Prerequisites to Commencement of Construction. In addition to all other requirements set forth in this Article, before commencing the construction of any Additional Improvements and Alterations (whether or not requiring Lessor’s approval), and before any building materials have been delivered to the Premises by Lessee or under Lessee’s authority, Lessee shall:
(a) Furnish Lessor with a true copy of Lessee’s contract with the general contractor.
(b) Deliver to Lessor true copies of all documents evidencing the commitment of construction financing for any new construction, or evidence satisfactory to Lessor regarding other arrangements to provide for payment for work undertaken by Lessee.
(c) Procure or cause to be procured and keep in force during the course of construction the insurance coverage described below, subject to reasonable deductibles, and provide Lessor with certified copies of all such insurance, if requested by Lessor, or with the prior written approval of Lessor, certificates of such insurance in form satisfactory to Lessor. All such insurance shall comply with the requirements of this Article 12 and of Article 20.
(i) To the extent not covered by property insurance maintained by Lessee pursuant to Article 20, comprehensive “all risk” builder’s risk insurance, including vandalism and malicious mischief, covering all Additional Improvements and Alterations in place on the Premises, all materials and equipment stored at the Premises and furnished under contract, and all materials and equipment that are in the process of fabrication at the premises of any third party or that have been placed in due course of transit to the Premises when such fabrication or transit is at the risk of, or when title to or an insurable interest in such materials or equipment has passed to, Lessee or its construction manager, contractors or subcontractors (excluding any contractors’, subcontractors’ and construction managers’ tools and equipment, and property owned by the employees of the construction manager, any contractor or any subcontractor), such insurance to be written on a completed value basis in an amount not less than the full estimated replacement value of the Additional Improvements and Alterations, as applicable.
(ii) Commercial liability insurance covering Lessee and Lessor, which insurance may be effected by endorsement, if obtainable, on the policy required to be carried pursuant to Article 20, including insurance for completed operations, elevators, owner’s protective liability, products comple...
Prerequisites to Commencement of Construction. In addition to all other requirements set forth herein, before commencing the construction of any Alterations for which Landlord's prior approval is required, and before any building materials have been delivered to the Premises by Tenant or under Tenant's authority, Tenant shall:
(a) Furnish Landlord with a true copy of Tenant's contract with the general contractor.
(b) Deliver to Landlord true copies of all documents to evidence the commitment of construction financing for any new construction or other arrangements to provide for payment for work undertaken by Tenant. Such evidence shall be in a form and substance reasonably satisfactory to Landlord.
(c) Procure or cause to be procured the insurance coverage described below in the limits hereinafter provided, if available, and provide Landlord with certified copies of all such insurance or, with the written approval of Landlord, certificates of such insurance in form satisfactory to Landlord. All such insurance shall comply with the requirements of Articles 11 and 19.
(i) During the course of construction, to the extent not covered by property insurance maintained by Tenant pursuant to Article 19, comprehensive "all risk" builder's risk insurance, including vandalism and malicious mischief, covering all improvements in place on the Premises, all materials and equipment stored at the Premises and furnished under contract, and all materials and equipment that are in the process of fabrication at the premises of any third party or that have been placed in due course of transit to the Premises when such fabrication or transit is at the risk of, or when title to or an insurable interest in such materials or equipment, has passed to Tenant or its construction manager, contractors or subcontractors (excluding any contractors', subcontractors' and construction managers' tools and equipment, and property owned by the employees of the construction manager, any contractor or any subcontractor), such insurance to be written on a completed value basis in an amount not less than the full estimated replacement value of such Alterations.
(ii) Comprehensive liability insurance covering Tenant, Landlord and each construction manager, contractor and subcontractor engaged in any work on the Premises, which insurance may be effected by endorsement, if obtainable, on the policy required to be carried pursuant to Article 19, including insurance for completed operations, elevators, owner's, construction manager's and contractor...
Prerequisites to Commencement of Construction. In addition to all other requirements set forth herein, before commencing the construction of the Initial Improvements or any Alterations and before any building materials have been delivered to the Premises by Lessee or under Lessee's authority, Lessee shall:
(a) Procure or cause to be procured the insurance coverage described below in the limits hereinafter provided, and provide Lessor with certified copies of all such insurance or, with the written approval of Lessor, certificates of such insurance in form satisfactory to Lessor. All such insurance shall comply with any requirements of Articles 14 and 21.
(b) Obtain the approval of Lessor of the general contractor in respect of any Bonded Contracts, which approval shall not be unreasonably withheld or delayed. Lessor hereby
Prerequisites to Commencement of Construction. In addition to all other requirements set forth herein, before commencing the construction of the Initial Improvements or any Alterations and before any building materials have been delivered to the Premises by Lessee or under Lessee's authority, Lessee shall:
(a) Procure or cause to be procured the insurance coverage described below in the limits hereinafter provided, and provide Lessor with certified copies of all such insurance or, with the written approval of Lessor, certificates of such insurance in form satisfactory to Lessor. All such insurance shall comply with any requirements of Articles 14 and 21.
(b) Obtain the approval of Lessor of the general contractor in respect of any Bonded Contracts, which approval shall not be unreasonably withheld or delayed. Lessor hereby 13 approves Devcon Construction Company, and Lessor shall approve any other contractor with an equivalent reputation and bonding capacity. If Lessor fails to approve the general contractor, Lessee shall provide Lessor with performance and payment bonds naming Lessor as an additional obligee, which shall cover payment of all obligations arising under the Bonded Contracts in connection with the construction of the Initial Improvements or any subsequent Alterations, as the case may be, and guaranteeing the completion of such construction, and payment in full of all claims for labor performed and materials supplied for such construction. The bonds shall be issued by a responsible surety company, licensed to do business in California, in an amount not less than the amount of the Bonded Contracts and shall remain in effect until the entire cost of the work shall have been paid in full. As used herein, the term "Bonded Contracts" means the general contract and any construction contract separate from the general contract that is for $100,000 or more. The bonds shall state that they are conditioned to secure the completion of the work under the Bonded Contracts, free from all liens and claims of contractors, subcontractors, mechanics, laborers, and material suppliers; and that the construction work shall be completed in accordance with the terms of the respective Bonded Contract by the contractor thereunder, or, on its default, the surety.
(c) During the course of construction, to the extent not covered by property insurance maintained by Lessee pursuant to Article 21, maintain or caused to be maintained a comprehensive "all risk" builder's risk insurance, including vandalism and malicious mi...
Prerequisites to Commencement of Construction. (a) In addition to all other requirements set forth in this Section 8, before commencing the construction of the Project or any Alterations and before any building materials have been delivered to the Premises by PEF or under PEF's authority, PEF shall obtain and maintain, or cause to be obtained and maintained, at its own expense, the following insurance coverage in full force and effect to cover all activities contemplated herein throughout the term of this Lease, unless otherwise specified:
(i) Broad form commercial general liability insurance, including products, completed operations and contractual liability coverage in limits of not less than $1 million per occurrence combined single limit for bodily injury and property damage. This insurance shall include coverage related to any construction exposure.
(ii) Statutory workers' compensation insurance in legally required limits.
(iii) Employers' liability insurance with limits of not less than $1 million per occurrence.
(iv) Excess liability insurance providing excess commercial general liability, automobile liability and employers' liability insurance with a limit not less than $24 million per occurrence.
(v) At the sole discretion of PEF, either (A) pollution liability insurance, including liability and site remediation coverage for both sudden and accidental and non-sudden occurrences with limits of the greater of $5 million per occurrence combined single limit for bodily injury and property damage with $5 million annual aggregate, or such limits as may be required according to applicable CFR Codes of the State of California, or (B) in the event that PEF elects, in its sole discretion, not to obtain and maintain, or cause to be obtained and maintained, pollution liability insurance as contemplated by this Section 8.4(a)(v), PEF shall cause a guaranty, in form and substance substantially equivalent to the decommissioning security contemplated by Section 8.14, or otherwise in form and substance satisfactory to Ranchcorp, to be issued by Calpine Corporation, a Delaware corporation ("Calpine"), in favor of Ranchcorp (a "Calpine Guaranty"), guaranteeing the payment and performance of all of PEF's obligations under Section 10, up to a maximum guaranteed amount of $5,000,000 per occurrence, with a $5,000,000 annual aggregate limit for all occurrences in any calendar year. If PEF has elected under Section 8.4(a)(v) not to maintain, or cause to be maintained, the pollution liability insurance as contemplated ...
Prerequisites to Commencement of Construction. (a) In addition to all other requirements set forth in this Section 8, before commencing the construction of the Project or any Alterations and before any building materials have been delivered to the Premises by PEF or under PEF's authority, PEF shall obtain and maintain, or cause to be obtained and maintained, at its own expense, the following insurance coverage in full force and effect to cover all activities contemplated herein throughout the term of this Lease, unless otherwise specified:
(i) Broad form comprehensive or commercial general liability insurance, including products, completed operations, and contractual liability coverage in limits of not less than $25 million per occurrence combined single limit for bodily injury and property damage.
(ii) Statutory workers' compensation insurance and employers' liability insurance in legally required limits.
(iii) Pollution liability insurance, including liability and site remediation coverage for both sudden and accidental and non-sudden occurrences with limits of the greater of $5 million per occurrence combined single limit for bodily injury and property damage with $5 million annual aggregate, or such limits as may be required according to applicable CFR Codes or the State of California.
(iv) Comprehensive automobile liability insurance covering all owned and non-owned and hired vehicles in limits of not less than $1 million per occurrence combined single limit for bodily injury and property damage, including all statutory coverage for all states of operation.
(v) All-risk" property insurance insuring all real and personal property at full replacement cost value, together with rent coverage/business interruption insurance in an amount necessary to satisfy PEF's rent obligations under this Lease.
