Common use of Premises Insurance Clause in Contracts

Premises Insurance. Lessee at its cost shall maintain on all its personal property, tenant improvements, and alterations, as well as on the buildings situated on the premises, a standard policy of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee shall be determined by the company issuing the insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from loss of rents for a period of 12 months. All policies of insurance shall be issued in the name of Lessee and shall name Lessor as an additional insured, and shall contain cross-liability endorsements. Not less than fifteen (15) days prior to the commencement of the term of this Lease, Lessee shall secure and deliver to Lessor a certificate of said insurance together with a receipt for the payment of the premium thereof and a written undertaking on the part of the insurance carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited by Lessee with Lessor, on renewal of the policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, if Lessee does not keep such insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premises, or any portion thereof, or Lessee’s operations, and hereby waive all rights of subrogation which the insurer under said policies might otherwise, if at all, have as against the other hereto.

Appears in 2 contracts

Sources: Lease Agreement (Alpha Teknova, Inc.), Lease Agreement (Alpha Teknova, Inc.)

Premises Insurance. Lessee at its cost During the Term Landlord shall maintain causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all its personal propertyTenant's Personal Property located on or in the Premises, tenant improvementsbut including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and alterationsany other sums payable under the Lease, as well as on the buildings situated on the premises, a standard policy of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee shall be determined by the company issuing the insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from loss of rents for a period of 12 monthsat least twelve (12) months commencing on the date of loss. All policies of Such insurance shall be issued name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the name value of Lessee and the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall name Lessor as an additional insured, and shall contain cross-liability endorsements. Not less than fifteen pay such increase within ten (1510) days prior of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the commencement of the term of Landlord under this Lease, Lessee shall secure and deliver subject to Lessor a certificate of said insurance together with a receipt for the payment of the premium thereof and a written undertaking on the part of following conditions, Tenant may elect to carry the insurance carrier required by this Paragraph 21.C if Tenant is able to notify Lessor in writing obtain the coverage required hereunder at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited by Lessee with Lessor, on renewal of the policy, not a cost less than twenty (20) days before expiration of the term of the prior policythat charged by Landlord's insurer. Lessee agrees, if Lessee does not keep such insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premises, or any portion thereof, or Lessee’s operations, and hereby waive all rights of subrogation which the insurer under said policies might otherwise, if at all, have as against the other hereto.Tenant's right

Appears in 2 contracts

Sources: Build to Suit Lease (At Home Corp), Build to Suit Lease (At Home Corp)

Premises Insurance. Lessee at its cost During the Term Landlord shall maintain special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord’s option, earthquake and flood coverage) on the Building and the Adjacent Building(s), excluding coverage of all its personal propertyTenant’s Personal Property located on or in the Premises, tenant improvementsbut including the Tenant Improvements, if any are provided for in Paragraph 9 of this Lease. Such insurance shall also include insurance against loss of rents, including, at Landlord’s option, earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and alterationsany other sums payable under the Lease, as well as on the buildings situated on the premises, a standard policy of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee shall be determined by the company issuing the insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from loss of rents for a period of 12 monthsat least twelve (12) months commencing on the date of loss. All policies of Such insurance shall be issued name Landlord and its Agents as named insureds and include a lender’s loss payable endorsement in favor of Landlord’s lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord for Tenant’s Project Percentage of Landlord’s annual cost of such insurance as Additional Rent, monthly on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the Project insurance premiums are increased after the Commencement Date, due to an increase in the name value of Lessee and the Building or the Adjacent Building(s) or their replacement cost, Tenant shall name Lessor as an additional insured, and shall contain cross-liability endorsements. Not less than fifteen pay Tenant’s Percentage of such increase within ten (1510) days prior of notice of such increase. If such insurance premiums are increased due to the commencement Tenant’s use of the term of this LeasePremises, Lessee shall secure and deliver to Lessor a certificate of said insurance together with a receipt for the payment of the premium thereof and a written undertaking on the part of the insurance carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited improvements installed by Lessee with Lessor, on renewal of the policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, if Lessee does not keep such insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premisesTenant, or any portion thereofother cause solely attributable to Tenant, or Lessee’s operations, and hereby waive all rights Tenant shall be required to pay the full amount of subrogation which the insurer under said policies might otherwise, if at all, have as against the other heretoincrease.

Appears in 2 contracts

Sources: Standard Office Lease (VirnetX Holding Corp), Standard Office Lease (Pasw Inc)

Premises Insurance. Lessee at its cost During the Term Landlord shall maintain ------------------ causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all its personal propertyTenant's Personal Property located on or in the Premises, tenant improvementsbut including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and alterationsany other sums payable under the Lease, as well as on the buildings situated on the premises, a standard policy of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee shall be determined by the company issuing the insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from loss of rents for a period of 12 monthsat least twelve (12) months commencing on the date of loss. All policies of Such insurance shall be issued name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the name value of Lessee and the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall name Lessor as an additional insured, and shall contain cross-liability endorsements. Not less than fifteen pay such increase within ten (1510) days prior of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the commencement of the term of Landlord under this Lease, Lessee shall secure and deliver subject to Lessor a certificate of said insurance together with a receipt for the payment of the premium thereof and a written undertaking on the part of following conditions, Tenant may elect to carry the insurance carrier required by this Paragraph 21.C if Tenant is able to notify Lessor in writing obtain -------------- the coverage required hereunder at least thirty (30) days prior a cost less than that charged by Landlord's insurer. Tenant's right to any cancellation thereof. Certificates for carry such insurance shall be deposited by Lessee with Lessorsubject to the following conditions: (i) all Holders, on renewal of the policydefined below, not less than twenty shall have approved Tenant's right to carry such insurance, (20ii) days before expiration of the term of the prior policy. Lessee agrees, if Lessee does not keep such insurance in full force and effectshall name Landlord, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insuranceparties designated by Landlord, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premises, or any portion thereof, or Lessee’s operationsas additional insureds, and hereby waive all (iii) such insurance shall provide Landlord with at least the same coverage and rights of subrogation which the insurer under said policies might otherwise, as Landlord would be entitled to receive if at all, have as against the other heretoLandlord had obtained such insurance.

Appears in 2 contracts

Sources: Build to Suit Lease (At Home Corp), Build to Suit Lease (At Home Corp)

Premises Insurance. Lessee at its cost During the Term Landlord shall maintain on all its personal property------------------ "Special Risk" property insurance (including inflation endorsement, tenant improvementssprinkler leakage endorsement, earthquake and alterations, as well as flood coverage) on the buildings situated Premises, excluding coverage of all Tenant's Personal Property on or in the premisesPremises, a standard policy of fire with an extended coverage, vandalism but including the Building and malicious mischief endorsements, to the extent of 100% of their full replacement costany Tenant Improvements. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee Such insurance shall be determined by the company issuing the also include insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from against loss of rents on a "Special Risk" basis, including earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of 12 monthsat least twelve (12) months commencing on the date of loss. All policies of Such insurance shall be issued name Landlord and its Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Subject to the name remaining provisions of Lessee and this Lease, Tenant shall name Lessor reimburse Landlord for the costs of such policy, annually, or upon such other periodic basis as an additional insuredLandlord shall elect, and shall contain cross-liability endorsements. Not less than within fifteen (15) days prior to the commencement of the term date of this Lease, Lessee shall secure and deliver to Lessor receipt of a certificate of said insurance together with a receipt statement for the payment of the premium thereof and a written undertaking on the part of same, as Additional Rent. If the insurance carrier to notify Lessor in writing at least thirty premiums are increased after the Commencement Date, Tenant shall pay such increase within fifteen (3015) days prior of notice of such increase. Nothing herein will require Tenant to reimburse to Landlord that portion of insurance premiums attributable to earthquake coverage which exceeds, in any cancellation thereofone year, a commercially reasonable amount. Certificates The parties agree, without limitation, that, if insurance premiums attributable to earthquake coverage exceed three (3) times the premiums payable for casualty insurance, such cost will be deemed in excess of a commercially reasonable amount and providing the lien holder has waived the requirement for such insurance shall be deposited by Lessee with Lessor, on renewal of the policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, if Lessee does not keep such insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premises, or any portion thereof, or Lessee’s operations, and hereby waive all rights of subrogation which the insurer under said policies might otherwise, if at all, have as against the other heretocoverage.

Appears in 1 contract

Sources: Assignment of Lease (Oni Systems Corp)

Premises Insurance. Lessee at its cost During the Term Landlord shall maintain "All Risk" property insurance, (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all its personal propertyTenant's Personal Property located on or in the Premises, tenant improvementsTenant Owned Alterations, Utility Installations, and alterations, as well as on the buildings situated on the premises, a standard policy of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement costTrade Fixtures. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee Such insurance shall be determined by the company issuing the also include insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from against loss of rents on all "All Risk" basis, including, at Landlord's option, earthquake and flood, in an amount equal to the Annual Base Rent and Tenant's Share of Operating Expenses, and any other sums payable under the Lease, for a period of 12 monthsat least twelve (12) months commencing on the date of loss. All policies of Such insurance shall be issued name Landlord and its Agents as named insured and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord for Tenant's Share of Landlord's annual cost of such insurance as additional Rent, monthly on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the Premises insurance premiums are increased after the Commencement Date, due to an increase in the name replacement cost of Lessee and the Building Tenant shall name Lessor as an additional insured, and shall contain cross-liability endorsements. Not less than fifteen pay Tenant's Percentage of such increase within ten (1510) days prior of notice of such increase. If such insurance premiums are increased due to the commencement Tenant's use of the term of this LeasePremises, Lessee shall secure and deliver to Lessor a certificate of said insurance together with a receipt for the payment of the premium thereof and a written undertaking on the part of the insurance carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited improvements installed by Lessee with Lessor, on renewal of the policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, if Lessee does not keep such insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premisesTenant, or any portion thereofother cause solely attributable to Tenant, or Lessee’s operations, and hereby waive all rights Tenant shall be required to pay the full amount of subrogation which the insurer under said policies might otherwise, if at all, have as against the other heretoincrease.

Appears in 1 contract

Sources: Lease (Therma Wave Inc)

Premises Insurance. Lessee at its cost During the Term Landlord shall maintain ------------------ causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all its personal propertyTenant's Personal Property located on or in the Premises, tenant improvementsbut including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and alterationsany other sums payable under the Lease, as well as on the buildings situated on the premises, a standard policy of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee shall be determined by the company issuing the insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from loss of rents for a period of 12 monthsat least twelve (12) months commencing on the date of loss. All policies of Such insurance shall be issued name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the name value of Lessee and the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall name Lessor as an additional insured, and shall contain cross-liability endorsements. Not less than fifteen pay such increase within ten (1510) days prior of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy covering other -------------- properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the commencement of the term of Landlord under this Lease, Lessee shall secure and deliver subject to Lessor a certificate of said insurance together with a receipt for the payment of the premium thereof and a written undertaking on the part of following conditions, Tenant may elect to carry the insurance carrier required by this Paragraph 21.C if Tenant is able to notify Lessor in writing obtain the -------------- coverage required hereunder at least thirty (30) days prior a cost less than that charged by Landlord's insurer. Tenant's right to any cancellation thereof. Certificates for carry such insurance shall be deposited by Lessee with Lessorsubject to the following conditions: (i) all Holders, on renewal of the policydefined below, not less than twenty shall have approved Tenant's right to carry such insurance, (20ii) days before expiration of the term of the prior policy. Lessee agrees, if Lessee does not keep such insurance in full force and effectshall name Landlord, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insuranceparties designated by Landlord, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premises, or any portion thereof, or Lessee’s operationsas additional insureds, and hereby waive all (iii) such insurance shall provide Landlord with at least the same coverage and rights of subrogation which the insurer under said policies might otherwise, as Landlord would be entitled to receive if at all, have as against the other heretoLandlord had obtained such insurance.

Appears in 1 contract

Sources: Lease (At Home Corp)

Premises Insurance. Lessee at its cost shall maintain on all its personal property, tenant improvements, and alterationsDuring the Term, as well as during any period ------------------ of early entry, Landlord shall maintain "All Risk" or "causes of loss - special form" property insurance (including without limitation vandalism, malicious mischief, inflation endorsement, sprinkler leakage endorsement, and. at Landlord's option, earthquake and flood coverage) on the buildings situated on Premises in the premises, a standard policy full amount of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost, as the same may from time to time increase as a result of inflation or otherwise and shall be in a form providing coverage comparable to coverage in the standard ISO All-Risk form. Such insurance shall exclude coverage of all Tenant's Personal Property on or in the Premises, but shall include the Tenant Improvements. Notwithstanding the above, during the period of early entry, Landlord may elect to carry course of construction insurance providing similar coverage. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee property insurance shall be determined by the company issuing the also include insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from against loss of rents on an "All Risk" basis, including earthquake and flood, in an amount equal to the Rent, and any other sums payable under the Lease, for a period not to exceed 12 months from the date of 12 monthsloss. All policies of Such insurance shall be issued name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in the name favor of Lessee and Landlord's lender (Form 438 BFU Endorsement). Tenant shall name Lessor as an additional insured, and shall contain cross-liability endorsements. Not less than fifteen (15) days prior to the commencement of the term of this Lease, Lessee shall secure and deliver to Lessor a certificate of said insurance together with a receipt reimburse Landlord for the payment costs of such policy, monthly, or upon such other periodic basis as Landlord shall elect. If the insurance premiums are increased, Tenant shall pay such increase within 10 days of notice of such increase. If, however, Landlord elects to maintain earthquake insurance coverage for the Premises as permitted herein. Tenant shall be required to pay only such portion of the premium thereof and a written undertaking on the part of the insurance carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited by Lessee with Lessor, on renewal of the policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, if Lessee does not keep such insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed coverage as is then considered to be a part of commercially reasonable rate for such insurance for properties similar to the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability Premises, but in no event shall Tenant be required to pay more than $45,000.00 per year for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premises, or any portion thereof, or Lessee’s operations, and hereby waive all rights of subrogation which the insurer under said policies might otherwise, if at all, have as against the other heretoearthquake insurance premiums.

Appears in 1 contract

Sources: Lease Agreement (International Network Services)

Premises Insurance. Lessee at its cost During the Term Landlord shall maintain causes of loss - special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all its personal propertyTenant's Personal Property located on or in the Premises, tenant improvementsbut including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and alterationsany other sums payable under the Lease, as well as on the buildings situated on the premises, a standard policy of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee shall be determined by the company issuing the insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from loss of rents for a period of 12 monthsat least twelve (12) months commencing on the date of loss. All Such insurance shall name Landlord and its Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). The deductible payable under any causes of loss - special form policy of insurance (or its equivalent) maintained by Landlord on the Building shall not exceed $250,000 per occurrence without the prior written consent of Tenant and, for as long as the Building is insured by Landlord under a policy that covers all of the buildings within the Property and, if applicable, all of the buildings within the Project, such deductible shall apply in the aggregate to all of the buildings within the Property and, if applicable, to all of buildings within the Project, on a per occurrence basis. Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. If, however, Landlord elects to maintain a policy or policies of earthquake insurance on the Building, Tenant shall be issued in the name of Lessee and shall name Lessor as an additional insured, and shall contain cross-liability endorsements. Not less than fifteen (15) days prior required to the commencement of the term of this Lease, Lessee shall secure and deliver reimburse Landlord for any premiums allocable to Lessor a certificate of said insurance together with a receipt for the payment of the premium thereof and a written undertaking on the part of the insurance carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited by Lessee with Lessor, on renewal of the policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, policies only if Lessee does not keep Landlord maintains such insurance in full force coverage on all buildings within the Project and effect, that Lessor may take out the necessary such insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premises, or any portion thereof, or Lessee’s operations, and hereby waive all rights of subrogation which the insurer under said policies might otherwise, if is available at all, have as against the other heretocommercially reasonable rates.

Appears in 1 contract

Sources: Lease (Ampex Corp /De/)

Premises Insurance. Lessee at its cost During the Term Landlord shall maintain causes of loss - special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Buildings, excluding coverage of all its personal propertyTenant's Personal Property located on or in the Premises, tenant improvementsbut including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and alterationsany other sums payable under the Lease, as well as on the buildings situated on the premises, a standard policy of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee shall be determined by the company issuing the insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from loss of rents for a period of 12 monthsat least twelve (12) months commencing on the date of loss. All Such insurance shall name Landlord and its Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). The deductible payable under any causes of loss - special form policy of insurance (or its equivalent) maintained by Landlord on the Buildings shall not exceed $250,000 per occurrence without the prior written consent of Tenant and, for as long as the Buildings are insured by Landlord under a policy that covers all of the buildings within the Property and, if applicable, all of the buildings within the Project, such deductible shall apply in the aggregate to all of the buildings within the Property and, if applicable, to all of the buildings within the Project, on a per occurrence basis. Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date due to an increase in the value of the Buildings or their replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. If, however, Landlord elects to maintain a policy or policies of earthquake insurance on the Buildings, Tenant shall be issued in the name of Lessee and shall name Lessor as an additional insured, and shall contain cross-liability endorsements. Not less than fifteen (15) days prior required to the commencement of the term of this Lease, Lessee shall secure and deliver reimburse Landlord for any premiums allocable to Lessor a certificate of said insurance together with a receipt for the payment of the premium thereof and a written undertaking on the part of the insurance carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited by Lessee with Lessor, on renewal of the policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, policies only if Lessee does not keep Landlord maintains such insurance in full force coverage on all buildings within the Project and effect, that Lessor may take out the necessary such insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premises, or any portion thereof, or Lessee’s operations, and hereby waive all rights of subrogation which the insurer under said policies might otherwise, if is available at all, have as against the other heretocommercially reasonable rates.

Appears in 1 contract

Sources: Lease (Ampex Corp /De/)

Premises Insurance. Lessee at its cost During the Term Landlord shall maintain causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord’s option, earthquake and flood coverage) on the Building, excluding coverage of all its personal propertyTenant’s Personal Property located on or in the Premises. Such insurance shall also include insurance against loss of rents, tenant improvementsincluding, at Landlord’s option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and alterationsany other sums payable under the Lease, as well as for a period of at least twelve (12) months commencing on the buildings situated on the premises, a standard policy date of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement costloss. The “full replacement cost” amount of the building, personal property, and other improvements to be insured by Lessee coverage of Landlord’s insurance hereunder shall be determined by Landlord from time to time in its reasonable discretion but the company issuing property insurance shall not be less than 100% of full replacement value of the Building. Such insurance shall name Landlord and Landlord’s Agents as named insureds and include a lender’s loss payable endorsement in favor of Landlord’s lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for Tenant’s Building Share of one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance policy at premiums are increased after the time it is initially obtainedCommencement Date for any reason, and shall include replacement including without limitation due to an increase in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices value of the Board of UnderwritersBuilding or its replacement cost, or a like board recognized and generally accepted due to Tenant’s use of the Premises or any improvements installed by Tenant, Tenant shall pay for Tenant’s Building Share of such increase within ten (10) days of notice of such increase. Landlord may, in its sole discretion, maintain the insurance company, and each party shall be promptly notified coverage described in this Paragraph 21.C as part of the results by the company. The an umbrella insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from loss of rents for a period of 12 months. All policies of insurance shall be issued in the name of Lessee and shall name Lessor as an additional insured, and shall contain cross-liability endorsements. Not less than fifteen (15) days prior to the commencement of the term of this Lease, Lessee shall secure and deliver to Lessor a certificate of said insurance together with a receipt for the payment of the premium thereof and a written undertaking on the part of the insurance carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited other properties owned by Lessee with Lessor, on renewal of the policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, if Lessee does not keep such insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premises, or any portion thereof, or Lessee’s operations, and hereby waive all rights of subrogation which the insurer under said policies might otherwise, if at all, have as against the other heretoLandlord.

Appears in 1 contract

Sources: Lease Agreement (Claria Corp)

Premises Insurance. Lessee at its cost During the Term Landlord shall maintain "all-risk" or causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all its personal propertyTenant's Personal Property located on or in the Premises, tenant improvementsbut including the Tenant Improvements, if any are provided for in paragraph 9 of this Lease. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and alterationsany other sums payable under the Lease, as well as on the buildings situated on the premises, a standard policy of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee shall be determined by the company issuing the insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from loss of rents for a period of 12 monthsat least twelve (12) months commencing on the date of loss. All policies of Such insurance shall be issued name Landlord and its Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord for Tenant's Percentage of Landlord's annual cost of such insurance as Additional Rent, monthly on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the property insurance premiums are increased after the Commencement Date, due to an increase in the name value of Lessee and the Building or its replacement cost, Tenant shall name Lessor as an additional insured, and shall contain cross-liability endorsements. Not less than fifteen pay Tenant's Percentage of such increase within ten (1510) days prior of notice of such increase. If such insurance premiums are increased due to the commencement Tenant's use of the term of this LeasePremises, Lessee shall secure and deliver to Lessor a certificate of said insurance together with a receipt for the payment of the premium thereof and a written undertaking on the part of the insurance carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited improvements installed by Lessee with Lessor, on renewal of the policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, if Lessee does not keep such insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premisesTenant, or any portion thereofother cause solely attributable to Tenant, or Lessee’s operations, and hereby waive all rights Tenant shall be required to pay the full amount of subrogation which the insurer under said policies might otherwise, if at all, have as against the other heretoincrease.

Appears in 1 contract

Sources: Lease (Cruel World Inc)

Premises Insurance. Lessee at its cost During the Term Landlord shall maintain causes ------------------ of loss-special form property insurance (including inflation endorsement sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all its personal propertyTenant's Personal Property located on or in the Premises, tenant improvementsbut including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and alterationsany other sums payable under the Lease, as well as on the buildings situated on the premises, a standard policy of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee shall be determined by the company issuing the insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from loss of rents for a period of 12 monthsat least twelve (12) months commencing on the date of loss. All Such insurance shall name Landlord and its Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). The deductible payable under any causes of loss - special form policy of insurance (or its equivalent) maintained by Landlord on the Building shall not exceed $250,000 per occurrence without the prior written consent of Tenant and, for as long as the Building is insured by Landlord under a policy that covers all of the buildings within the Property and, if applicable, all of the buildings within the Project, such deductible shall apply in the aggregate to all of the buildings within the Property and, if applicable, to all of buildings within the Project, on a per occurrence basis. Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. If, however, Landlord elects to maintain a policy or policies of earthquake insurance on the Building, Tenant shall be issued in the name of Lessee and shall name Lessor as an additional insured, and shall contain cross-liability endorsements. Not less than fifteen (15) days prior required to the commencement of the term of this Lease, Lessee shall secure and deliver reimburse Landlord for any premiums allocable to Lessor a certificate of said insurance together with a receipt for the payment of the premium thereof and a written undertaking on the part of the insurance carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited by Lessee with Lessor, on renewal of the policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, policies only if Lessee does not keep Landlord maintains such insurance in full force coverage on all buildings within the Project and effect, that Lessor may take out the necessary such insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premises, or any portion thereof, or Lessee’s operations, and hereby waive all rights of subrogation which the insurer under said policies might otherwise, if is available at all, have as against the other heretocommercially reasonable rates.

Appears in 1 contract

Sources: Sublease Agreement (Fogdog Inc)

Premises Insurance. Lessee at its cost During the Term Landlord shall maintain causes ------------------ of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all its personal propertyTenant's Personal Property located on or in the Premises, tenant improvementsthe security system described in Paragraph 38, ------------ the voice and data system described in Paragraph 39 and the furniture and ------------ equipment listed on Exhibit C. Such insurance shall also include insurance --------- against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and alterationsany other sums payable under the Lease, as well as on the buildings situated on the premises, a standard policy of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee shall be determined by the company issuing the insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from loss of rents for a period of 12 monthsat least twelve (12) months commencing on the date of loss. All policies of Such insurance shall be issued name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for Tenant's Building Share of one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the name value of Lessee and the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall name Lessor as an additional insured, and shall contain cross-liability endorsements. Not less than fifteen pay for Tenant's Building Share of such increase within ten (1510) days prior to of notice of such increase. Landlord may, in its sole discretion, maintain the commencement of the term of insurance coverage described in this Lease, Lessee shall secure and deliver to Lessor a certificate of said insurance together with a receipt for the payment of the premium thereof and a written undertaking on the Paragraph 21.C as part of the an umbrella insurance carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited policy covering other -------------- properties owned by Lessee with Lessor, on renewal of the policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, if Lessee does not keep such insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premises, or any portion thereof, or Lessee’s operations, and hereby waive all rights of subrogation which the insurer under said policies might otherwise, if at all, have as against the other heretoLandlord.

Appears in 1 contract

Sources: Lease (Supportsoft Inc)

Premises Insurance. Lessee at its cost During the Term Landlord shall maintain on all its personal property------------------ "all-risk" or causes of loss - special form property insurance (including vandalism, tenant improvementsmalicious mischief, inflation endorsement, sprinkler leakage endorsement) and alterations, as well as earthquake insurance on the buildings situated on Building in the premises, a standard policy full amount of fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee shall be determined by the company issuing the insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an thereof, excluding coverage of all Tenant's Personal Property or Alterations located on or in the Premises, but including the Tenant Improvements. Such insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or a like board recognized and generally accepted by the also include insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. The policy covering the building shall include rental income insurance to protect Lessor from against loss of rents on an all-risk basis and coverage for earthquake in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of 12 monthstwelve (12) months commencing on the date of loss. All policies of Such insurance shall be issued name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in the name favor of Lessee and Landlord's lender (Form 438 BFU Endorsement). Tenant shall name Lessor reimburse Landlord annually, as an additional insuredAdditional Rent, and shall contain cross-liability endorsements. Not less than fifteen (15) days prior to the commencement of the term of this Lease, Lessee shall secure and deliver to Lessor a certificate of said insurance together with a receipt for the payment of the premium thereof and a written undertaking on the part of the annual premiums for such insurance carrier to notify Lessor in writing at least within thirty (30) days prior after Tenant's receipt of an invoice therefor. For the first year of the Term, the total premiums for Landlord's insurance, including earthquake insurance, shall not exceed Eighteen Thousand Five Hundred and no/100ths Dollars ($18,500.00). If the property insurance premiums are increased after the Commencement Date, due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any cancellation thereofimprovements installed by in the Building by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. Certificates for such Any insurance maintained by Landlord covering the Premises and/or the Tenant Improvements shall be primary to and not contributing with any insurance maintained by Tenant covering the Premises and/or the Tenant Improvements, which insurance shall be deposited by Lessee with Lessor, on renewal of the policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, if Lessee does not keep such considered excess insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the premises, or any portion thereof, or Lessee’s operations, and hereby waive all rights of subrogation which the insurer under said policies might otherwise, if at all, have as against the other heretoonly.

Appears in 1 contract

Sources: Lease (Artisan Components Inc)