Public Liability and Property Damage. a. Lessee does hereby release Lessor and shall at all times indemnify and defend Lessor and save it harmless from and against all claims, suits, actions, damages, judgments, liabilities, fines, penalties, costs and expenses for loss of life, personal injury or damage to property arising from or out of occurrences during the Term within or upon the Premises occasioned wholly or in part by any act or omission of Lessee or breach of this Lease by Lessee or by any person or entity under its control. If Lessor shall be made a party to any litigation commenced by or against Lessee or by any third party, which litigation is related solely to Lessee's use or occupancy of the Premises and involves Lessor only as owner of the Premises, Lessee shall indemnify and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by Lessor in connection with such litigation. Provided, however, that this indemnity is not intended and shall not extend to any action filed by Lessee against Lessor as a result of any claimed breach of this Lease. b. Lessee also hereby releases Lessor from any and all liability arising from (i) the operation, conduct or management of or from any work or thing whatsoever done in, on or about the Premises or any building, structure, equipment (including, without limitation, plumbing, heating or air-conditioning equipment, water pipes and electrical wiring) or improvement now or hereafter erected or placed on the Premises. Section 9.02. Lessee will keep in effect at its sole cost and expense and with financially responsible insurance companies qualified to do business in the state in which the Premises is located and acceptable to Lessor (an "Insurer"), a comprehensive general liability policy either directly or indirectly covering the Premises and providing coverage with minimum limits of liability not less than $500,000.00 for bodily injury to one person, $1,000,000.00 for bodily injury to any group of persons as a result of one accident and $1,000,000.00 for property damage. Such policy shall name Lessor and a Mortgagee, if any, as additional insured and certificates that such insurance is in force shall be delivered to Lessor; such certificate containing an agreement by the Insurer that such policy shall not be cancelled or modified (as it applies to Lessor and a Mortgagee) without thirty (30) days' prior written notice to Lessor and a Mortgagee by registered mail, return receipt requested, and that no act or omission by Lessee shall invalidate such policy as it applies to Lessor or Mortgagee. Section 9.03. Lessee shall bring or keep property upon the Premises solely at its own risk, and Lessor shall not be liable for any damages thereto or any theft thereof. Lessee shall maintain tire and extended coverage insurance, which may include self-insurance, covering such personal property in such amounts and against such risks as is customarily maintained by similar businesses, and provide Lessor with evidence of such insurance coverage.
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Samples: Assignment of Lease and Option (Waste Technology Corp)
Public Liability and Property Damage. a. Lessee does hereby release Lessor and shall at all times indemnify and defend Lessor and save it harmless from and against all claims, suits, actions, damages, judgments, liabilities, fines, penalties, costs and expenses for loss of life, personal injury or damage to property arising from or out of occurrences during During the Term within or upon the Premises occasioned wholly or in part by any act or omission of Lessee or breach life of this Lease Contract, the Contractor shall secure, pay for and maintain Public Liability and Property Damage Insurance protecting the Contractor from any and all claims and actions for damage, for personal injury, including accidental death and for property damage which may directly or indirectly arise from, grow out of, or be attributable to, his operations or performance under this Contract, whether such operations by Lessee the Contractor or by a Subcontractor, or by any person directly or entity under its control. If Lessor shall be made a party to indirectly employed by either or any litigation commenced by or against Lessee or by any third partyof them, which litigation is related solely to Lessee's use or occupancy of the Premises and involves Lessor only as owner of the Premises, Lessee said insurance shall indemnify and hold Lessor save harmless the City, its officers, employees, agents and shall pay representatives from all costsactions, expenses and reasonable attorneys' fees incurred causes of action, claims, debts or paid by Lessor in connection with such litigation. Provided, however, that this indemnity is not intended and shall not extend to any action filed by Lessee against Lessor as a result demands of any claimed breach and every kind or nature whatsoever, by reason of, growing of, out of, or attributable to the work to be performed under said Contract, and the amount of this Lease.
b. Lessee also hereby releases Lessor from any and all liability arising from (i) the operation, conduct or management such insurance shall be in an amount of or from any work or thing whatsoever done in, on or about the Premises or any building, structure, equipment (including, without limitation, plumbing, heating or air-conditioning equipment, water pipes and electrical wiring) or improvement now or hereafter erected or placed on the Premises.
Section 9.02. Lessee will keep in effect at its sole cost and expense and with financially responsible insurance companies qualified to do business in the state in which the Premises is located and acceptable to Lessor (an "Insurer"), a comprehensive general liability policy either directly or indirectly covering the Premises and providing coverage with minimum limits of liability not less than One Million Dollars ($500,000.00 1,000,000) combined single limit for bodily injury injuries, including accidental death and property damage on account of any one occurrence. The following ENDORSEMENTS are required to one personbe placed on a Separate Endorsement to the policy furnished:
1) The City of Burbank, $1,000,000.00 000 Xxxx Xxxxx Xxxxxx, Xxxxxxx, XX 00000, its officers, employees, agents and representatives are named as additional insureds (“additional insureds”) with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured.
2) With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for bodily injury the benefit of the additional insureds.
3) This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any group of persons person or organization as an insured shall not affect any right which such person or organization would have as a result of one accident and $1,000,000.00 for property damage. Such policy shall name Lessor and a Mortgageeclaimant if not so included.
4) With respect to the additional insureds, if any, as additional insured and certificates that such this insurance is in force shall be delivered to Lessor; such certificate containing an agreement by the Insurer that such policy shall not be cancelled canceled, or modified (as it applies to Lessor and a Mortgagee) without materially reduced in coverage or limits except after thirty (30) days' prior days written notice has been given to Lessor the City of Burbank, Purchasing Division, 000 X. Xxxxx Xxx., Xxxxxxx, XX 00000. If the vendor’s insurance company will not use the City’s Separate Endorsement Form it may submit standard endorsement forms for review and approval by the Burbank City Attorney’s Office. The City requires coverage for both “ongoing operations” and “products-completed operations hazard.” In order to satisfy the requirement, the vendor’s insurance company shall submit both a Mortgagee by registered mail, return receipt requested, CG 20 10 and that no act CG 20 37 endorsement or omission by Lessee shall invalidate such policy as it applies similar forms acceptable to Lessor or Mortgageethe City Attorney’s Office.
Section 9.03. Lessee shall bring or keep property upon the Premises solely at its own risk, and Lessor shall not be liable for any damages thereto or any theft thereof. Lessee shall maintain tire and extended coverage insurance, which may include self-insurance, covering such personal property in such amounts and against such risks as is customarily maintained by similar businesses, and provide Lessor with evidence of such insurance coverage.
Appears in 1 contract
Public Liability and Property Damage. a. Lessee Section 9.01.
(a) Tenant does hereby release Lessor Landlord and shall at all times indemnify and defend Lessor Landlord and save it harmless from and against all claims, suits, actions, damages, judgments, liabilities, fines, penalties, costs and expenses for loss of life, personal injury or damage to property (i) arising from or out of occurrences during the Term within or upon the Premises (without regard to the cause or claimed cause thereof whether such loss of life, personal injury or damage to property be due to any negligence including the negligence or other act or omission of Landlord, or its officers, agents, invitees or employees occurring following the execution of this Lease), or (ii) by reason of the occupancy or use of the Premises by Tenant, or (iii) occasioned wholly or in part by any act or omission of Lessee Tenant or breach of this Lease by Lessee Tenant or by any person its agents, invitees, contractors, customers, employees, servants, lessees or entity under its controlconcessionaires. If Lessor Landlord shall be made a party to any litigation commenced by or against Lessee Tenant or by any third party, which litigation is related solely to Lesseeparty and connected in any way with this Lease or Tenant's use or occupancy of the Premises and involves Lessor only as owner of the Premises, Lessee Tenant shall indemnify and hold Lessor Landlord harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by Lessor Landlord in connection with such litigation. Provided, however, that this indemnity is not intended and shall not extend to any action filed by Lessee against Lessor as a result of any claimed breach of this Lease.
b. Lessee (b) Tenant also hereby releases Lessor Landlord from any and all liability arising from (i) the operation, conduct or management of or from any work or thing whatsoever done in, on or about the Premises or any building, structure, equipment (including, without limitation, plumbing, heating or air-conditioning equipment, elevators, water pipes and electrical wiring) or improvement now or hereafter erected or placed on or adjacent to the Premises.
Section 9.02. Lessee will keep in effect at its sole cost and expense and with financially responsible insurance companies qualified , (ii) any condition of any sidewalk, alley, or driveway adjacent to do business in the state in which the Premises is located and acceptable to Lessor Premises, (an "Insurer"), a comprehensive general liability policy either directly or indirectly covering the Premises and providing coverage with minimum limits of liability not less than $500,000.00 for bodily injury to one person, $1,000,000.00 for bodily injury to iii) any group of persons as a result of one accident and $1,000,000.00 for property damage. Such policy shall name Lessor and a Mortgagee, if any, as additional insured and certificates that such insurance is in force shall be delivered to Lessor; such certificate containing an agreement by the Insurer that such policy shall not be cancelled or modified (as it applies to Lessor and a Mortgagee) without thirty (30) days' prior written notice to Lessor and a Mortgagee by registered mail, return receipt requested, and that no act or omission by Lessee shall invalidate such policy as it applies to Lessor of co-tenants or Mortgagee.
Section 9.03. Lessee shall bring or keep property upon other occupants, including assignees and subtenants of the Premises solely at its own riskor of adjoining or contiguous property or buildings, and Lessor (iv) any act or omission of Landlord, its agents, servants or employees unless such act or omission shall not be liable for any damages thereto constitute gross or any theft thereof. Lessee shall maintain tire and extended coverage insurance, which may include self-insurance, covering such personal property in such amounts and against such risks as is customarily maintained by similar businesses, and provide Lessor with evidence of such insurance coveragewillful negligence.
Appears in 1 contract
Public Liability and Property Damage. a. Lessee does hereby release Lessor The Contractor shall maintain in force for the duration of the Contract, to include the warranty period, a Commercial General Liability insurance policy written on an occurrence basis with limits not less than $2,000,000 per occurrence and shall at all times indemnify $3,000,000 in the aggregate. The policy will be endorsed with Additional Insured, Per Project Aggregate, Products and defend Lessor Completed Operations and save it harmless from Primary and against all claimsNoncontributory endorsements. The City, suitsits employees, actions, damages, judgments, liabilities, fines, penalties, costs officials and expenses for loss of life, personal agents will be named as Additional Insured’s where operations are being conducted related to this Contract on the Commercial General policy as respects to work or services performed under this Contract to the extent that the death or bodily injury to persons or damage to property arising from or arises out of occurrences during the Term within fault of the Contractor or upon the Premises occasioned wholly fault of the Contractor’s agents, representatives or Subcontractors. The following statement will appear on the face of the certificate; “The City, its employees, officials and agents are all named as additional insured while acting in part by any act or omission their capacity as such.” The City’s Additional Insured status for Products and Completed Operations hazards shall extend for at least one year beyond formal Council acceptance of Lessee or breach of this Lease by Lessee or by any person or entity under its controlthe project. If Lessor This insurance shall be made a party primary and shall be paid and applied first in its entirety prior to any litigation commenced by application of insurance the CITY may carry on its own. A 30-day notice of cancellation or against Lessee or by any third party, which litigation is related solely to Lessee's use or occupancy material change in coverage clause shall be included. The Contractor shall maintain in force for the duration of the Premises Contract, to include the warranty period, an Automobile Liability insurance policy (owned, non-owned, and involves Lessor only as owner of the Premises, Lessee shall indemnify and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by Lessor in connection hired) with such litigation. Provided, however, that this indemnity is not intended and shall not extend to any action filed by Lessee against Lessor as a result of any claimed breach of this Lease.
b. Lessee also hereby releases Lessor from any and all liability arising from (i) the operation, conduct or management of or from any work or thing whatsoever done in, on or about the Premises or any building, structure, equipment (including, without limitation, plumbing, heating or air-conditioning equipment, water pipes and electrical wiring) or improvement now or hereafter erected or placed on the Premises.
Section 9.02. Lessee will keep in effect at its sole cost and expense and with financially responsible insurance companies qualified to do business in the state in which the Premises is located and acceptable to Lessor (an "Insurer"), a comprehensive general liability policy either directly or indirectly covering the Premises and providing coverage with minimum limits of liability not less than $500,000.00 for 1,000,000 per occurrence. The policy will be endorsed with Additional Insured and Primary and Noncontributory endorsements. The City, its employees, officials and agents will be named as Additional Insured’s where operations are being conducted related to this Contract on the Automobile Liability policy as respects to work or services performed under this Contract to the extent that the death or bodily injury to one personpersons or damage to property arises out of the fault of the Contractor or the fault of the Contractor’s agents, $1,000,000.00 for bodily injury to any group representatives or Subcontractors. The following statement will appear on the face of persons as a result of one accident the certificate; “The City, its employees, officials and $1,000,000.00 for property damage. Such policy shall name Lessor and a Mortgagee, if any, agents are all named as additional insured and certificates that such while acting in their capacity as such.” This insurance is in force shall be delivered primary and shall be paid and applied first in its entirety prior to Lessor; such certificate containing an agreement by any application of insurance the Insurer that such policy CITY may carry on its own. A 30-day notice of cancellation or material change in coverage clause shall not be cancelled or modified (as it applies to Lessor and a Mortgagee) without thirty (30) days' prior written notice to Lessor and a Mortgagee by registered mail, return receipt requested, and that no act or omission by Lessee shall invalidate such policy as it applies to Lessor or Mortgageeincluded.
Section 9.03. Lessee shall bring or keep property upon the Premises solely at its own risk, and Lessor shall not be liable for any damages thereto or any theft thereof. Lessee shall maintain tire and extended coverage insurance, which may include self-insurance, covering such personal property in such amounts and against such risks as is customarily maintained by similar businesses, and provide Lessor with evidence of such insurance coverage.
Appears in 1 contract
Samples: Contract
Public Liability and Property Damage. a. Lessee does hereby release Lessor The Contractor shall maintain in force for the duration of the Contract, to include the warranty period, a Commercial General Liability insurance policy written on an occurrence basis with limits not less than $1,000,000 per occurrence and shall at all times indemnify $2,000,000 in the aggregate. The policy will be endorsed with Additional Insured, Per Project Aggregate, Products and defend Lessor Completed Operations and save it harmless from Primary and against all claimsNoncontributory endorsements. The City, suitsits employees, actions, damages, judgments, liabilities, fines, penalties, costs officials and expenses for loss of life, personal agents will be named as Additional Insured’s where operations are being conducted related to this Contract on the Commercial General policy as respects to work or services performed under this Contract to the extent that the death or bodily injury to persons or damage to property arising from or arises out of occurrences during the Term within fault of the Contractor or upon the Premises occasioned wholly fault of the Contractor’s agents, representatives or Subcontractors. The following statement will appear on the face of the certificate; “The City, its employees, officials and agents are all named as additional insured while acting in part by any act or omission their capacity as such.” The City’s Additional Insured status for Products and Completed Operations hazards shall extend for at least one year beyond formal Council acceptance of Lessee or breach of this Lease by Lessee or by any person or entity under its controlthe project. If Lessor This insurance shall be made a party primary and shall be paid and applied first in its entirety prior to any litigation commenced by application of insurance the CITY may carry on its own. A 30-day notice of cancellation or against Lessee or by any third party, which litigation is related solely to Lessee's use or occupancy material change in coverage clause shall be included. The Contractor shall maintain in force for the duration of the Premises Contract, to include the warranty period, an Automobile Liability insurance policy (owned, non-owned, and involves Lessor only as owner of the Premises, Lessee shall indemnify and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by Lessor in connection hired) with such litigation. Provided, however, that this indemnity is not intended and shall not extend to any action filed by Lessee against Lessor as a result of any claimed breach of this Lease.
b. Lessee also hereby releases Lessor from any and all liability arising from (i) the operation, conduct or management of or from any work or thing whatsoever done in, on or about the Premises or any building, structure, equipment (including, without limitation, plumbing, heating or air-conditioning equipment, water pipes and electrical wiring) or improvement now or hereafter erected or placed on the Premises.
Section 9.02. Lessee will keep in effect at its sole cost and expense and with financially responsible insurance companies qualified to do business in the state in which the Premises is located and acceptable to Lessor (an "Insurer"), a comprehensive general liability policy either directly or indirectly covering the Premises and providing coverage with minimum limits of liability not less than $500,000.00 for 1,000,000 per occurrence. The policy will be endorsed with Additional Insured and Primary and Noncontributory endorsements. The City, its employees, officials and agents will be named as Additional Insured’s where operations are being conducted related to this Contract on the Automobile Liability policy as respects to work or services performed under this Contract to the extent that the death or bodily injury to one personpersons or damage to property arises out of the fault of the Contractor or the fault of the Contractor’s agents, $1,000,000.00 for bodily injury to any group representatives or Subcontractors. The following statement will appear on the face of persons as a result of one accident the certificate; “The City, its employees, officials and $1,000,000.00 for property damage. Such policy shall name Lessor and a Mortgagee, if any, agents are all named as additional insured and certificates that such while acting in their capacity as such.” This insurance is in force shall be delivered primary and shall be paid and applied first in its entirety prior to Lessor; such certificate containing an agreement by any application of insurance the Insurer that such policy CITY may carry on its own. A 30-day notice of cancellation or material change in coverage clause shall not be cancelled or modified (as it applies to Lessor and a Mortgagee) without thirty (30) days' prior written notice to Lessor and a Mortgagee by registered mail, return receipt requested, and that no act or omission by Lessee shall invalidate such policy as it applies to Lessor or Mortgageeincluded.
Section 9.03. Lessee shall bring or keep property upon the Premises solely at its own risk, and Lessor shall not be liable for any damages thereto or any theft thereof. Lessee shall maintain tire and extended coverage insurance, which may include self-insurance, covering such personal property in such amounts and against such risks as is customarily maintained by similar businesses, and provide Lessor with evidence of such insurance coverage.
Appears in 1 contract
Samples: Contract
