Common use of Policy Requirements Clause in Contracts

Policy Requirements. Every policy of insurance from time to time required under this Lease or any of the other Lease Documents (other than worker's compensation) shall name the Lessor as owner, loss payee, secured party (to the extent applicable) and additional named insured as its interests may appear. If an insurance policy covers properties other than the Leased Property, then the Lessor shall be so named with respect only to the Leased Property. Each such policy, where applicable or appropriate, shall: (a) include an agreed amount endorsement and loss payee, additional named insured and secured party endorsements, in forms acceptable to the Lessor in its sole and absolute discretion; (b) include mortgagee, secured party, loss payable and additional named insured endorsements reasonably acceptable to each Fee Mortgagee; (c) provide that the coverages may not be canceled or materially modified except upon thirty (30) days' prior written notice to the Lessor and any Fee Mortgagee; (d) be payable to the Lessor and any Fee Mortgagee notwithstanding any defense or claim that the insurer may have to the payment of the same against any other Person holding any other interest in the Leased Property; (e) be endorsed with standard noncontributory clauses in favor of and in form reasonably acceptable to the Lessor and any Fee Mortgagee; (f) expressly waive any right of subrogation on the part of the insurer against the Lessor, any Fee Mortgagee or the Leasing Group; and (g) otherwise be in such forms as shall be reasonably acceptable to the Lessor.

Appears in 3 contracts

Samples: Development Agreement (Standish Care Co), Development and Turnkey Services Agreement (Standish Care Co), Facility Lease Agreement (Arv Assisted Living Inc)

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Policy Requirements. Every policy of insurance from time to time required under this Lease or any of the other Lease Documents (other than worker's compensation) shall name the Lessor as owner, loss payee, secured party (to the extent applicable) and additional named insured as its interests may appear. If an insurance policy covers properties other than the Leased Property, then the Lessor shall be so named with respect only to the Leased Property. Each such policy, where applicable or appropriate, shall: (a) include an agreed amount endorsement and loss payee, additional named insured and secured party endorsements, in forms acceptable to the Lessor in its sole and absolute reasonable discretion; (b) include mortgagee, secured party, loss payable and additional named insured endorsements reasonably acceptable to each Fee Mortgagee; (c) provide that the coverages may not be canceled cancelled or materially modified except upon thirty (30) days' prior written notice to the Lessor and any Fee Mortgagee; (d) be payable to the Lessor and any Fee Mortgagee notwithstanding any defense or claim that the insurer may have to the payment of the same against any other Person holding any other interest in the Leased Property; (e) be endorsed with standard noncontributory clauses in favor of and in form reasonably acceptable to the Lessor and any Fee Mortgagee; (f) expressly waive any right of subrogation on the part of the insurer against the Lessor, any Fee Mortgagee or the Leasing Group; and (g) otherwise be in such forms as shall be reasonably acceptable to the Lessor.

Appears in 3 contracts

Samples: Facility Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\), Facility Lease Agreement (Emeritus Corp\wa\)

Policy Requirements. Every policy of insurance from time to time required under this Lease or any of the other Lease Documents (other than worker's compensation) shall name the Lessor as owner, loss payee, secured party (to the extent applicable) and an additional named insured as its interests may appear. To the extent appropriate, the same policies may be used to insure the Lessee's various interests in the Leased Property and to provide liability coverage to the Lessee as long as combining the interests of the Lessor and the Lessee in a single policy in no way impairs or diminishes the Lessor's rights in such policies. If an insurance policy covers properties other than the Leased Property, then the Lessor shall be so named with respect only to the Leased Property. Each such policy, where applicable or appropriate, shall: (aA) include an agreed amount endorsement and loss payee, additional named insured and secured party endorsements, in forms acceptable to the Lessor in its sole and absolute discretion; (bB) include mortgagee, secured party, loss payable and additional named insured endorsements reasonably acceptable to each Fee Mortgagee;; provided, however, that the cost of any additional insurance required by any Fee Mortgagee shall be borne by the Lessor. (cC) provide that the coverages may not be canceled or materially modified except upon thirty (30) days' prior written notice to the Lessor and any Fee Mortgagee; (dD) be payable to the Lessor and any Fee Mortgagee notwithstanding any defense or claim that the insurer may have to the payment of the same against any other Person holding any other interest in the Leased Property; (eE) be endorsed with standard noncontributory clauses in favor of and in form reasonably acceptable to the Lessor and any Fee Mortgagee;; provided, however, that the cost of any additional insurance required by any Fee Mortgagee shall be borne by the Lessor. (fF) expressly waive any right of subrogation on the part of the insurer against the Lessor, any Fee Mortgagee or the Leasing Group; and (gG) otherwise be in such forms as shall be reasonably acceptable to the Lessor.

Appears in 2 contracts

Samples: Facility Lease Agreement (Alternative Living Services Inc), Facility Lease Agreement (Alternative Living Services Inc)

Policy Requirements. Every policy of insurance from time to time required under this Lease or any of the other Lease Documents (other than worker's compensation) shall name the Lessor as owner, loss payee, secured se d party (to the extent applicable) and additional named insured as its interests may appear. If an insurance policy covers properties other than the Leased Property, then the Lessor shall be so named with respect only to the Leased Property. Each such policy, where applicable or appropriate, shallhall: (a) include an agreed amount endorsement and loss payee, additional named insured and secured party endorsements, in forms acceptable to the Lessor in its sole and absolute discretion; (b) include mortgagee, secured party, loss payable and additional named insured endorsements reasonably acceptable to each Fee Mortgagee; (c) provide that the coverages may not be canceled cancelled, reduced or materially modified in any manner which might adversely affect Lessor except upon thirty (30) days' prior written notice to the Lessor and any Fee Mortgagee; (d) be payable to the Lessor and any Fee Mortgagee notwithstanding any defense or claim that the insurer may have to the payment of the same against any other Person holding any other interest in the Leased Property; (e) be endorsed with standard noncontributory clauses in favor of and in form reasonably acceptable to the Lessor and any Fee Mortgagee; (f) expressly waive any right of subrogation on the part of the insurer against the Lessor, any Fee Mortgagee or the Leasing Group; and (g) otherwise be in such forms as shall be reasonably acceptable to the Lessor.

Appears in 1 contract

Samples: Facility Lease Agreement (Alterra Healthcare Corp)

Policy Requirements. Every policy of insurance from time to time required under this Lease or any of the other Lease Documents (other than worker's compensation) shall name the Lessor as owner, loss payee, secured party (to the extent applicable) and an additional named insured as its interests may appear. To the extent appropriate, the same policies may be used to insure the Lessee's various interests in the Leased Property and to provide liability coverage to the Lessee as long as combining the interests of the Lessor and the Lessee in a single policy in no way impairs or diminishes the Lessor's rights in such policies. If an insurance policy covers properties other than the Leased Property, then the Lessor shall be so named with respect only to the Leased Property. Each such policy, where applicable or appropriate, shall: (aA) include an agreed amount endorsement and loss payee, additional named insured and secured party endorsements, in forms acceptable to the Lessor in its sole and absolute discretion; (bB) include mortgagee, secured party, loss payable and additional named insured endorsements reasonably acceptable to each Fee Mortgagee;; provided, however, that the cost of any additional insurance required by any Fee Mortgagee shall be borne by the Lessor. (cC) provide that the coverages may not be canceled cancelled or materially modified except upon thirty (30) days' prior written notice to the Lessor and any Fee Mortgagee; (dD) be payable to the Lessor and any Fee Mortgagee notwithstanding any defense or claim that the insurer may have to the payment of the same against any other Person holding any other interest in the Leased Property; (eE) be endorsed with standard noncontributory clauses in favor of and in form reasonably acceptable to the Lessor and any Fee Mortgagee;; provided, however, that the cost of any additional insurance required by any Fee Mortgagee shall be borne by the Lessor. (fF) expressly waive any right of subrogation on the part of the insurer against the Lessor, any Fee Mortgagee or the Leasing Group; and (gG) otherwise be in such forms as shall be reasonably acceptable to the Lessor.

Appears in 1 contract

Samples: Facility Lease Agreement (Alternative Living Services Inc)

Policy Requirements. Every policy of insurance from time to time required under this Lease or any of the other Lease Documents (other than worker's compensation) shall name the Lessor as owner, loss payee, secured party (to the extent applicable) and additional named insured as its interests may appear. If an insurance policy covers properties other than the Leased Property, then the Lessor shall be so named with respect only to the Leased Property. Each such policy, where applicable or appropriate, shall: (a) include an agreed amount endorsement and loss payee, additional named insured and secured party endorsements, in forms acceptable to the Lessor in its sole and absolute reasonable discretion; ; (b) include mortgagee, secured party, loss payable and additional named insured endorsements reasonably acceptable to each Fee Mortgagee; ; (c) provide that the coverages may not be canceled cancelled or materially modified except upon thirty (30) days' prior written notice to the Lessor and any Fee Mortgagee; ; (d) be payable to the Lessor and any Fee Mortgagee notwithstanding any defense or claim that the insurer may have to the payment of the same against any other Person holding any other interest in the Leased Property; ; (e) be endorsed with standard noncontributory clauses in favor of and in form reasonably acceptable to the Lessor and any Fee Mortgagee; ; (f) expressly waive any right of subrogation on the part of the insurer against the Lessor, any Fee Mortgagee or the Leasing Group; and and (g) otherwise be in such forms as shall be reasonably acceptable to the Lessor.

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

Policy Requirements. Every policy All insurance policies shall (i) be issued by financially sound and reputable insurance companies, (ii) include “Xxxxx Fargo Gaming Capital, LLC, as Collateral Agent, its successors and/or assigns as their interest may appear” as additional insureds on all liability insurance and as mortgagee and loss payee on property and flood insurance (as applicable), (iii) be endorsed to show that the Borrower’s insurance shall be primary and all insurance, if any, carried by the Collateral Agent or Lenders is strictly excess and secondary, (iv) provide that it shall not be canceled (x) by reason of insurance from time nonpayment of premium upon not less than 10 days’ prior written notice thereof by the insurer to time required under this Lease the Collateral Agent (giving the Collateral Agent the right to cure defaults in the payment of premiums) or (y) for any other reason upon not less than 30 days’ prior written notice thereof by the insurer to the Collateral Agent (the Borrower shall deliver a copy of the other Lease Documents policy (other than worker's compensation) shall name the Lessor as owner, loss payee, secured party (and to the extent applicableany such policy is cancelled or renewed, a renewal or replacement policy) or other evidence thereof to the Collateral Agent, or insurance certificate with respect thereto) (v) be evidenced by a certificate of insurance to be provided to the Collateral Agent, and additional named insured as its interests (vi) include either policy or binder numbers on the XXXXX form (which form Collateral Agent may appearrely on). If an It is agreed and understood that all policies required by the Loan Documents including this Section 9.2, shall be subject to commercially reasonable deductibles and/or retentions for businesses of similar size and quality. It is further agreed and understood that all insurance policy covers properties coverage required by the Loan Documents including this Section 9.2, other than required flood insurance, may be effected under blanket policies covering the Leased Property, then the Lessor shall be so named with respect only to the Leased Property. Each such policy, where applicable or appropriate, shall: (a) include an agreed amount endorsement Collateral and loss payee, additional named insured other property and secured party endorsements, in forms acceptable to the Lessor in its sole and absolute discretion; (b) include mortgagee, secured party, loss payable and additional named insured endorsements reasonably acceptable to each Fee Mortgagee; (c) provide that the coverages may not be canceled or materially modified except upon thirty (30) days' prior written notice to the Lessor and any Fee Mortgagee; (d) be payable to the Lessor and any Fee Mortgagee notwithstanding any defense or claim that the insurer may have to the payment assets of the same against any other Person holding any other interest in the Leased Property; (e) be endorsed with standard noncontributory clauses in favor of and in form reasonably acceptable to the Lessor and any Fee Mortgagee; (f) expressly waive any right of subrogation on the Loan Parties not part of the insurer against the Lessor, any Fee Mortgagee or the Leasing Group; and (g) otherwise be in such forms as shall be reasonably acceptable to the LessorCollateral.

Appears in 1 contract

Samples: Ff&e Loan Agreement (Caesars Acquisition Co)

Policy Requirements. Every policy of insurance from time to time required under this Lease or any of the other Lease Documents (other than worker's compensation) shall name the Lessor Xxxxxx as owner, loss payee, secured party (to the extent applicable) and additional named insured as its interests may appear. If an insurance policy covers properties other than the Leased Property, then the Lessor shall be so named with respect only to the Leased Property. Each such policy, where applicable or appropriate, shall: (a) include an agreed amount endorsement and loss payee, additional named insured and secured party endorsements, in forms acceptable to the Lessor in its sole and absolute reasonable discretion;; 62 (b) include mortgagee, secured party, loss payable and additional named insured endorsements reasonably acceptable to each Fee Mortgagee; (c) provide that the coverages may not be canceled cancelled or materially modified except upon thirty (30) days' prior written notice to the Lessor and any Fee Mortgagee; (d) be payable to the Lessor and any Fee Mortgagee notwithstanding any defense or claim that the insurer may have to the payment of the same against any other Person holding any other interest in the Leased Property; (e) be endorsed with standard noncontributory clauses in favor of and in form reasonably acceptable to the Lessor and any Fee Mortgagee; (f) expressly waive any right of subrogation on the part of the insurer against the Lessor, any Fee Mortgagee or the Leasing Group; and (g) otherwise be in such forms as shall be reasonably acceptable to the Lessor.

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

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Policy Requirements. Every policy of insurance from time to time required under this Lease or any of the other Lease Documents (other than worker's compensation) shall name the Lessor as owner, loss payee, secured party (to the extent applicable) and additional named insured as its interests may appear. If an insurance policy covers properties other than the Leased Property, then the Lessor shall be so named with respect only to the Leased Property. Each such policy, where applicable or appropriate, shall: (a) include an agreed amount endorsement and loss payee, additional named insured and secured party endorsements, in forms acceptable to the Lessor in its sole and absolute discretion; (b) include mortgagee, secured party, loss payable and additional named insured endorsements reasonably acceptable to each Fee Mortgagee; (c) provide that the coverages may not be canceled or materially modified except upon thirty (30) days' prior written notice to the Lessor and any Fee Mortgagee; (d) be payable to the Lessor and any Fee Mortgagee notwithstanding any defense or claim that the insurer may have to the payment of the same against any other Person holding any other interest in the Leased Property; (e) be endorsed with standard noncontributory clauses in favor of and in form reasonably acceptable to the Lessor and any Fee Mortgagee; (f) expressly waive any right of subrogation on the part of the insurer against the Lessor, any Fee Mortgagee or the Leasing Group; and (g) otherwise be in such forms as shall be reasonably acceptable to the Lessor.

Appears in 1 contract

Samples: Facility Lease Agreement (Carematrix Corp)

Policy Requirements. Every policy of insurance from time to time required under this Lease or any of the other Lease Documents (other than worker's compensation) shall name the Lessor as owner, loss payee, secured party (to the extent applicable) and additional named insured as its interests may appear. If an insurance policy covers properties other than the Leased Property, then the Lessor shall be so named with respect only to the Leased Property. Each such policy, where applicable or appropriate, shall: (a) include an agreed amount endorsement and loss payee, additional named insured and secured party endorsements, in forms acceptable to the Lessor in its sole and absolute discretion; (b) include mortgagee, secured party, loss payable and additional named insured endorsements reasonably acceptable to each Fee Mortgagee; (c) provide that the coverages may not be canceled cancelled or materially modified except upon thirty (30) days' prior written notice to the Lessor and any Fee Mortgagee; (d) be payable to the Lessor and any Fee Mortgagee notwithstanding any defense or claim that the insurer may have to the payment of the same against any other Person holding any other interest in the Leased Property; (e) be endorsed with standard noncontributory clauses in favor of and in form reasonably acceptable to the Lessor and any Fee Mortgagee; (f) expressly waive any right of subrogation on the part of the insurer against the Lessor, any Fee Mortgagee or the Leasing Group; and (g) otherwise be in such forms as shall be reasonably acceptable to the Lessor.

Appears in 1 contract

Samples: Facility Lease Agreement (Balanced Care Corp)

Policy Requirements. Every policy of insurance from time to time required under this Lease or any of the other Lease Documents (other than worker's compensation) shall name the Lessor as owner, loss payee, secured party (to the extent applicable) and additional named insured as its interests may appear. If an I fan insurance policy covers properties other than the Leased Property, then the Lessor shall be so named with respect only to the Leased Property. Each such policy, where applicable or appropriate, shall: : (a) include an agreed amount endorsement and loss payee, additional named insured and secured party endorsements, in forms acceptable to the Lessor in its sole and absolute reasonable discretion; ; (b) include mortgagee, secured party, loss payable and additional named insured endorsements reasonably acceptable to each Fee Mortgagee; ; (c) provide that the coverages coverage may not be canceled or materially modified except upon thirty (30) days' prior written notice to the Lessor and any Fee Mortgagee; ; (d) be payable to the Lessor and any Fee Mortgagee notwithstanding any defense or claim that the insurer may have to the payment of the same against any other Person holding any other interest in the Leased Property; ; (e) be endorsed with standard noncontributory clauses in favor of and in form reasonably acceptable to the Lessor and any Fee Mortgagee; (f) ; expressly waive any right of subrogation on the part of the insurer against the Lessor, any Fee Mortgagee or the Leasing Group; and and (g) otherwise be in such forms as shall be reasonably acceptable to the Lessor.. 69

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

Policy Requirements. Every The party obligated to obtain and maintain any insurance policy hereunder shall deliver an original certificate of insurance from time (on Xxxxx Form 27 or its equivalent in the case of casualty and on insurance company letterhead in the case of liability or in a form otherwise acceptable to time Landlord) evidencing such insurance to the other party prior to the Commencement Date, and thereafter, at least thirty (30) days prior to the expiration of any such coverage or policy. All insurance required under this Lease to be maintained by Tenant hereunder shall be written by insurance companies: (i) rated A-/X or better in “Best’s Insurance Guide” (or any of the other Lease Documents (other than worker's compensation) shall name the Lessor as owner, loss payee, secured party (to the extent applicable) and additional named insured as its interests may appear. If an insurance policy covers properties other than the Leased Property, then the Lessor shall be so named with respect only to the Leased Property. Each such policy, where applicable or appropriate, shall: (a) include an agreed amount endorsement and loss payee, additional named insured and secured party endorsements, in forms substitute guide acceptable to Landlord); (ii) authorized to do business in the Lessor in its sole State of Nevada; and absolute discretion; (biii) include mortgagee, secured party, loss payable of recognized responsibility and additional named insured endorsements reasonably acceptable which are satisfactory to each Fee Mortgagee; Landlord. Any deductible amounts under Tenant’s business interruption coverage may not exceed two (c2) days income. All certificates for Tenant’s General Liability Insurance shall expressly provide that the coverages may not coverage evidenced thereby shall be canceled primary and that any policies carried by Prime Landlord or materially modified except upon Landlord shall be excess and noncontributory with Tenant’s primary insurance. All insurance policies described in this Article VII shall be endorsed to provide Prime Landlord, Landlord and Tenant, as applicable, and in any case, Mortgagee, with thirty (30) days' prior ’ notice of cancellation or change in terms. If either party shall fail to procure the insurance required to be maintained by it under this Article VII in a timely fashion or to deliver such certificates to the other party, the other party may, at its option upon written notice to the Lessor and any Fee Mortgagee; (d) be payable to obligated party, procure the Lessor and any Fee Mortgagee notwithstanding any defense or claim that same for the insurer may have to the payment account of the same against any other Person holding any other interest in obligated party. If Tenant is the Leased Property; obligated party, Tenant shall pay Landlord the cost thereof as Additional Rent. If Landlord is the obligated Party, and Landlord does not reimburse Tenant the cost thereof within thirty (e30) be endorsed with standard noncontributory clauses in favor days after written demand by Tenant to Landlord, Tenant shall have the right to offset and deduct the cost thereof from its next installment(s) of and in form reasonably acceptable to the Lessor and any Fee Mortgagee; (f) expressly waive any right of subrogation on the part of the insurer against the Lessor, any Fee Mortgagee or the Leasing Group; and (g) otherwise be in such forms as shall be reasonably acceptable to the LessorBase Rent.

Appears in 1 contract

Samples: Casino Sublease Agreement (OCM HoldCo, LLC)

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