Policy Requirements. The policies of insurance required to be maintained by Tenant pursuant to Section 14.1 must be reasonably satisfactory to Landlord and must be written as primary policy coverage and not contributing with, or in excess of, any coverage carried by Landlord. All policies must name as the insured parties (except for workers’ compensation insurance and business interruption insurance) Landlord, Lender, any parties named by Landlord, in writing, as having an interest in the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation insurance) must (i) provide that thirty (30) days’ prior written notice of suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage will be given to Landlord and that such insurance will not be invalidated by (x) any act or neglect of Landlord or Tenant or any owner of the Property, (y) any change in the title or ownership of the Property, or (z) occupation of the Premises for purposes more hazardous than are permitted by such policy, and (ii) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a contractual liability endorsement evidencing coverage of Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 hereof. Tenant shall not self-insure for any insurance coverage required to be carried by Tenant under this Lease. The deductible for any insurance policy required hereunder must not exceed $10,000. Tenant will have the right to provide the insurance coverage required under this Lease through a blanket policy, provided such blanket policy expressly affords coverage to the Premises and to Landlord as required by this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Roka BioScience, Inc.), Lease Agreement (Roka BioScience, Inc.)
Policy Requirements. The policies of insurance required to be maintained by Tenant pursuant to this Section 14.1 14 must be reasonably satisfactory to Landlord and must be written as primary policy coverage and not contributing with, or in excess of, any coverage carried by Landlord. All policies must name Tenant as the named insured parties party (except for workers’ compensation insurance it is understood and business interruption insuranceagreed that Tenant’s parent company may be first named insured on various policies, but that coverage extends to the interest of Tenant) Landlord, Lender, any parties named by Landlord, in writing, as having an interest in the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation and property insurance) must (i) all policies shall name as additional insureds for on-going and completed operations, Landlord, Normandy Real Estate Partners, LLC, Normandy Real Estate Management Co., LLC, the Mortgagees under any Mortgage defined below, and all of their respective affiliates, members, officers, employees, agents and representatives, managing agents, and other designees of Landlord and its successors as the interest of such designees shall appear. In addition Tenant agrees and shall provide that thirty (30) days’ prior written notice of suspension, cancellation, termination, modification, or non-renewal or lapse or material change of coverage will be given to Landlord and that such insurance will not be invalidated by (x) any act or neglect of Landlord or Tenant or any owner of the Property, (y) any change in the title or ownership of the Property, or (z) occupation of the Premises for purposes more hazardous than are permitted by such policy, and (ii) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a contractual liability endorsement evidencing coverage of Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 hereofLandlord. Tenant shall not self-insure for any insurance coverage required to be carried by Tenant under this Lease. The deductible for any insurance policy required hereunder must not exceed $10,00010,000.00. Tenant will shall have the right to provide the insurance coverage required under this Lease through a blanket policy, provided such blanket policy expressly affords coverage to the Premises and to Landlord as required by this Lease.
Appears in 2 contracts
Samples: Office Lease Agreement (Oxford Immunotec Global PLC), Office Lease Agreement (Oxford Immunotec Global PLC)
Policy Requirements. The policies of (a) All insurance required to be maintained carried hereunder shall be issued by Tenant pursuant responsible insurance companies, qualified to Section 14.1 must do business in the State of California, approved by Landlord and, if required, by any Landlord's mortgagee. Certificates of all Tenant's policies shall be reasonably satisfactory delivered to Landlord and must be written as primary policy coverage and not contributing with, or in excess of, any coverage carried by Landlord. All policies must name as the insured parties at least ten (except for workers’ compensation insurance and business interruption insurance10) Landlord, Lender, any parties named by Landlord, in writing, as having an interest in days prior to Tenant's occupancy of the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation insurance) must (i) Each policy shall provide that it may not be canceled or modified except after thirty (30) days’ ' prior written notice of suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage will be given to Landlord and that such insurance will not be invalidated by (x) any act Landlord's mortgagee named as an additional insured or neglect of Landlord or Tenant or any owner of the Property, (y) any change in the title or ownership of the Property, or (z) occupation of the Premises for purposes more hazardous than are permitted by such policy, and (ii) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a contractual liability endorsement evidencing coverage of Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 hereofpayee thereunder. Tenant shall not self-insure for any insurance coverage required furnish Landlord with renewals or "binders" of each Tenant's policy, together with evidence of payment of the premium therefor, at least thirty (30) days prior to be carried by Tenant under this Lease. The deductible for any insurance policy required hereunder must not exceed $10,000expiration. Tenant will shall have the right to provide the insurance coverage required under this Lease through a pursuant to blanket policy, provided such policies obtained by Tenant if the blanket policy policies expressly affords afford coverage to the Premises and to Landlord as required 18 by this Lease. Each policy provided by Landlord shall provide that all losses shall be settled in the name of Landlord (or, if required, Landlord's mortgagee) only.
(b) Landlord and, if required, Landlord's Mortgagee shall be named as additional insureds in each insurance policy and, if requested by Landlord, they also shall be named as loss payees. The Tenant's Comprehensive General Liability Insurance shall: apply severally to Landlord, Landlord's Mortgagee and Tenant; cover each of them as if separate policies had been issued to each of them; not contain provisions affecting any rights which any of them would have had as claimants if not named as insureds; be primary insurance and not considered contributory, with any other valid and collectible insurance available to Landlord and Landlord's Mortgagee constituting excess insurance; and be endorsed as necessary to cover the foregoing requirements.
Appears in 1 contract
Samples: Office Building Lease (Santarus Inc)
Policy Requirements. The policies of (a) All insurance required to be maintained by Tenant pursuant to Section 14.1 must be reasonably satisfactory to Landlord and must be written as primary policy coverage and not contributing with, or in excess of, any coverage carried by Landlord. All policies must name as the insured parties (except for workers’ compensation insurance and business interruption insurance) Landlord, Lender, any parties named by Landlord, in writing, as having an interest in the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation insurance) must (i) provide that thirty (30) days’ prior written notice of suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage will be given to Landlord and that such insurance will not be invalidated by (x) any act or neglect of Landlord or Tenant or any owner of the Property, (y) any change in the title or ownership of the Property, or (z) occupation of the Premises for purposes more hazardous than are permitted by such policy, and (ii) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a contractual liability endorsement evidencing coverage of Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 hereof. Tenant shall not self-insure for any insurance coverage required to be carried by Tenant under this Leasehereunder shall be issued by responsible insurance companies, qualified to do business in the State of California, approved by Landlord and, if required, by Landlord’s Mortgagee. The deductible for any insurance Copies of all policies and certificates therefore shall be delivered to Landlord and the Landlord’s Mortgagee at least ten (10) days prior to Tenant’s occupancy of the Premises. Each policy required hereunder must shall provide that it may not exceed $10,000be canceled or modified except after thirty (30) days prior written notice to Landlord and Landlord’s Mortgagee named as an additional insured or loss payee thereunder. Tenant will shall furnish Landlord with renewals or “binders” of each policy at least thirty (30) days prior to expiration. Tenant shall have the right to provide the insurance coverage required under this Lease through a pursuant to blanket policy, provided such policies obtained by Tenant if the blanket policy policies expressly affords afford coverage to the Premises and to Landlord as required by this Lease. Each policy shall provide that all losses shall be settled in the name of Landlord (or, if required, Landlord’s Mortgagee) only.
(b) Landlord and, if required, Landlord’s Mortgagee shall be named as an additional insured in each insurance policy and certificate therefore and, if requested by Landlord, they also shall be named as loss payees. The commercial general liability insurance shall: apply severally to Landlord, Landlord’s Mortgagee and Tenant; cover each of them as if separate policies had been issued to each of them; not contain provisions affecting any rights which any of them would have had as claimants if not named as an insured; be primary insurance and not considered contributory, with any other valid and collectible insurance available to Landlord and Landlord’s Mortgagee constituting excess insurance; and be endorsed as necessary to cover the foregoing requirements.
(c) Each policy of All Risk Coverage which Tenant obtains for the Premises shall include a clause or endorsement denying the insurer any right of subrogation against the other party hereto to the extent that rights have been waived by the insured party prior to the occurrence of injury or loss. Landlord and Tenant each waive any rights of recovery against the other for injury or loss due to hazards covered by its own insurance, to the extent of the injury or loss covered thereby.
Appears in 1 contract
Samples: Office Lease (Compumed Inc)
Policy Requirements. The policies of All insurance required to be maintained by Tenant pursuant shall be issued by insurance companies authorized to Section 14.1 must do insurance business in the state in which the Premises is located and rated not less than A-VIII in Best’s Insurance Guide or a Standard and Poor’s claims paying ability rating of not less than AA and Landlord shall approve the policy form and deductible. A certificate of insurance (or, at Landlord’s option, copies of the applicable policies) evidencing the insurance required under this Lease shall be reasonably satisfactory delivered to Landlord and must be written as primary policy coverage and not contributing with, or in excess of, any coverage carried by Landlord. All policies must name as the insured parties (except for workers’ compensation insurance and business interruption insurance) Landlord, Lender, any parties named by Landlord, in writing, as having an interest in the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation insurance) must (i) provide that less than thirty (30) days’ days prior to the Commencement Date. No such policy shall be subject to cancellation or modification without thirty (30) days prior written notice of suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage will be given to Landlord and that such insurance will not be invalidated to any other party designated by (x) any act or neglect of Landlord or Tenant or any owner of the Property, (y) any change in the title or ownership of the Property, or (z) occupation of the Premises for purposes more hazardous than are permitted by such policy, and (ii) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a contractual liability endorsement evidencing coverage of to Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 hereof. Tenant shall not self-insure for furnish Landlord with a replacement certificate with respect to any insurance coverage required not less than thirty (30) days prior to be carried by Tenant under this Lease. The deductible for any insurance policy required hereunder must not exceed $10,000the expiration of the current policy. Tenant will shall have the right to provide the insurance coverage required under by this Lease through a pursuant to blanket policypolicies, provided but only if such blanket policy policies expressly affords provide coverage to the Premises Premises, Landlord and to Landlord any other party, as required by this Lease. Tenant may not self-insure, without the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion. For purposes of this Lease, self-insurance shall not include any self-insured retention or deductible programs. Tenant shall be responsible to Landlord for any costs incurred by Landlord that arise out of Tenant’s failure to maintain any of the insurance required to be maintained hereunder.
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Policy Requirements. The policies of All insurance required to be maintained by Tenant pursuant shall be issued by insurance companies authorized to Section 14.1 must do insurance business in the state in which the Project is located and rated not less than in Best's Insurance Guide or a Standard and Poor's claims paying ability rating of not less than AA and Landlord shall approve the policy form and deductible. A certificate of insurance (or, at Landlord's option, copies of the applicable policies) evidencing the insurance required under this Lease shall be reasonably satisfactory delivered to Landlord and must be written as primary policy coverage and not contributing with, or in excess of, any coverage carried by Landlord. All policies must name as the insured parties (except for workers’ compensation insurance and business interruption insurance) Landlord, Lender, any parties named by Landlord, in writing, as having an interest in the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation insurance) must (i) provide that less than thirty (30) days’ days prior to the Commencement Date. No such policy shall be subject to cancellation or modification without thirty (30) days prior written notice of suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage will be given to Landlord and that such insurance will not be invalidated to any other party designated by (x) any act or neglect of Landlord or Tenant or any owner of the Property, (y) any change in the title or ownership of the Property, or (z) occupation of the Premises for purposes more hazardous than are permitted by such policy, and (ii) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a contractual liability endorsement evidencing coverage of to Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 hereof. Tenant shall not self-insure for furnish Landlord with a replacement certificate with respect to any insurance coverage required not less than thirty (30) days prior to be carried by Tenant under this Lease. The deductible for any insurance policy required hereunder must not exceed $10,000the expiration of the current policy. Tenant will shall have the right to provide the insurance coverage required under by this Lease through a pursuant to blanket policypolicies, provided but only if such blanket policy policies expressly affords provide coverage to the Premises and to the Landlord as required by this Lease.. Tenant may not self-insure without the prior written consent of Landlord that may be withheld in Landlord's sole and absolute discretion. For purposes of this Lease, self-insurance shall include any self-insured retention or deductible programs. Tenant shall be responsible to Landlord for any costs incurred by Landlord that arise out of Tenant's failure to maintain any of the insurance required to be maintained hereunder,
Appears in 1 contract
Policy Requirements. The All insurance policies of insurance required this Lease requires either Landlord or Tenant to be maintained by Tenant pursuant to Section 14.1 maintain must be reasonably satisfactory to Landlord name the other party as an additional insured and must be written with insurance companies licensed to do business in the State of California, with an A.M. Best’s rating of A-VII or better. In addition, Landlord has the right to require Tenant to have Landlord’s Mortgagee named as primary policy coverage an additional insured or loss payee on the insurance this Lease obligates Tenant to maintain. Before the Phase 1 Delivery Date, Tenant will deliver to Landlord certificates of insurance evidencing that all insurance this Lease requires Tenant to maintain is in full force and not contributing witheffect. Each such certificate, or the insurance policy, must require the insurer to notify Landlord in excess ofwriting 30 days before any cancellation or material change in coverage. Tenant must also deliver to Landlord, any coverage carried by Landlordsimilar certificates of renewal policies of at least 10 days before each policy expires. All policies must name as the insured parties (insurance this Lease requires Tenant to maintain must, except for workers’ compensation and employer’s liability insurance, be primary, without right of contribution from any insurance and business interruption insurance) Landlord, Lender, any parties named maintained by Landlord, whose insurance is excess insurance only. Any umbrella liability policy or excess liability policy, which must be in writing“following form”, as having an interest in the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation insurance) must (i) provide that thirty (30) days’ prior written notice of suspensionif the underlying aggregate is exhausted, cancellation, termination, modification, non-renewal or lapse or material change of the excess coverage will be given to Landlord and that such insurance will not be invalidated by (x) any act or neglect of Landlord or Tenant or any owner of the Property, (y) any change in the title or ownership of the Property, or (z) occupation of the Premises for purposes more hazardous than are permitted by such policy, and (ii) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies drop down as primary insurance. The limits of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a contractual liability endorsement evidencing coverage of Tenant maintains do not limit Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 hereof. Tenant shall not self-insure for any insurance coverage required to be carried by Tenant liability under this Lease. The deductible for any insurance policy required hereunder must not exceed $10,000. Tenant will have the right to provide the insurance coverage required under this Lease through a blanket policy, provided such blanket policy expressly affords coverage requires Tenant to maintain must cover all damage or injury that results from Tenant’s operations of its business or any Tenant Party’s use of the Premises or any other part of the Project, whether such events occur in the Premises or in any other part of the Project, so that Tenant’s insurance carriers, and to Landlord as required by this Leasenot Landlord’s, bear such risks of loss.
Appears in 1 contract
Samples: Lease Agreement (ServiceNow, Inc.)
Policy Requirements. The policies of insurance required to be maintained by Tenant pursuant to this Section 14.1 must be reasonably satisfactory to Landlord and must be written as primary policy coverage and not contributing with, or in excess of, any coverage carried by Landlord. All policies must name as the insured parties (except for workers’ compensation insurance and business interruption insurance) Landlord, Lender, any parties named by Landlord, in writing, as having an interest in the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation insurance) must (i) provide that thirty (30) days’ prior written notice of suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage will be given to Landlord and that such insurance will not be invalidated by (x) any act or neglect of Landlord or Tenant or any owner of the Property, (y) any change in the title or ownership of the Property, or (z) occupation of the Premises for purposes more hazardous than are permitted by such policy, and (ii) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a contractual liability endorsement evidencing coverage of Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 14,3 hereof. Tenant shall not self-insure for any insurance coverage required to be carried by Tenant under this Lease. The deductible for any insurance policy required hereunder must not exceed $10,000. Tenant will have the right to provide the insurance coverage required under this Lease through a blanket policy, provided such blanket policy expressly affords coverage to the Premises and to Landlord as required by this Lease.
Appears in 1 contract
Samples: Sublease (Roka BioScience, Inc.)
Policy Requirements. The Lessee’s policies of insurance required to be maintained by Tenant pursuant to Section 14.1 must be reasonably satisfactory to Landlord and must shall be written as primary policy coverage and not contributing with, or in excess of, any coverage carried by Landlord. All which Lessor may carry, and all such policies must shall name as the additional insured parties (except for workers’ compensation insurance and business interruption insurance) LandlordLessor, Lender, Lessor’s Lender(s) the Condominium Association and any other parties named by Landlord, in writing, Lessor as having an interest in the Premises, and Tenant, as their respective interests may appear, and shall be reasonably satisfactory to Lessor. All such In addition, said policies of insurance (except for worker’s workers’ compensation insurance) must shall (i) provide that thirty (30) days’ prior written notice of suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage will shall be given to Landlord Lessor and that such insurance will shall not be invalidated by (x) any act or neglect of Landlord Lessor or Tenant Lessee or any owner of the Property, (y) nor by any change in the title or ownership of the Property, or (z) nor by occupation of the Premises for purposes more hazardous than are permitted by such policy, and (ii) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All The policies must of insurance required to be maintained by Lessee pursuant to Section 14.1(a)(i) shall also include a contractual liability endorsement evidencing coverage of TenantLessee’s obligation to indemnify Landlord pursuant to indemnification obligations set forth in Section 14.3 hereof14.4. Tenant shall Lessee may not self-insure for any insurance coverage required to be obtained or carried by Tenant Lessee under this Lease. The , and any deductible for amounts under any insurance policy policies required hereunder must shall not exceed $10,000. Tenant will Lessee shall have the right to provide the insurance coverage required under this Lease through coverages of Section 14.1(a) in a blanket policy, provided such blanket policy expressly affords coverage to the Premises and to Landlord Lessor as required by this Lease. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Lessee’s insurance coverage, shall be deemed to limit or restrict in any way Lessee’s liability arising under or out of this Lease.
Appears in 1 contract
Policy Requirements. The All insurance policies of insurance required to be maintained carried by Tenant pursuant for the Premises shall (i) be issued in form acceptable to Section 14.1 must be Landlord by good and solvent insurance companies qualified to do business in the jurisdiction in which the Building is located, reasonably satisfactory to Landlord and must rated not lower than “Class A VIII,” as rated in the most recent edition of the A.M. Best Company, Inc.’s Key Rating Guide for insurance companies; (ii) designate as additional insureds Landlord (which shall also be loss payee specific to property coverage) and its members, shareholders, partners, officers, directors, employees, and managing agent, Landlord’s Mortgagee, and any other parties in interest from time to time designated in writing by notice from Landlord to Tenant; (iii) be written as primary policy coverage and not contributing with, with or in excess of, of any coverage carried by Landlord. All policies must name as the insured parties that Landlord may carry; (except iv) contain an endorsement to provide for workers’ compensation insurance and business interruption insurance) Landlord, Lender, any parties named by Landlord, in writing, as having an interest in the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation insurance) must (i) provide that thirty (30) days’ prior written notice of suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage will be given to Landlord and that of any cancellation or other expiration of such insurance will not be invalidated by (x) any act or neglect of Landlord or Tenant policy or any owner of the PropertyDefaults thereunder, (yv) contain an express waiver of any change in right of recovery (by subrogation or otherwise) by the title or ownership of the Property, or (z) occupation of the Premises for purposes more hazardous than are permitted by such policy, insurance company against Landlord; and (iivi) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a an assumed contractual liability endorsement evidencing coverage insuring performance by Tenant of Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 hereofthe indemnity provisions of this Lease. Tenant shall not self-insure promptly pay all premiums for any all insurance coverage policies required to be carried by Tenant under this LeaseSection 22 and shall deliver binding certificates of insurance evidencing such coverage and payment therefor before the earlier of the Commencement Date or the commencement of any work in the Premises, and renewals thereof shall be delivered to Landlord or Landlord’s designated agent before the expiration of any such policy. The deductible for Neither the issuance of any insurance policy required hereunder must not exceed $10,000. Tenant will have nor the right to provide the minimum limits specified herein for Tenant’s insurance coverage required shall be deemed to limit or restrict in any way Tenant’s liability arising under this Lease through a blanket policy, provided such blanket policy expressly affords coverage to the Premises and to Landlord as required by or out of this Lease.
Appears in 1 contract
Policy Requirements. The policies of insurance required to be maintained by Tenant pursuant to this Section 14.1 must be reasonably satisfactory to Landlord and must be written as primary policy coverage and not contributing with, or in excess of, any coverage carried by Landlord. All policies must name as the insured parties (except for workers’ compensation insurance and business interruption insurance) Landlord, Lender, any parties named by Landlord, in writing, as having an interest in the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation insurance) must (i) provide that thirty (30) days’ prior written notice of suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage will be given to Landlord and that such insurance will not be invalidated by (x) any act or neglect of Landlord or Tenant or any owner of the Property, (y) any change in the title or ownership of the Property, or (z) occupation of the Premises for purposes more hazardous than are permitted by such policy, and (ii) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a contractual liability endorsement evidencing coverage of Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 14,3 hereof. Tenant shall not self-insure for any insurance coverage required to be carried by Tenant under this Lease. The deductible for any insurance policy required hereunder must not exceed $10,000. Tenant will have the right to provide the insurance coverage required under this Lease through a blanket policy, provided such blanket policy expressly affords coverage to the Premises and to Landlord as required by this Lease.this
Appears in 1 contract
Samples: Sublease (Roka BioScience, Inc.)
Policy Requirements. The policies of All insurance required to be maintained by Tenant pursuant shall be issued by insurance companies authorized to Section 14.1 must be reasonably satisfactory to Landlord do insurance business in the State of California and must rated not less than A:X in Best's Insurance Guide. All such insurance policies shall be written as primary policy coverage and policies, not excess or contributing with, with or in excess of, secondary to any coverage carried by Landlordother insurance as may be available to Landlord or to the additional insureds. All policies must name as A certificate of insurance evidencing the insured parties (except for workers’ compensation insurance and business interruption insurance) Landlord, Lender, any parties named by Landlord, in writing, as having an interest in the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation insurance) must (i) provide that required under this Article 11 shall be delivered to Landlord not less than thirty (30) days’ days prior to the Commencement Date. No such policy shall be cancelled or modified by Tenant without ten (10) days prior written notice of suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage will be given to Landlord and that such insurance will not be invalidated Tenant shall notify Landlord of any notice of modification or cancellation provided by (x) any act or neglect of Landlord or insurer to Tenant or any owner of the Property, (y) any change in the title or ownership of the Property, or (z) occupation of the Premises for purposes more hazardous than are permitted by such policyas soon as it receives same, and in no event later than five (ii5) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a contractual liability endorsement evidencing coverage business days of Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 hereof's receipt of such notice. Tenant shall not self-insure for furnish Landlord with a replacement certificate with respect to any insurance coverage required not less than thirty (30) days prior to be carried by Tenant under this Lease. The deductible for any insurance policy required hereunder must not exceed $10,000the expiration of the current policy. Tenant will shall have the right to provide the insurance coverage required under by this Lease through a Article 11 pursuant to blanket policypolicies, provided but only if such blanket policy policies expressly affords provide coverage to the Premises and to the Landlord as required by this Lease without regard to claims made under such policies with respect to other persons. Any insurance required of Tenant under this Lease may be furnished by Tenant under a blanket policy so long as and provided such policy: (a) strictly complies with all other terms and conditions contained in this Lease; and (b) contains an endorsement that: (i) identifies with specificity the particular address of the Premises as being covered under the blanket policy; (ii) provides a minimum guaranteed coverage amount of $1,000,000.00 per occurrence for the Premises; and (iii) expressly waives any prorata distribution requirement contained in Tenant's blanket policy covering the Premises.
Appears in 1 contract
Policy Requirements. The policies of insurance required to be maintained by Tenant pursuant to this Section 14.1 must be reasonably satisfactory to Landlord and must be written as primary policy coverage and not contributing with, or in excess of, any coverage carried by Landlord. All policies must name Tenant as the named insured parties (except for workers’ compensation insurance party and business interruption insurance) Landlord, Lender, any parties named by Landlord, in writing, as having an interest in the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation and property insurance) must (iall policies shall name as additional insureds for on-going and completed operations, Landlord, Senlac Ridge Partners, LLC, Senlac Property Management, LLC, Columbia FundSub Management, LLC, Columbia Real Estate Management, LLC, Columbia Property Trust, Inc., the holder(s) of any mortgage(s) encumbering the Premises, and all of their respective affiliates, members, officers, employees, agents and representatives, managing agents, and other designees of Landlord and its successors as the interest of such designees shall appear. Upon request by Landlord, Tenant shall deliver a copy of its policies of insurance to Landlord for review. In addition Tenant agrees and shall provide that thirty (30) days’ prior written notice of suspension, cancellation, termination, modification, or non-renewal or lapse or material change of coverage will be given to Landlord and that such insurance will not be invalidated by (x) any act or neglect of Landlord or Tenant or any owner of the Property, (y) any change in the title or ownership of the Property, or (z) occupation of the Premises for purposes more hazardous than are permitted by such policy, and (ii) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a contractual liability endorsement evidencing coverage of Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 hereofLandlord. Tenant shall not self-insure for any insurance coverage required to be carried by Tenant under this Lease. The deductible for any insurance policy required hereunder must not exceed $10,000. Tenant will shall have the right to provide the insurance coverage required under this Lease through a blanket policy, provided such blanket policy expressly affords coverage to the Premises and to Landlord as required by this Lease.
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Policy Requirements. The policies of Any company writing any insurance which Tenant is required to maintain or cause to be maintained under Sections 8.03 and 8.04 as well as any other insurance pertaining to the Leased Premises or the operation of Tenant’s business therein (all such insurance being referred to as “Tenant’s Insurance”) shall at all times be licensed and qualified to do business in the jurisdiction in which the Leased Premises are located and shall have received an A-VII or better rating by Tenant pursuant to Section 14.1 must the latest edition of A.M. Best’s Insurance Rating Service. All of Tenant’s Insurance may be reasonably satisfactory carried under a blanket policy covering the Leased Premises and any other location of Tenant. To the extent such a provision is then available from Tenant’s insurer, such insurance shall provide that it shall not be canceled or the coverages be changed or reduced below the minimum amounts and coverages required under this Lease without at least thirty (30) days’ (ten (10) days’ in the event of cancellation for non-payment of premium) prior written Notice to Landlord and must be written as primary policy coverage and not contributing with, or in excess of, any coverage carried by Landlord. All policies must name as the insured parties (except for workers’ compensation insurance and business interruption insurance) Landlord, Lender, any parties named by Landlordand, in writingany event, as having an interest in the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation insurance) must (i) Tenant shall provide that Landlord with at least thirty (30) days’ prior written notice of suspension, cancellation, termination, modification, non-renewal any such cancellation or lapse reduction in the amounts or material change types of coverage will be given to Landlord and that such insurance will not below the minimum amounts and coverages required under this Lease. Tenant shall be invalidated by (x) any act or neglect solely responsible for payment of Landlord or Tenant or any owner of the Property, (y) any change in the title or ownership of the Property, or (z) occupation of the Premises premiums for purposes more hazardous than are permitted by such policy, and (ii) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a contractual liability endorsement evidencing coverage all of Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 hereofInsurance. Tenant shall not self-insure for any insurance coverage deliver to Landlord prior to the time Tenant’s Insurance is first required to be carried by Tenant under this LeaseTenant, and upon renewals prior to the expiration of the term of any such insurance policy, a certificate of insurance. The deductible for limits of Tenant’s Insurance shall not limit Tenant’s liability under the Lease, at law, or in equity. All policies of Tenant’s Insurance shall be primary and non-contributory with respect to Landlord’s liability arising out of the act or omission of Tenant, its officers, agents, contractors, employees, or, while upon the Leased Premises, invitees. If Tenant fails to deposit a certificate of insurance with Landlord (which shows compliance with the provisions of this Article VIII) within three (3) days after Notice from Landlord, Landlord may acquire such insurance, and Tenant shall pay Landlord the amount of the premium applicable thereto within thirty (30) days following Notice from Landlord. Neither the insurance requirements set forth in the Lease nor Landlord’s review and approval of any insurer or insurance policy required hereunder must not exceed $10,000. Tenant will have the right shall be deemed to provide the insurance coverage required limit Tenant’s obligations under this Lease through or Tenant’s underlying liability in any manner. The insurance requirements herein merely prescribe the minimum amounts and forms of insurance coverage that Tenant and their contractors are required to carry. Any failure by Landlord to enforce in a blanket policy, provided timely manner any of the provisions of the Lease shall not act as a waiver to enforcement of any of such blanket policy expressly affords coverage to the Premises and to Landlord as required by this Leaseprovisions at a later date.
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Policy Requirements. The policies of (a) All insurance required to be maintained by Tenant pursuant to Section 14.1 must be reasonably satisfactory to Landlord and must be written as primary policy coverage and not contributing with, or in excess of, any coverage carried by Landlord. All policies must name as the insured parties (except for workers’ compensation insurance and business interruption insurance) Landlord, Lender, any parties named by Landlord, in writing, as having an interest in the Premises, and Tenant, as their respective interests may appear. All such policies (except for worker’s compensation insurance) must (i) provide that thirty (30) days’ prior written notice of suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage will be given to Landlord and that such insurance will not be invalidated by (x) any act or neglect of Landlord or Tenant or any owner of the Property, (y) any change in the title or ownership of the Property, or (z) occupation of the Premises for purposes more hazardous than are permitted by such policy, and (ii) not contain a provision relieving the insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. All policies must include a contractual liability endorsement evidencing coverage of Tenant’s obligation to indemnify Landlord pursuant to Section 14.3 hereof. Tenant shall not self-insure for any insurance coverage required to be carried by Tenant under this Leasehereunder shall be issued by responsible insurance companies, qualified to do business in the State of California, approved by Landlord and, if required, by Landlord's Mortgagees. The deductible for any insurance Copies of all policies and certificates thereof shall be delivered to Landlord at lease ten (10) days prior to Tenant's occupancy of the Premises. Each policy required hereunder must shall provide that it may not exceed $10,000be canceled or modified except after thirty (30) days' prior written notice to Landlord. Tenant will shall furnish Landlord with renewals or "binders" of each policy, together with evidence of payment of the premium therefor, at least thirty (30) days prior to expiration. Tenant shall have the right to provide the insurance coverage required under this Lease through a pursuant to blanket policy, provided such policies obtained by Tenant if the blanket policy policies expressly affords afford coverage to the Premises and to Landlord as required by this Lease.
(b) Landlord and, if required, Landlord's Mortgagees shall be named as additional insureds in each insurance policy and, if requested by Landlord, they also shall be named as loss payees. The Commercial General Liability Insurance shall; apply severally to Landlord and Tenant; cover each of them as if separate policies had been issued to each of them; not contain provisions affecting any rights which any of them would have had as claimants if not named as insureds; be primary insurance and not considered contributory, with any other valid and collectible insurance available to Landlord and be endorsed as necessary to cover the foregoing requirements.
(c) Each policy of All Risk Coverage which Tenant obtains for the Premises, and which Landlord obtains for the Building, shall include a clause or endorsement denying the insurer any right of subrogation against the other party hereto to the extent that rights have been waived by the insured party prior to the occurrence of injury or less. Landlord and Tenant each waive any rights of recovery against the other for injury or loss due to hazards covered by its own insurance, to the extent of the injury or loss covered thereby.
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Samples: Office Lease (Agile Software Corp)