pursuant to this Paragraph 15.a. above 18 shall be issued by an insurance company authorized licensed to do business in the State of California and with a general policyholders’ rating of “A-” California, shall be rated A+X or better and a financial size ranking of “Class VIII” or higher in the most recent edition of "Best’s 's Insurance Guide" and approved by Landlord in Landlord's reasonable discretion. Each insurance policy policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled canceled or allowed to lapse unless thirty (30) days’ ' prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide for severability of interests and that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) shall provide that the policy and the coverage provided their respective coverages shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, primary and that any coverage carried insurance maintained by Landlord shall be noncontributory excess insurance only, (iv) in the case of insurance against loss or damage to the Premises or the Building, shall be endorsed to provide that such loss shall be adjusted with respect and be payable to policies carried by TenantLandlord, and (v) shall have deductible amounts, if any, not in excess of $55,000. The property Notwithstanding the foregoing, so long as Tenant is buzzsaw.com, Inc., a Delaware Corporation, or one of its Affiliates, xxx xxxxxxible amounts under such insurance may exceed $5,000, provided that such deductibles do not exceed commercially reasonable amounts. Each such insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such Landlord shall furnish to the Premises, during reasonable hours of generally recognized policies or certificates, . Landlord may, at its option, procure the same for Tenant’s 's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 1 contract
Samples: Sublease Agreement (Planetout Inc)
Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company authorized companies with general policyholders’ rating of not less than “A” Class VI as rated in the most current available “Best’s Insurance Reports” and licensed to do business in the State of California Florida and with a in good financial standing, and general policyholders’ rating of “A-” or better liability and a financial size ranking of “Class VIII” or higher umbrella liability policies shall be issued in the most recent edition names of Best’s Insurance GuideLandlord, Tenant and other such persons or firms as Landlord specifies from time to time. Each Such policies shall be for the mutual and joint benefit and protection of Landlord, Tenant and others specified in this Lease, and certificates of insurance enumerating the above coverages and naming Landlord as an additional insured shall be delivered to the Landlord within ten (10) days after delivery of possession of the Leased Premises to Tenant and thereafter within ten (10) days prior to the expiration of the term of each such policy. As often as any such policy shall provide expire or terminate, renewal or additional policies shall be procured and maintained by the Tenant in like manner and amounts and to like extent. All certificates delivered to the Landlord must contain a provision that it may not be materially changed, cancelled or allowed Tenant’s Insurer will endeavor to lapse unless give thirty (30) days’ prior notice in writing in advance of any cancellation or lapse or the effective date or any material change in coverage. All public liability, property damage and other casualty policies shall be written notice as primary policies, not contributing with and not as excess coverage to that which the Landlord and any other insureds designated by Landlord is first givenmay carry. If any The minimum limits of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies of insurance set forth in subparagraphs 18 (including any umbrella/excess coverage policiesb) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and - (iii) provide that the policy and the coverage provided above shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled subject to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may reasonable increase at any time, and from time to time, inspect and/or copy any and all insurance policies time provided the total coverages required to be maintained by Tenant are either required by this Leaseits mortgagee or are not substantially greater than the limits generally required to be maintained by tenants occupying similar space for comparable uses in the City of Jacksonville, Florida. Within thirty (30) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant agrees, at its own expense, to comply with all rules and regulations of the Fire Insurance Rating Organization having jurisdiction of the Demised Premises and to comply with all requirements imposed by Landlord’s insurance carrier, if any. If gas is used in the Demised Premises, Tenant shall install, at its expense, both manual and automatic gas cut-off devices.
Appears in 1 contract
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do business licensed in the State of California and with a general policyholders’ ' rating of “"A-” " or better and a financial size ranking of “"Class VIII” " or higher in the most recent edition of Best’s 's Insurance Guide. Each insurance policy policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty ten (3010) days’ ' prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iiiiv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property Each such insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty five (305) days Business Days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s 's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 1 contract
Samples: Office Lease (Sharper Image Corp)
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do business in the State of California and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s Insurance Guide. Each insurance policy shall insurer must agree to endeavor to provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ prior written notice to Landlord and of cancellation or non-renewal of any other insureds designated by Landlord is first givensuch policy (ten (10) days for non-payment of premium). If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts reasonably approved in advance in writing by Landlord. The liability policies (including any umbrella/umbrella/ excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty ten (3010) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 1 contract
Samples: Office Lease (New Relic Inc)
Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company authorized companies with general policyholders’ rating of not less than “A” Class VI as rated in the most current available “Best’s Insurance Reports” and licensed to do business in the State of California Florida and with a in good financial standing, and general policyholders’ rating of “A-” or better liability and a financial size ranking of “Class VIII” or higher umbrella liability policies shall be issued in the most recent edition names of Best’s Insurance GuideLandlord, Tenant and other such persons or firms as Landlord specifies from time to time. Each Such policies shall be for the mutual and joint benefit and protection of Landlord, Tenant and others specified in this Lease, and certificates of insurance enumerating the above coverages and naming Landlord as an additional insured shall be delivered to the Landlord within fifteen (15) days after delivery of possession of the Leased Premises to Tenant and thereafter within fifteen (15) days prior to the expiration of the term of each such policy. As often, as any such policy shall provide expire or terminate, renewal or additional policies shall be procured and maintained by the Tenant in like manner and amounts and to like extent. All certificates delivered to the Landlord must contain a provision that it may not be materially changed, cancelled or allowed Tenant’s Insurer will endeavor to lapse unless give thirty (30) days’ prior notice in writing in advance of any cancellation or lapse or any material change in coverage. All public liability, property damage and other casualty policies shall be written notice as primary policies, not contributing with and not as excess coverage to that which the Landlord and any other insureds designated by Landlord is first givenmay carry. If any The minimum limits of the liability policies of insurance set forth in subparagraphs 19(b)(i)-(iii) above policies are shall be subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may reasonable increase at any time, and from time to time, inspect and/or copy any and all insurance policies time provided the total coverages required to be maintained by Tenant are either required by this Leaseits mortgagee or are not substantially greater than the limits generally required to be maintained by tenants occupying similar space for comparable uses in the City of Jacksonville, Florida within thirty (30) days after demand therefor by Landlord,Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant agrees, at its own expense, to comply with all rules and regulations of the Fire Insurance Rating Organization having jurisdiction of the Leased Premises and to comply with all requirements imposed by Landlord’s insurance carrier, if any. If gas is used in the Leased Premises, Tenant shall install, at its expense, both manual and automatic gas cutoff devices.
Appears in 1 contract
Policy Form. Each 5.2.1 Tenant shall obtain all policies of insurance policy required pursuant by Section 5.1 from insurance companies reasonably acceptable to Paragraph 15.a. above shall be issued by an insurance company authorized to Landlord which are qualified and admitted to- do business in the State of California and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIII” or higher jurisdiction where the Premises are situated. All such policies shall be issued in the most recent edition name of Best’s Insurance GuideTenant, and, if requested by Landlord, Landlord, and any mortgagee or beneficiary of Landlord or such other parties as required under any matter of record, shall also be named as additional insureds. Each In addition, all such policies providing coverage for physical damage shall include loss payee and mortgagee endorsement in favor of Landlord and Landlord's mortgagee or beneficiary, respectively and as applicable. The Tenant shall cause copies of such policies of insurance policy shall provide that it may or originally executed certificates thereof to be delivered to Landlord prior to Landlord's execution of this Lease, and not be materially changed, cancelled or allowed to lapse unless less than thirty (30) days’ days prior to any renewal thereof. As often as any such policy shall expire or terminate, Tenant shall procure and maintain renewal or additional policies with like terms. None of such policies shall contain any co- insurance requirements and all such policies shall provide for written notice to Landlord and any other insureds designated by mortgagee or beneficiary of Landlord is first given. If not less than thirty (30) days prior to any modification, cancellation, lapse, or reduction in the amounts of insurance, and shall further provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of Landlord or Tenant which might, absent such provision, result in a forfeiture of all or part of the above payment of such loss. All general liability, property damage, and other casualty policies shall be written on an occurrence basis as primary policies, not contributing with or in excess of coverage which Landlord may carry. The insurance limits set forth in this Article 5 are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing such reasonable increases as requested by Landlord. The liability .
5.2.2 Tenant's obligations to carry the insurance provided for above may be brought within the coverage of an "umbrella" policy or policies (including any umbrella/excess coverage policies) of insurance carried and maintained by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above Tenant; provided, however, that such policy or policies shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insuredshave limits of not less than $10,000,000, (ii) provide that no act name Landlord and any mortgagee or omission beneficiary of Tenant shall affect or limit the obligations of the insurer with respect to any other insuredLandlord as additional insureds as their interests may appear, and (iii) provide that the policy and the coverage provided shall afforded Landlord will not be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord reduced or the other Indemnitees diminished by reason of acts or omissions the use of Tenant, and that such blanket policies. Tenant agrees to permit Landlord at all reasonable times to inspect any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property of insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be which Tenant has not delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this LeaseLandlord.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do business licensed in the State Commonwealth of California Massachusetts and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s Insurance Guide. Each insurance policy policy, other than Tenant’s workers’ compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iiiiv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property Each such insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, may at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any the relevant insurance policy; provided, however, if Landlord desires to inspect and/or copy a policy pursuant to the foregoing and all insurance policies the policy contains information irrelevant to the coverage issue and/or also covers property other than the Premises, then Tenant shall not be required by this Leaseto release the portions of the policy that are irrelevant to the coverage issue or that relate to such other properties if they are not required for Landlord to reasonably assess the coverage issue.
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Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do business licensed in the State of California and with a general policyholders’ ' rating of “"A-” " or better and a financial size ranking of “"Class VIII” " or higher in the most recent edition of Best’s 's Insurance Guide. Each insurance policy shall provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ ' prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The commercial general liability policies (including and any umbrella/excess coverage policies) policies carried by Tenant pursuant to clauses item (i) and (v) of in Paragraph shall 15.a. above shall (ia) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (iib) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, insured and (iiic) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause under item (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each such insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s 's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 1 contract
Samples: Office Lease (Kitara Media Corp.)
Policy Form. Each insurance policy required pursuant All policies referred to Paragraph 15.a. above shall shall: (i) be issued by an insurance company authorized taken out with insurers licensed to do business in the State of California and with a general policyholders’ Florida having an A.M Best's rating of “A-” , Class 9, or better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s Insurance Guide. Each insurance policy shall provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts otherwise approved in advance in writing by Landlord. The liability policies ; (including any umbrella/excess coverage policiesii) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) except for Worker's Compensation Insurance, name Landlord and the property manager, Advantis Real Estate Services Company, including all the other Indemnitees directors, officers, partners, employees, agents, and any other parties designated by Landlord representatives thereof as additional insuredsinsureds as their interests may appear; (iii) be non-contributing with, (ii) provide that no act or omission of Tenant and shall affect or limit the obligations of the insurer with respect apply only as primary and not as excess to any other insured, insurance available to the Landlord or any mortgagee of Landlord; and (iiiiv) provide that contain an obligation of the policy and insurers to notify the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least certified mail not less than thirty (30) days prior to any material change, cancellation, or termination of any such policy. Certificates of insurance on the expiration dates Landlord's standard form or, if required by a mortgagee, copies of expiring policiessuch insurance policies certified by an authorized officer of Tenant's insurer as being complete and current, shall be delivered to the Landlord promptly upon request. If If
(a) the Tenant fails to take out or to keep in force any insurance referred to in this Section 5.1, or should any such insurance not be approved by either the Landlord or any mortgagee, and ( b) the Tenant does not commence and continue to diligently cure such default within forty-eight (48) hours after written notice by the Landlord to Tenant specifying the nature of such default, then the Landlord has the right, without assuming any obligation in connection therewith, to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for sole cost of the Tenant’s account, and all outlays by the cost thereof Landlord shall be paid by the Tenant to the Landlord without prejudice to any other rights or remedies of the Landlord under this Lease. The Tenant shall not keep or use in the Premises any article which may be prohibited by Tenant upon demand. Landlord may at any time, and fire or casualty insurance policy in force from time to time, inspect and/or copy any and all insurance policies required by this Leasetime covering the Premises or the Building.
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Policy Form. Each insurance policy required pursuant to Paragraph 15.a. or 15.b. above shall be issued by an insurance company authorized to do business in the State of California and with a general policyholders’ ' rating of “A-” or better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s 's Insurance Guide. Each Tenant shall provide Landlord with not less than thirty (30) days' prior written notice if an insurance policy shall provide that it may not be obtained by Tenant hereunder is materially changed, cancelled or will be allowed to lapse unless thirty (30) days’ prior written notice to Landlord lapse. Any deductibles shall be in commercially reasonable and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlordcustomary amounts. The liability policies (including and any umbrella/excess coverage policies) policies carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name or automatically add (by blanket additional insured endorsement) Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, insured and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy policies carried by Tenant pursuant to clause under item (ii) of Paragraph Paragraphs 15.a. and 15.b. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each A certificate of each such insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, 15 shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty ten (3010) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, after not less than ten (10) days prior notice and opportunity to cure, procure the same for Tenant’s 's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 1 contract
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do business licensed in the State of California and with a general policyholders’ ' rating of “"A-” " or better and a financial size ranking of “"Class VIII” " or higher in the most recent edition of Best’s 's Insurance Guide. Each insurance policy policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ ' prior written notice to Landlord and any other insureds designated by Landlord is first given. If any given (provided, however, if Tenant's insurance company, as a general policy, will only agree to a different standard with regard to notices required to be given to an additional insured, then that standard of the above policies are subject to deductibles, the deductible amounts notice shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insuredsinstead apply), (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iiiiv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property Each such insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty ten (3010) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificatescertificates and such failure continues for ten (10) days after Tenant's actual receipt of written notice thereof from Landlord, Landlord may, at its option, procure the same for Tenant’s 's account, and the cost thereof shall be paid to Landlord by Tenant upon within thirty (30) days of Landlord's written demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease. Nothing in this Paragraph 15 shall be construed as creating or implying the existence of (i) any ownership by Tenant of any fixtures, additions, Alterations, or improvements in or to the Premises or (ii) any right on Tenant's part to make any addition, Alteration or improvement in or to the Premises.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do d0 business in the State of California and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s Insurance Guide. Each insurance policy Tenant shall provide that it may Landlord with not be materially changed, cancelled or allowed to lapse unless less than thirty (30) days’ prior written notice if an insurance policy obtained by Tenant hereunder is materially changed, cancelled or will be allowed to Landlord and any other insureds designated by Landlord is first givenlapse. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including and any umbrella/excess coverage policies) policies carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, insured and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause under item (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each such insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 1 contract
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do business in the State of California Colorado and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s Insurance Guide. Each insurance policy Tenant shall provide that it may Landlord with not be materially changed, cancelled or allowed to lapse unless less than thirty (30) days’ prior written notice if an insurance policy obtained by Tenant hereunder is materially changed, cancelled or will be allowed to Landlord and any other insureds designated by Landlord is first givenlapse. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including and any umbrella/excess coverage policies) policies carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. 15(a) above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, insured and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause under item (ii) of Paragraph 15.a. 15(a) above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each such insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 1 contract
Samples: Office Lease (2U, Inc.)
Policy Form. Each insurance policy required pursuant to this Paragraph 15.a. above 15 shall be issued by an insurance company authorized to do business licensed in the State of California and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s Insurance Guide, and shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required pursuant to Paragraph 15.a. above, other than Tenant’s workers’ compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse other than for nonpayment unless thirty (30) days’ prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of TenantTenant or any items for which Tenant is required to insure as set forth above, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property Each such insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least within thirty (30) days prior to of the expiration dates of the expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord maymay after five (5) days’ written notice provided to Tenant, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 1 contract
Samples: Office Lease (New Relic Inc)
Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above of Tenant herein shall be issued by an insurance company authorized companies with a current A.M. Best’s Rating of A or better and a Financial Rating of at least VIII, both as rated in the most current “Best’s Rating Guide,” and which are qualified to do business in the State of California California. All such policies, except for the Worker’s Compensation coverage, shall name and with a general policyholders’ rating shall be for the mutual and joint benefit and protection of “A-” or better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s Insurance Guide. Each insurance policy shall provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ prior written notice to Landlord and any other insureds designated by Landlord is first given. If any all entities controlling, controlled by, or under common control with Landlord, together with their respective owners, shareholders, partners, members, divisions, officers, directors, employees, representatives and agents, and all of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlordtheir respective successors and assigns as additional insureds. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) described in Parts C and (v) of Paragraph shall 15.a. E in Section 1 above shall (i) also name Landlord and all the other Indemnitees and any other parties designated by Landlord Landlord’s beneficiary (ies) under a deed of trust as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations loss payees. Certified copies of the insurer with respect to any other insured, and (iii) provide that the policy declaration page and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights following endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord prior to Tenant, its agents or employees entering the Premises for any purpose: (a) an endorsement confirming Landlord’s and its relate parties additional insured status as provided herein, an endorsement evidencing waiver of subrogation as provided by this Exhibit F, and (b) an endorsement confirming that all policies required of Tenant on herein shall be endorsed to read that such policies are primary policies and any insurance carried by Landlord or before Landlord’s property manager shall be noncontributing with such policies. Thereafter, certified copies of the effective date of such policy declaration page and thereafter Tenant all required endorsements for the renewal policies required hereby shall deliver be delivered to Landlord renewal policies or certificates at least within thirty (30) days prior to the expiration dates of expiring policiesthe term of each policy. If Tenant fails to procure such insurance or to deliver such policies or certificatesAlternatively, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid may require certificates evidencing such insurance. All policies of insurance delivered to Landlord must contain a provision that the company writing the policy will give to Landlord thirty (30) days’ prior Notice of any cancellation or lapse or the effective date of any reduction in the amounts of insurance. No policy required to be maintained by Tenant upon demandshall have a deductible greater than Twenty-Five Thousand Dollars ($25,000.00) unless approved in writing by Landlord. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.EXHIBIT F-1-
Appears in 1 contract
Samples: Retail Lease (Yoshiharu Global Co.)
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do business in the State of California and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s Insurance Guide. Each insurance policy Tenant shall provide that it may Landlord with not be materially changed, cancelled or allowed to lapse unless thirty less than ten (3010) days’ prior written notice if an insurance policy obtained by Tenant hereunder is materially changed, cancelled or will be allowed to Landlord and any other insureds designated by Landlord is first givenlapse. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including and any umbrella/excess coverage policies) policies carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, insured and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause under item (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each A certificate of each such insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, 15 shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty ten (3010) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 1 contract
Samples: Office Lease (Zscaler, Inc.)
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do business licensed in the State of California and with a general policyholders’ ' rating of “A-” "A+" or better and a financial size ranking of “"Class VIII” " or higher in the most recent edition of Best’s 's Insurance Guide. Each insurance policy policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ ' prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iiiiv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property Each such insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, and such failure shall continue for three (3) Business Days after notice thereof from Landlord to Tenant, Landlord may, at its option, procure the same for Tenant’s 's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 1 contract
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do business in the State of California and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class be rated by AM Best not lower than A- VIII” or higher in the most recent edition of Best’s Insurance Guide. Each insurance policy Tenant shall provide that it may Landlord with not be materially changed, cancelled or allowed to lapse unless less than thirty (30) days’ prior written notice if an insurance policy obtained by Tenant hereunder is materially changed, cancelled or will be allowed to Landlord lapse, and any other insureds designated by Landlord is first givennot less than ten (10) days’ prior written notice for such event if due to non-payment of premium. If any of the above policies are subject to deductibles, the deductible amounts deductibles then such deductibles shall not exceed amounts approved in advance in writing by Landlordbe commercially reasonable. The liability policies (including and any umbrella/excess coverage policies) policies carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, insureds and (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, primary and that any coverage carried by Landlord shall be noncontributory with respect to policies polices carried by TenantLandlord and provide a severability of interests clause. The property insurance policy carried by Tenant pursuant to clause under item (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect affect the provisions of Paragraph 16 below. Each A certificate evidencing each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, 15 shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty five (305) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificatescertificates and such failure continues for ten (10) Business Days after written notice from Landlord, then Landlord may, at its option, procure the same for Tenant’s account, and the Xxxxxxxx’s reasonable out-of-pocket cost thereof shall be paid to Landlord by Tenant upon within thirty (30) days of Landlord’s written demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 1 contract
Samples: Office Lease (e.l.f. Beauty, Inc.)
Policy Form. Each 5.2.1 Tenant shall obtain all policies of insurance policy required pursuant to Paragraph 15.a. above shall be issued by Section 5.1 from insurance companies having an insurance company authorized A.M. Best rating of A- or better which are qualified to do business in the State of California and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIII” or higher jurisdiction where the Premises are situated. All such policies shall be issued in the most recent edition names of BestLandlord, Xxxxxxx Xxxxxx Xxxxxx, Xxxxxx Xxxxx and Tenant, and if requested by Landlord, any mortgagee or beneficiary of Landlord, as additional insureds. In addition, all such policies providing coverage for physical damage include loss payee and mortgagee endorsement in favor of Landlord and Landlord’s Insurance Guidemortgagee or beneficiary, respectively and as applicable. Each The Tenant shall cause copies of such policies of insurance or originally executed certificates thereof to be delivered to Landlord prior to Landlord’s execution of this Lease, and not less than 30 days prior to any renewal thereof. As often as any such policy shall expire or terminate, Tenant shall procure and maintain renewal or additional policies with like terms. None of such policies shall contain any co-insurance requirements and all such policies shall provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ prior for written notice to Landlord and any other insureds designated by mortgagee or beneficiary of Landlord is first given. If not less than 10 days prior to any modification, cancellation, lapse, or reduction in the amounts of insurance, and shall further provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of Landlord or Tenant which might, absent such provision, result in a forfeiture of all or part of the payment of such loss. All general liability, property damage, and other casualty policies shall be written on an occurrence basis as primary policies, not contributing with or in excess of coverage which Landlord may carry.
5.2.2 Tenant’s obligations to carry the insurance provided for above may be brought within the coverage of an “umbrella” policy or policies are subject to deductiblesof insurance carried and maintained by Tenant; provided, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability however, that such policy or policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insuredshave limits of not less than $25,000,000, (ii) provide that no act name Landlord and any mortgagee or omission beneficiary of Tenant shall affect or limit the obligations of the insurer with respect to any other insuredLandlord as additional insureds as their interests may appear, and (iii) provide that the policy and the coverage provided shall afforded Landlord will not be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord reduced or the other Indemnitees diminished by reason of acts or omissions the use of Tenantsuch blanket policies. Tenant agrees to permit Landlord at all reasonable times to inspect any policies of insurance of Tenant which Tenant has not delivered to Landlord.
5.2.3 Landlord and Tenant agree that the insurance coverage required herein above are satisfactory at the inception of this Lease. Landlord and Tenant understand that the insurance requirements may reasonably change periodically during the Lease Term and, in the event of such changes, the minimum requirements of types of insurance, amounts of insurance and that risks covered shall change. If at any coverage carried by time the Landlord and Tenant do not agree on such reasonably changed insurance requirements, then such dispute shall be noncontributory referred to a mutually agreeable independent insurance consultant for a final decision. If the parties cannot mutually agree on an independent insurance consultant, an independent insurance consultant shall be selected by lot with respect to policies carried by Tenantthe Landlord suggesting one independent consultant and the Tenant selecting the other independent consultant. The property decision of the independent insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, consultant so selected shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Leasefinal.
Appears in 1 contract
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do business licensed in the State Commonwealth of California Massachusetts and with a general policyholders’ ' rating of “A-” "A" or better and a financial size ranking of “"Class VIII” " or higher in the most recent edition of Best’s 's Insurance Guide. Each insurance policy policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ ' prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iiiiv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions Omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property Each such insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificatescertificates as required by the preceding sentence, Landlord may, at its option, procure the same for Tenant’s 's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, upon reasonable prior notice to Tenant, inspect and/or copy any and all insurance Insurance policies required by this Lease.
Appears in 1 contract
Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company authorized to do business in the State of California and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class be rated by AM Best not lower than A-VIII” or higher in the most recent edition of Best’s Insurance Guide. Each insurance policy Tenant shall provide that it may Landlord with not be materially changed, cancelled or allowed to lapse unless less than thirty (30) days’ prior written notice if an insurance policy obtained by Tenant hereunder is materially changed, cancelled or will be allowed to Landlord lapse, and any other insureds designated by Landlord is first givennot less than ten (10) days’ prior written notice for such event if due to non-payment of premium. If any of the above policies are subject to deductiblesdeductibles in excess of $15,000.00, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including and any umbrella/excess coverage policies) policies carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, insureds and (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, primary and that any coverage carried by Landlord shall be noncontributory with respect to policies polices carried by TenantLandlord and provide a severability of interests clause. The property insurance policy carried by Tenant pursuant to clause under item (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect affect the provisions of Paragraph 16 below. Each such insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty five (305) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.
Appears in 1 contract
Samples: Industrial Lease (Scilex Holding Co)
Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company authorized companies with general policyholders’ rating of not less than “A” Class VI as rated in the most current available “Best’s Insurance Reports” and licensed to do business in the State of California Florida and with a in good financial standing, and general policyholders’ rating of “A-” or better liability and a financial size ranking of “Class VIII” or higher umbrella liability policies shall be issued in the most recent edition names of Best’s Insurance GuideLandlord, Tenant and other such persons or firms as Landlord specifies from time to time. Each Such policies shall be for the mutual and joint benefit and protection of Landlord, Tenant and others specified in this Lease, and certificates of insurance enumerating the above coverages and naming Landlord as an additional insured shall be delivered to the Landlord within fifteen (15) days after delivery of possession of the Leased Premises to Tenant and thereafter within fifteen (15) days prior to the expiration of the term of each such policy. As often as any such policy shall provide expire or terminate, renewal or additional policies shall be procured and maintained by the Tenant in like manner and amounts and to like extent. All certificates delivered to the Landlord must contain a provision that it may not be materially changed, cancelled or allowed Tenant’s Insurer will endeavor to lapse unless give thirty (30) days’ prior notice in writing in advance of any cancellation or lapse or any material change in coverage. All public liability, property damage and other casualty policies shall be written notice as primary policies, not contributing with and not as excess coverage to that which the Landlord and any other insureds designated by Landlord is first givenmay carry. If any The minimum limits of the liability policies of insurance set forth in subparagraphs 19(b)(i)-(iii) above policies are shall be subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may reasonable increase at any time, and from time to time, inspect and/or copy any and all insurance policies time provided the total coverages required to be maintained by Tenant are either required by this Leaseits mortgagee or are not substantially greater than the limits generally required to be maintained by tenants occupying similar space for comparable uses in the City of Jacksonville, Florida within thirty (30) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant agrees, at its own expense, to comply with all rules and regulations of the Fire Insurance Rating Organization having jurisdiction of the Leased Premises and to comply with all requirements imposed by Landlord’s insurance carrier, if any. If gas is used in the Leased Premises, Tenant shall install, at its expense, both manual and automatic gas cutoff devices.
Appears in 1 contract
Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company authorized companies qualified to do business in the State of California and with reasonably acceptable to Landlord. Each such insurance company shall have a general policyholders’ rating of “A-” or better and a financial size ranking of “at least A, Class VIII” or higher IX in the most recent edition of Best’s Insurance Key Rating Guide. Each Executed copies of such policies of insurance policy as Tenant is required to carry hereunder, or certificates thereof, shall provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days’ prior written notice delivered to Landlord at least ten (10) days prior to Tenant’s first entry into the Premises, even if such entry is only for the purpose of installing Tenant’s fixtures and any other insureds designated by Landlord is first given. If any equipment and does not constitute acceptance of delivery of possession of the above Premises. All public liability and property damage insurance policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) provide that the policy and the coverage provided shall be primary, contain a provision that Landlord, although named as an additional insured, shall nevertheless be entitled to recovery under such policy said policies for any damage loss occasioned to Landlord or the other Indemnitees it, its servants, agents and employees by reason of acts the negligence of the Tenant. As often as any such policy shall expire or omissions of Tenantterminate, and that any coverage carried by Landlord renewal or additional policies shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried procured and maintained by Tenant pursuant in like manner and to clause (ii) like extent. All policies of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof, shall be delivered to Landlord by Tenant on must contain a provision that the company writing said policy will give to Landlord thirty (30) days’ notice in writing in advance of any modification, cancellation or before lapse or the effective date of any reduction in the amounts of insurance. All public liability, property damage, and other casualty policies shall be written as primary policies, and shall be neither excess coverage policies nor contributing with coverage carried by landlord. The limits of such insurance shall not limit the liability of Tenant. Notwithstanding anything to the contrary contained within this Section, either party’s obligation to carry the insurance provided for herein may be brought within the coverage of a so called blanket policy or policies of insurance carried and thereafter maintained by them; provided, however, that Landlord and Landlord’s lender shall be named as additional insureds thereunder as their interests may appear and that the coverage afforded Landlord and Landlord’s lender will not be reduced or diminished by reason of the use of such blanket policy of insurance, and provided further that the requirements set forth herein are otherwise satisfied. Txxxxx agrees to permit Landlord at all reasonable times to inspect the policies of insurance of Tenant covering risks upon the Premises for which policies or copies thereof are not required to be delivered to Landlord. Not more frequently than every two (2) years, if, in the opinion of Lxxxxxxx’s lender or of the insurance analyst retained by Landlord, the amount of bodily injury and property damage liability insurance coverage at that time is not adequate, Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to increase the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies coverage as required by this Leaseeither Lxxxxxxx’s lender or Landlord’s insurance analyst.
Appears in 1 contract