Common use of Public Liability Insurance Clause in Contracts

Public Liability Insurance. (a) Subtenant shall obtain and keep in force during the Sublease Term a commercial general liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant thereto, and under which the insurer agrees to indemnify and hold Sublandlord, Agent and those in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord shall from time to time reasonably request, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this Sublease. (b) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area of the Property.

Appears in 2 contracts

Samples: Sublease (Upstream Bio, Inc.), Sublease (Upstream Bio, Inc.)

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Public Liability Insurance. (a) Subtenant shall obtain 12.1 Tenant shall, at its sole cost and keep in force during expense, procure and maintain throughout the Sublease Term of this lease a commercial general policy or policies of insurance, insuring Tenant, Landlord and any other persons designated by Landlord against any and all liability policy for injury to or death of insurance with coverages acceptable a person or persons and for damage to Sublandlord, in Sublandlord’s reasonable discretion, which, property occasioned by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance condition of the Subleased Premises, the use or occupancy of the Premises and all areas appurtenant theretoor any construction work being done on the Premises by Tenant, and under which the insurer agrees to indemnify and hold Sublandlordor if applicable, Agent and those in privity boiler explosion. The limits of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance such policy shall be written on an occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 Limits described herein and shall be written by an insurance company or such greater amounts companies reasonably satisfactory to Landlord. Such policies shall be non-cancelable except after ten (10) days’ written notice to Landlord and designees of Landlord. Such policies or duly executed certificates of Insurance with respect thereto shall be delivered to Landlord prior to the Rental Commencement Date and renewals thereof as Sublandlord required shall be delivered to Landlord within thirty (30) days request from time to time reasonably request, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this SubleaseLandlord. (b) Subtenant shall, at 12.2 At all times during the term hereofTerm of this Lease, maintain the following insurance with coverages reasonably acceptable to SublandlordLandlord shall maintain: (i) workers’ compensation insurance standard all-risk fire and casualty insurance, covering the Shopping Center in amounts at least equal to ninety percent (90%) of the replacement cost of the Shopping Center at the time in question, but in no event less than such coverage as is required by applicable law, to avoid coinsurance provisions; (ii) employers comprehensive public liability insurance with minimum limits of at least $1,000,000 per 2,000,000 for injury to or death of one or more persons in any one occurrence and $2,000,000 for damage to or destruction of property in any one occurrence, ; and (iii) automobile liability such other insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance coverage as is customarily carried in respect of comparable shopping centers. At the Tenant’s request the Landlord shall furnish the Tenant a certificate or certificates of insurance certifying that the insurance coverage required hereby is in force. Any insurance required by Sublandlords owning similar real property in the geographical area terms of this Lease to be carried by the Landlord may be under a blanket policy (or policies) covering other properties of the Property.Landlord and/or its related or affiliated corporations. If such insurance is maintained under a blanket policy the Landlord shall procure and deliver to the Tenant a statement from the insurer or general agent of the insurer setting forth the coverage maintained and the amounts thereof allocated to the risks intended to be insured hereunder Please initial: Landlord: Tenant:

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (First State Financial Corp/Fl)

Public Liability Insurance. (a) Subtenant Tenant shall obtain and keep in force during the Sublease Term term of this Lease a commercial general liability policy of insurance with coverages acceptable to SublandlordLandlord, in SublandlordLandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant Tenant and Sublandlord Landlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant thereto, and under which the insurer agrees to indemnify and hold SublandlordLandlord, Agent and those in privity of estate with SublandlordLandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord Landlord shall from time to time reasonably request, with an “Additional Insured-Managers and Sublandlords Landlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease Lease as an “insured contract” for the performance of SubtenantTenant’s indemnity obligations under this SubleaseLease. (b) Subtenant Tenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to SublandlordLandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and (iv) business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord Landlord shall have the right to require Subtenant Tenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords landlords owning similar real property in the geographical area of the Property.

Appears in 2 contracts

Samples: Sublease (Upstream Bio, Inc.), Sublease (Upstream Bio, Inc.)

Public Liability Insurance. (a) Subtenant shall obtain Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this Lease, and keep thereafter, so long as Tenant is in force during occupancy of any part of the Sublease Term Premises, a commercial policy of general liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based uponinsurance under which Landlord (and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time), involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant theretoMassport are named as additional insureds, and under which the insurer agrees to indemnify and hold SublandlordLandlord, Agent Massport and those in privity of estate with SublandlordLandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries injuries, and damages set forth in Section 10.1l0.1.1 of this Article, in the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. Such insurance Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport and Landlord’s said designees of which Tenant has written on an occurrence basis providing coverage notice without thirty (30) days prior notice to Landlord, and shall be in an amount not less than at least in the amounts of the Initial Public Liability Insurance specified set forth in Section 1.3 1.1, or in such greater amounts higher limits as Sublandlord Landlord shall from time to time reasonably requestrequest if, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this Sublease. (b) Subtenant shall, at all times during the term hereofTerm of this Lease, maintain such higher limits are carried customarily in the following insurance Greater Boston Area with coverages reasonably acceptable respect to Sublandlord: (i) workers’ compensation insurance similar properties. Tenant agrees that, as required by applicable lawa condition to first entering the Premises, (ii) employers liability insurance Landlord shall be furnished with limits a duplicate original or certificate of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance Premises as is customarily required by Sublandlords owning similar real property in the geographical area well as other premises of the PropertyTenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23.

Appears in 2 contracts

Samples: Lease Agreement (Akouos, Inc.), Lease Agreement (Akouos, Inc.)

Public Liability Insurance. (a) Subtenant shall obtain Txxxxx agrees to maintain in full force and keep effect from the date on which Txxxxx first enters the Premises for any reason, throughout the Lease Term, and thereafter so long as Tenant is in force during occupancy of any part of the Sublease Term Premises, a commercial general liability policy of Commercial General Liability insurance in accordance with coverages acceptable the broadest form of such coverage as is available from time to Sublandlordtime in the jurisdiction in which the Premises are located. The minimum limits of liability of such insurance shall be $3 million per occurrence, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord Bodily Injury Liability (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant theretoincluding death), and under $1,000,000 per occurrence, Property Damage Liability, or shall be for such higher limits, if directed by Lxxxxxxx, as are customarily carried in that area in which the insurer Building is located upon first class office buildings. Such insurance shall be on an occurrence form and non-contributory. The policy shall also include, but shall not be limited to, the following extensions of coverage: (i) Contractual Liability, covering Tenant's liability assumed under this Lease; (ii) Personal Injury Liability in the amount of $3 million annual aggregate, expressly deleting the exclusion relating to contractual assumptions of liability; (iii) Civil Assault and Battery coverage. Txxxxx further agrees to indemnify maintain a Workers' Compensation and hold SublandlordEmployers' Liability Insurance policy. The limit of liability as respects Employers' Liability coverage shall be no less than $100,000 per accident. Except for Workers' Compensation and Employers' Liability coverage, Agent Txxxxx agrees that Landlord (and those such other persons as are in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising Landlord as may be set out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord shall notice from time to time reasonably requesttime) are named as additional insureds. Further, all policies shall be noncancellable with an “Additional Insured-Managers respect to Landlord and Sublandlords Lxxxxxxx's said designees without 30 days' prior written notice to Landlord. A duplicate original or a Certificate of Premises Endorsement” and contain Insurance evidencing the “Amendment above agreements shall be delivered to Landlord upon the execution of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this SubleaseLease. (b) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area of the Property.

Appears in 2 contracts

Samples: Office Lease (Paratek Pharmaceuticals, Inc.), Office Lease (Paratek Pharmaceuticals, Inc.)

Public Liability Insurance. Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Lease Term, and thereafter so long as Tenant is in occupancy of any part of the Premises, (a) Subtenant shall obtain and keep in force during the Sublease Term a policy of commercial general liability policy of insurance insurance, written on an occurrence basis with coverages acceptable a general aggregate per location extension and including contractual liability coverage to Sublandlordcover any liabilities assumed under this Lease, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) insuring against all claims for bodily injury, property damage, personal injury and property damage based upon, involving or advertising injury on or about the Premises or arising out of the use, occupancy or maintenance use of the Subleased Premises and all areas appurtenant theretoPremises, including products liability, and under which the insurer agrees to indemnify and hold Sublandlordcompleted operations liability, Agent and those in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord shall from time to time reasonably request, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this Sublease. (b) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption $2,000,000, general aggregate, (b) automobile liability insurance covering all owned vehicles, hired vehicles, and extra expense insuranceall other non-owned vehicles in the amount of at least $1,000,000 combined single limit, (c) worker’s compensation insurance in accordance with applicable statutory legal requirements, and (d) employer’s liability insurance with a limit of not less than $1,000,000 or such other higher limits imposed by Requirements, and (e) umbrella/excess insurance on a following-form basis in excess of the foregoing coverages in the amount of at least $5,000,000 per occurrence. In addition The general liability and umbrella policies shall designate Landlord, its managing agent, if any, and any mortgagees (as may be set forth in a notice given from time to time by Landlord) as additional insureds, as their interests appear, and shall be in form and substance reasonably satisfactory to Landlord. Each such policy shall not expire or be amended or canceled without at least fifteen (15) days’ prior written notice to Landlord in each instance and each policy shall provide that the interests of Landlord thereunder or therein shall not be affected by any breach by Tenant of any policy provision. A certificate evidencing such insurance coverages shall be delivered to Landlord on or prior to the Commencement Date, and thereafter on an annual basis (and in any event not less than twenty-four (24) hours prior to the expiration thereof). Each such policy shall be written by insurance required companies licensed in the Commonwealth of Massachusetts, having a rating in Best’s Key Rating Guide (i)or any successor thereto, (ii)or if there be none, (iiian insurance rating organization having a national reputation) of at least “A-” and (iv) above, Sublandlord a financial size category of not less than “Class VII.” Tenant shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area any of the Propertygeneral liability insurance required hereunder pursuant to a blanket general liability policy covering other properties provided the blanket policy contains an endorsement that names Landlord, Landlord’s managing agent and any mortgagees (as may be set forth in a notice given from time to time by Landlord), as additional insureds, references the Premises.

Appears in 1 contract

Samples: Lease Agreement (LogMeIn, Inc.)

Public Liability Insurance. (a) Subtenant Xxxxxx agrees to maintain in full force and effect from the date on which Xxxxxx first enters the Premises for any reason, throughout the Lease Term, and thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of Commercial General Liability insurance on an occurrence basis in accordance with the broadest form of such coverage as is available from time to time in the jurisdiction in which the Premises are located. The minimum limits of liability of such insurance shall obtain and keep be $3,000,000 combined single limit or shall be for such higher limits, if directed by Landlord, as are customarily carried in force that area in which the Building is located upon buildings such as the Building, but Landlord shall not require higher limits during the Sublease Term a commercial general liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out first five years of the useterm of this Lease. The policy shall also include, occupancy or maintenance but shall not be limited to the following extensions of coverage: 1. Contractual Liability, covering Tenant's liability assumed under this Lease; and 2. Personal Injury Liability in the Subleased Premises amount of $3 million annual aggregate, expressly deleting the exclusion relating to contractual assumptions of liability. Tenant's insurance under this Section 9.2 may be provided by a primary policy and all areas appurtenant thereto, and under which the insurer a so-called umbrella policy. Xxxxxx further agrees to indemnify maintain a Workers' Compensation and hold SublandlordEmployer's Liability Insurance policy. The limit of liability as respects Employers' Liability coverage shall be no less than $5,000,000 per accident. Except for Workers' Compensation and Employers' Liability coverage, Agent Xxxxxx agrees that Landlord (and those such other persons as are in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising Landlord as may be set out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord shall notice from time to time reasonably requesttime) are named as additional insureds on a primary basis. Further, all policies shall be noncancellable and nonamendable with an “Additional Insured-Managers respect to Landlord and Sublandlords Xxxxxxxx's said designees without 30 days' prior written notice to landlord. A duplicate original or a Certificate of Premises Endorsement” and contain Insurance evidencing the “Amendment of above agreements shall be delivered to Landlord prior to entry on the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this SubleasePremises. (b) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area of the Property.

Appears in 1 contract

Samples: Office Lease (Keane Inc)

Public Liability Insurance. (a) Subtenant shall obtain Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this Lease, and keep thereafter, so long as Tenant is in force during occupancy of any part of the Sublease Term Premises, a commercial policy of general liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based uponinsurance under which Landlord (and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time), involving or arising out of and the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant theretoMassachusetts Port Authority are named as additional insureds, and under which the insurer agrees to indemnify and hold SublandlordLandlord, Agent the Massachusetts Port Authority and those in privity of estate with SublandlordLandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries injuries, and damages set forth in Section 10.110.1.1 of this Article, in the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. Such insurance Each such policy shall be non-cancelable and non-amendable with respect to Landlord, the Massachusetts Port Authority and Landlord's said designees of which Tenant has written on an occurrence basis providing coverage notice without thirty (30) days prior notice to Landlord, and shall be in an amount not less than at least in the amounts of the Initial Public Liability Insurance specified set forth in Section 1.3 1.1, or in such greater amounts higher limits as Sublandlord Landlord shall from time to time reasonably requestrequest if, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this Sublease. (b) Subtenant shall, at all times during the term hereofTerm of this Lease, maintain such higher limits are carried customarily in the following insurance Greater Boston Area with coverages reasonably acceptable respect to Sublandlord: (i) workers’ compensation insurance similar properties. Tenant agrees that, as required by applicable lawa condition to first entering the Premises, (ii) employers liability insurance Landlord shall be furnished with limits a duplicate original or certificate of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance Premises as is customarily required by Sublandlords owning similar real property in the geographical area well as other premises of the PropertyTenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant's insurance coverage, shall be deemed to limit or restrict in any way Tenant's liability arising under or out of this Lease, including, without limitation, Tenant's liabilities and obligations under Section 6.23.

Appears in 1 contract

Samples: Lease (908 Devices Inc.)

Public Liability Insurance. (a) Subtenant shall obtain Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this Lease, and keep thereafter so long as Tenant is in force during occupancy of any part of the Sublease Term Premises, a policy of commercial general liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based uponinsurance (including broad form contractual liability, involving or arising independent contractor’s hazard and completed operations coverage) under which Tenant is named as an insured and Landlord, Agent (and any mortgagee and/or ground landlord of Landlord as may be set out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant theretoin a notice from time to time) are named as additional insureds, and under which the insurer agrees to indemnify and hold SublandlordLandlord, Agent and those in privity of estate with SublandlordLandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such Tenant may satisfy such insurance requirements by including the Premises in a so-called “blanket” and/or “umbrella” insurance policy, provided that the amount of coverage allocated to the Premises shall fulfill the foregoing requirements. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Agent and Landlord’s said designees without thirty (30) days’ prior notice, shall be written on an occurrence basis providing coverage “occurrence” basis, and shall be in an amount not less than at least the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord Landlord shall from time to time reasonably requestrequest (but not more frequently than annually unless a Default of Tenant exists), and a duplicate original or certificates thereof satisfactory to Landlord, together with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment a photocopy of the Pollution Exclusion” for damage caused by heatentire policy, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this Subleasebe delivered to Landlord. (b) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area of the Property.

Appears in 1 contract

Samples: Lease (Bright Horizons Family Solutions Inc.)

Public Liability Insurance. (a) Subtenant shall obtain Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this Lease, and keep thereafter so long as Tenant is in force during occupancy of any part of the Sublease Term Premises, a policy of commercial general liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based uponinsurance (including broad form contractual liability, involving or arising independent contractor’s hazard and completed operations coverage) under which Tenant is named as an insured and Landlord, Agent (and such other persons as are in privity of estate with Landlord as may be set out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant theretoin a notice from time to time) are named as additional insureds, and under which the insurer agrees to indemnify and hold SublandlordLandlord, Agent and those in privity of estate with SublandlordLandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Agent and Landlord’s said designees without thirty (30) days’ prior notice, shall be written on an occurrence basis providing coverage “occurrence” basis, and shall be in an amount not less than at least the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord Landlord shall from time to time reasonably request, with and a duplicate original thereof shall be delivered to Landlord. Such policies shall have an “Additional Insured-Managers and Sublandlords Landlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease Lease as an “insured contract” for the performance of SubtenantTenant’s indemnity obligations under this SubleaseLease. (b) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area of the Property.

Appears in 1 contract

Samples: Assignment and Assumption (Rhythm Holding Company, LLC)

Public Liability Insurance. Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Lease Term, and thereafter so long as Tenant is in occupancy of any part of the Premises: (a) Subtenant shall obtain and keep in force during the Sublease Term a commercial general liability policy of Commercial General Liability insurance (most recent form — CG 0001 or equivalent form), written on an occurrence basis with coverages acceptable a general aggregate per location extension and including contractual liability coverage to Sublandlordcover liabilities assumed under this Lease, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) insuring against claims for bodily injury, property damage, personal injury and property damage based upon, involving or advertising injury on or about the Premises or arising out of the use, occupancy or maintenance use of the Subleased Premises with limits of not less than $1,000,000 per occurrence, $2,000,000 aggregate. Commercial General Liability insurance regarding products liability and all areas appurtenant theretocompleted operations liability shall be in substantially similar form, and under which except that the insurer agrees to indemnify and hold Sublandlord, Agent and those in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall policy will be written on a claims made basis with minimum limits of $5,000,000. If the claims made coverage contains a retroactive date, the date cannot be after the Effective Date without an occurrence basis providing coverage in an amount not less than extended reporting period endorsement (ERP) that applies throughout the amounts Term of this Lease and all subsequent extensions of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord shall from time to time reasonably request, with an “Additional Insured-Managers and Sublandlords Term of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this SubleaseLease. (b) Subtenant shallBusiness Automobile Liability Insurance on an “occurrence” basis, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits a combined single limit of at least not less than $1,000,000 per occurrenceoccurrence covering bodily injury and property damage liability arising out of the use by or on behalf of Tenant, (iii) automobile liability insurance for its agents and employees of Tenant covering any owned, non-owned (i.e., leased or rented) or hired motor vehicle or automotive equipment. (c) worker’s compensation insurance in accordance with applicable statutory legal requirements. (d) Employer’s Liability insurance with a limit of not less than $1,000,000.00 per accident, a $1,000,000.00 policy limit, and hired vehicles $1,000,000.00 disease limit per employee. (e) Umbrella/excess liability in the amount of not less than $8,000,000 per occurrence/aggregate excess of Commercial General Liability (excluding the Products Liability coverage), Employers Liability and Business Auto Liability. (f) Professional Liability coverage with limits of at least $1,000,000 per occurrence occurrence/aggregate. The general liability, products and business interruption auto policies shall designate Landlord, its managing agent, if any, and extra expense any mortgagees (and other designees of Landlord as may be set forth in a notice given from time to time by Landlord) as additional insureds, as their interests appear, utilizing forms CG2010 ed. 1085 or a combination of CG 2010 and CG 2037 for GL and similar for auto or equivalent forms). The umbrella form will contain a follow-form provision for all insureds covered on scheduled underlying insurance. In addition Tenant shall give Landlord written notice promptly after Tenant becomes aware of any cancellation of any insurance required to be carried by Tenant pursuant to this Lease. A certificate and applicable endorsements evidencing such insurance coverages (or, if requested by Landlord, a signed copy of such policy) prior to the insurance required Commencement Date, and thereafter on an annual basis (and in (iany event prior to the expiration thereof), (ii), (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the . The minimum limits of liability of such insurance shall be in an amount of not less than the greater of (a) $9,000,000.00 per occurrence/aggregate or (b) after the 8th Lease Year or such earlier time when insurance requirements warrant based on a change in the industry or in Tenant’s operations at the Premises, such amount as determined by Landlord from time-to-time in its insurance and/or obtain such additional insurance as is reasonable discretion to be the amounts then customarily required by Sublandlords owning similar real being carried on like property in the geographical area San Francisco area. All insurance required to be maintained by Tenant pursuant to this Section 13.2 may be provided under umbrella or blanket policies covering other locations operated by Tenant, provided that such umbrella or blanket policies otherwise comply with the provisions of the Propertythis Article XI.

Appears in 1 contract

Samples: Lease Agreement (Invitae Corp)

Public Liability Insurance. (a) Subtenant Tenant shall obtain and keep in force during the Sublease Term term of this Lease a commercial general liability policy of insurance with coverages acceptable to SublandlordLandlord, in SublandlordLandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant Tenant and Sublandlord Landlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant thereto, and under which the insurer agrees to indemnify and hold SublandlordLandlord, Agent and those in privity of estate with SublandlordLandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord Landlord shall from time to time reasonably request, with an “Additional Insured-Managers and Sublandlords Landlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease Lease as an “insured contract” for the performance of SubtenantTenant’s indemnity obligations under this SubleaseLease. (b) Subtenant Tenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlordno less than the following: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and (iv) business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord Landlord shall have the right to require Subtenant Tenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords landlords owning similar real property in the geographical area of the Property.

Appears in 1 contract

Samples: Lease (Cerevel Therapeutics Holdings, Inc.)

Public Liability Insurance. (a) Subtenant shall obtain Sublessee agrees to maintain in full force from the date upon which Sublessee first enters the Premises for any reason, throughout the Term of this Sublease, and keep thereafter so long as Sublessee is in force during occupancy of any part of the Sublease Term Premises, a commercial policy of general liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based uponinsurance (including broad form contractual liability, involving or arising independent contractor's hazard and completed operations coverage) under which Sublessor, Manager (and such other persons as are in privy of estate with Sublessor as may be set out of the use, occupancy or maintenance of the Subleased Premises in notice from time to time) and all areas appurtenant theretoSublessee are named as additional insureds, and under which the insurer agrees to defend, indemnify and hold SublandlordSublessor, Agent Manager, and those in privity of estate with SublandlordSublessor, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1Article 12. Such insurance Each such policy shall be written non-cancelable and non-amendable with respect to Sublessor, Manager and Sublessor's said designees without sixty (60) days' prior notice to Sublessor and shall be as follows: (1) Comprehensive general liability insurance to a limit of not less than two million ($2,000,000) dollars, endorsed for products and completed operations liability insurance, on an "occurrence basis providing coverage basis" against claims for "personal injury", including without limitation, bodily injury, death or property damages, occurring upon, in or about the land and buildings of which the Subleased Premises are a part as required pursuant to the Primary Sublease. (2) Worker's compensation and employer's liability insurance in an amount not less than the amounts and form which meets all applicable requirements of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts labor laws of the State of New Hampshire, as Sublandlord shall amended from time to time reasonably requesttime, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” which specifically covers the persons and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under risks involved in this Sublease. (b3) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers Automobile liability insurance with limits of at least in amounts approved from time to time by Sublessor, but not less than one million ($1,000,000 per occurrence, (iii1,000,000) automobile liability insurance dollars combined single limit for owned, hired and non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area of the Propertyautomobiles.

Appears in 1 contract

Samples: Sublease Agreement (Baycorp Holdings LTD)

Public Liability Insurance. (a) Subtenant shall obtain Tenant covenants and keep in force agrees with Landlord that during the Sublease Term a commercial general liability policy entire term of insurance with coverages acceptable to Sublandlordthis Lease, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant thereto, and under which the insurer agrees to Tenant will indemnify and hold Sublandlordsave harmless Landlord, Agent its officers, agents and those in privity of estate with Sublandlord, harmless from and employees against all cost, expense and/or liability arising out of or based upon any and all claims, accidentsdebts, demands, or obligations that may be made against Landlord, its officers, agents or employees or against Landlord's title in the Premises arising by reason of any negligent acts or omissions of Tenant, its officers, agents, or employees in occupying the Premises, but Tenant shall not be obligated to indemnify Landlord for damages or injuries arising from any negligent acts or omissions of Landlord, its officers, agents, or employees. Landlord shall indemnify, defend, and damages set forth hold harmless Tenant, its officers, agents and employees with respect to negligent acts or omissions of Landlord, its officers, agents and employees. If it becomes necessary for Landlord to defend any action seeking to impose any such liability by virtue of alleged negligent acts or omissions of Tenant, its officers, agents or employees, Tenant will pay Landlord all costs of court and reasonable attorney and expert witness fees incurred by Landlord in Section 10.1such defense, in addition to any other sums that said Landlord may be called upon to pay by reason of the entry of a judgment or decree against Landlord in the litigation in which such claim is asserted. Such To this end, Tenant further contracts and agrees to procure and carry at its own expense insurance for bodily injury and property damage including personal injury not less than One Million Dollars and No/100 ($1,000,000) per occurrence and Two Million and No/100 Dollars ($2,000,000) aggregate, and an umbrella/excess liability policy of not less than Five Million and No/100 Dollars ($5,000,000). Tenant shall cause said insurance policy or policies to specifically name Landlord as an additional insured and furnish Landlord with a certificate of said policy or policies. Tenant shall not do or permit any act or thing that shall render such policy invalid or that shall affect the validity thereof. If Tenant fails or neglects to carry such insurance as herein provided and to pay all insurance premiums therefor, or if said policy of insurance shall be written on an occurrence basis providing coverage cancelled for any cause whatsoever and Tenant does not promptly obtain other insurance prior to or simultaneously with such cancellation, Landlord may effect such insurance in an amount not less than its own name to the amounts extent herein provided and pay the premium therefor, and any sums paid by Landlord for said premiums shall be deemed additional rent hereby reserved and shall be payable by Tenant within ten (10) days after demand therefor from Landlord, together with interest at the rate of 10 percent per annum. Landlord and Tenant each waive any claim against the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord shall from time other for any damage to time reasonably request, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused property covered by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this Sublease. (b) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition Each party agrees to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits obtain a waiver of subrogation from its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area of the Propertycarrier permitting this waiver.

Appears in 1 contract

Samples: Commercial Lease (Intuit Inc)

Public Liability Insurance. (a) Subtenant Tenant at its expense, shall obtain and keep in force during the Sublease Term a commercial general liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant thereto, and under which the insurer agrees to indemnify and hold Sublandlord, Agent and those in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord shall from time to time reasonably request, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this Sublease. (b) Subtenant shall, maintain at all times during the term hereofof this Lease, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable lawcommercial public liability insurance, (ii) employers contractual liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile and property damage liability insurance for ownedin respect of the Premises and the conduct or operation of business therein, non-owned with Landlord, its asset manager and hired vehicles property manager, if any, and any Superior Lessor or Superior Mortgagee whose name and address shall previously have been furnished to Tenant by written notice, as additional insureds, with limits of at least Five Million and No/100 Dollars ($1,000,000 per occurrence and business interruption and extra expense insurance5,000,000.00) minimum combined single limit coverage, or its equivalent. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord Tenant shall have the right to require Subtenant to increase the satisfy such minimum insurance coverage requirements through umbrella or excess coverage policies. The limits of such insurance shall not limit the liability of Tenant. All such insurance shall insure the performance by Tenant of the indemnity provisions of Article 18 as to liability for injury to, illness of, or death of persons and damage to property. In addition, all such insurance shall be primary and shall provide that any insurance of Landlord shall be noncontributing, except with respect to sole active negligence, gross negligence or willful misconduct of Landlord, or Landlord's property manager. For insurance required to be maintained by Tenant pursuant to Sections 11.1 and 11.2, Tenant shall deliver to Landlord and any additional insured ACORX Xxxm 27 evidence of insurance, or any other form reasonably requested by Landlord, issued by the insurance company or its authorized agent, at least ten (10) days before Tenant commences occupancy of any portion of the Premises. Tenant shall procure and pay for renewals of such insurance and/or obtain from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insured such renewal certificate at least thirty (30) days before the expiration of any existing policy. For insurance required to be maintained by Tenant pursuant to Sections 11.1 and 11.2, all such policies shall provide that they shall not be amended in any way that would effect the interests of Landlord or any such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area of the Propertyinsureds, or cancelled, without at least thirty (30) days prior written notice to Landlord and such additional insureds.

Appears in 1 contract

Samples: Lease (Western Digital Corp)

Public Liability Insurance. (a) Subtenant shall obtain and keep in force during the Sublease Term a commercial general Public liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant thereto, and insurance under which the insurer agrees to indemnify and hold SublandlordLandlord, Agent and those in privity of estate with SublandlordLandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing the broadest form of such coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord shall from time to time reasonably requestavailable in the jurisdiction in which the demised premises are located. The minimum limits of liability of such insurance shall be One Million Dollars ($1,000,000.00) for bodily injury (or death) to any one person, Two Million Dollars ($2,000,000.00) for bodily injury (or death) to more than one person, and Two Hundred Thousand Dollars ($200,000.00) with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain respect to damage to property. On or after the “Amendment third anniversary of the Pollution Exclusion” for damage caused lease commencement date, the minimum limits of liability specified herein may be increased, upon thirty (30) days' prior written notice by heatLandlord to Tenant, smoke or fumes from a hostile fire. The policy to amounts then customarily required by Landlord in new leases covering premises similar to the demised premises; provided, Landlord shall not contain any intra-insured exclusions as between insured persons or organizationsincrease the minimum limits of liability more often than once every four (4) years thereafter. TENANT MAY AT IT'S OPTION CARRY MINIMUM INSURANCE LIMITS, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this SubleaseBUT PROVIDE ABOVE COVERAGE UNDER A TWO (2) MILLION DOLLAR UMBRELLA POLICY. B. Tenant-Caused Increase in Insurance Costs: Tenant agrees that it will not keep, use, sell or offer for sale in or upon the demised premises any articles which may be prohibited by the standard form of fire and extended coverage insurance policy. Tenant agrees to pay, on ten (b10) Subtenant shalldays' written demand, at and as additional rent, any increase in premiums for fire and extended coverage, boiler, rent loss, and liability and property damage insurance with all times its endorsements that may be charged during the term hereofof this Lease on the amount of such insurance which may be carried by Landlord on the demised premises, maintain the following insurance with coverages reasonably acceptable Shopping Center, or any part thereof resulting from the type of merchandise sold by Tenant or the activities carried on by Tenant in or at the demised premises, whether or not Landlord has consented to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurancethe same. In addition to determining whether increased premiums are the result of Tenant's use of the demised premises, a schedule, issued by the organization making the insurance required in (i)rate on the demised premises, (ii)showing the various components of such rate, (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area be conclusive evidence of the Propertyseveral items and charges which make up the insurance rate on the demised premises and the Shopping Center.

Appears in 1 contract

Samples: Assignment of Real Estate Lease (Educational Medical Inc)

Public Liability Insurance. (a) Subtenant Lessee shall obtain and keep maintain in force during the Sublease Term a commercial general liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant thereto, and under which the insurer agrees to indemnify and hold Sublandlord, Agent and those in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord shall from time to time reasonably request, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this Sublease. (b) Subtenant shall, effect at all times during the term hereofLease Term, maintain a policy of comprehensive public liability insurance, naming Lessor, any property management agent for the following insurance Building and any mortgagee of the Building as additional insureds, protecting Lessor, Lessee, management agent and any such mortgagee against any liability for bodily injury, death or property damage occurring upon, in or about any part of the Building or the Demised Premises arising from any of the items set forth herein against which Lessee is required to indemnify Lessor, with coverages reasonably acceptable such policies to Sublandlord: afford protection to the limit of not less than Five Hundred Thousand Dollars (i$500,000) workers’ compensation insurance as required by applicable lawwith respect to bodily injury or death to any one person, to the limit of not less than One Million Dollars (ii) employers liability insurance with limits of at least $1,000,000 per occurrence1,000,000), (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition Two Hundred Fifty Thousand Dollars ($250,000) with respect to damage to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord property of any one owner. Lessor shall have the right to require Subtenant Lessee to increase the minimum limits of its coverage set forth above, from time to time, to the standard limits of coverage required in comparable first class office Buildings in the Washington, D.C. area. Lessee, at Lessee's sole cost and expense, shall obtain and maintain in effect commencing with the Commencement Date and continuing through the Lease Term, insurance and/or obtain policies providing for the following coverage: all risk and property insurance, including (without limitation) coverage against fire, theft, vandalism, malicious mischief, sprinkler leakage and such additional insurance perils as is customarily required by Sublandlords owning similar real property now are or hereafter may be included in a standard extended coverage endorsement from time to time in general use in the geographical area Commonwealth of Virginia, insuring Lessee's merchandise, trade fixtures, furnishings, equipment and all items of personal property of Lessee located on or in the PropertyDemised Premises, in an amount equal to not less than the full replacement value thereof. All proceeds of such insurance, so long as the Lease shall remain in effect, shall be used only to repair or replace the items so insured. Such insurance policies shall be issued by responsible insurance companies licensed to do business in the State of Virginia. Neither the issuance of any insurance policy required under this Lease, nor the minimum limits specified herein with respect to Lessee's insurance coverage, shall be deemed to limit or restrict in any way Lessee's liability arising under or out of this Lease.

Appears in 1 contract

Samples: Deed of Lease (CRL Network Services Inc)

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Public Liability Insurance. (a) Throughout the Term, or any extensions thereof, Subtenant shall obtain maintain insurance against public liability for injury to persons(s) (including death) or damage to property occurring on, about or within the Demised Premises or the building and keep in force during improvements thereto or the Sublease Term a commercial general liability policy of adjoining sidewalks with insurance with coverages companies reasonably acceptable to Sublandlord, Landlord and qualified to transact business in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant thereto, and under State in which the insurer agrees to indemnify and hold Sublandlord, Agent and those in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1Demised Premises is located. Such insurance shall be written on an with minimum single limits of $2,000,000.00 per occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 for personal injury, death or property damage and destruction, or such greater amounts limits as Sublandlord may be required by the Master Lease. Subtenant shall from time deliver to time reasonably request, with Landlord continuous certificates of such insurance naming Landlord herein and the Master Landlord as additional insureds and an “Additional Insured-Managers agreement by the insurer that said policy may not be canceled without at least thirty (30) days' prior written notice delivered to Landlord and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fireMaster Landlord. The first of said certificates shall be delivered to Landlord prior to Subtenant's occupancy of Demised Premises. Said policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage provide for liability assumed under this Sublease as an “insured contract” for a waiver of subrogation and/or indemnity by the performance of Subtenant’s indemnity obligations under this Sublease. (b) insurer and Subtenant against Landlord and Master Landlord. Subtenant shall, at all times during the term hereofSubtenant's cost, maintain continuously throughout the following Term, Xxxxxxx Compensation insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as in the amount required by applicable law. Upon failure at any time on the part of Subtenant to provide insurance as required herein, Landlord may (iibut is not required) employers liability from time to time, as often as such failure shall occur, without advance notice to Subtenant, obtain such insurance with limits and pay premiums therefor, or pay any premiums due on any policy obtained by Subtenant, and any and all sums thus paid for insurance by Landlord shall be additional rent under this Sublease and shall become and due and payable on the next day when payment of rent is due, or at least $1,000,000 per occurrenceLandlord's option, (iii) automobile liability insurance for ownedon any succeeding day. Payment of any such premium by the Landlord shall not be deemed a waiver of the default in payment by the Subtenant and the Landlord, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to whether or not the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord Landlord shall have the right paid such premiums, shall have recourse to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property all remedies herein before or hereinafter provided in the geographical area event of default by the Subtenant in the performance of the Propertyterms and conditions of this Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Quaker Fabric Corp /De/)

Public Liability Insurance. (a) Subtenant shall obtain WAIVER OF SUBROGATION. Tenant covenants and keep in force during the Sublease Term a commercial general liability policy of insurance with coverages acceptable agrees to Sublandlordexonerate, in Sublandlord’s reasonable discretionindemnify, whichdefend, by way of example protect and not limitationsave Landlord, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out owner of the useLot and Landlord's managing agent, occupancy or maintenance of the Subleased Premises and all areas appurtenant thereto, and under which the insurer agrees to indemnify and hold Sublandlord, Agent and those in privity of estate with Sublandlordif any, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidentsdemands, injuries expenses,. losses, suits and damages set forth as may be occasioned by reason of (a) any accident or matter occurring on the Leased Premises, causing injury to persons or damage to property (including, without limitation, the Leased Premises), unless such accident or other matter resulted from the negligence or otherwise tortious act of Landlord or Landlord's agents or employees, (b) the failure of Tenant to fully and faithfully perform the obligations and observe the conditions of this Lease, or (c) the negligence or otherwise tortious act of Tenant or anyone in Section 10.1or about the Building on behalf or at the invitation or right of Tenant. Such Tenant shall keep in force at its own expense comprehensive general liability insurance shall be written on an occurrence basis providing coverage (including a contractual liability insurance endorsement) in an amount companies acceptable to Landlord sufficient to cover such indemnification and naming as additional insured Landlord, owner of the Lot, Landlord's managing agent, if any, and Tenant against claims for personal injury" including bodily injury, death or property damage in amounts not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 $1,000,000 (or such greater amounts higher limits as Sublandlord shall from time to time reasonably requestmay be determined by Landlord), and Tenant will further deposit the policy or policies of such insurance, or certificates thereof, with Landlord. Said policy or policies of insurance or certificates thereof shall have attached thereto an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The endorsement that such policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this Sublease. (b) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of be cancelled without at least $1,000,000 per occurrenceten (10) days prior written notice to Landlord and Landlord's managing agent, (iii) automobile liability insurance for ownedif any, non-owned and hired vehicles with limits that no act or omission of at least $1,000,000 per occurrence and business interruption and extra expense Tenant shall invalidate the interest of Landlord under said insurance. In addition Landlord and Tenant hereby release the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property covered by any insurance required then in (i)force, (ii), (iii) and (iv) above, Sublandlord even if such fire or other casualty shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible, provided, however, that this release shall be applicable and in force and effect only to the extent of and with respect to any loss or damage occurring during such time as the policy or policies of insurance covering said loss shall contain a clause or endorsement to the effect that this release shall not adversely affect or impair said insurance or prejudice the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area of the Propertyinsured to recover thereunder.

Appears in 1 contract

Samples: Lease Agreement (Worldgate Communications Inc)

Public Liability Insurance. (a) Subtenant During all periods of construction or reconstruction work performed by Tenant on the Leased Premises, Tenant, at its own expense, shall obtain and keep in force during the Sublease Term a commercial general liability policy of force, by advance payments or premiums, workmen's compensation and builder's risk insurance with coverages providing such coverage as is reasonably acceptable to SublandlordLandlord's Agents, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant thereto, and under which the insurer agrees to indemnify and hold Sublandlord, Agent and those in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord shall from time to time reasonably request, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy approval shall not contain any intra-insured exclusions as between insured persons be unreasonably withheld or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this Subleasedelayed. (b) Subtenant shallBeginning on the Commencement Date or prior thereto upon Tenant's entry into the Leased Premises and continuing during the entire Term, Tenant, at Tenant's expense, shall keep in force, by advance payments of premiums, public liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for personal injury or death and not less than five hundred thousand dollars ($500,000) for damage to property, insuring against any liability that may accrue on account of any occurrences in or about the Leased Premises or in consequence of Tenant's occupancy of the Leased Premises. Such insurance shall protect and indemnify not only against any and all times during such liability, but also against all loss, expense and damage of any and every sort and kind, including costs of investigation and attorneys fees and other costs of defense. (c) All required insurance shall be with insurers approved by Landlord which approval shall not be unreasonably withheld or delayed. All policies (other than medical malpractice insurance if any is maintained by Tenant) shall name Landlord and Tenant as beneficiary as their respective interests may appear. All policies shall provide that notwithstanding any act or negligence of Tenant which might otherwise result in a forfeiture, such policies shall not be canceled without at least thirty (30) days' prior written notice to Landlord. Tenant shall furnish Landlord with a copy of all such policies or a certificate that such policies are in effect. (d) In the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: event Landlord for its own account shall obtain (i) workers’ compensation public liability insurance as required by applicable lawfor personal injury, death or property damage with respect to liability that may accrue in or about the Building, or (ii) employers liability insurance with limits of at least $1,000,000 per occurrenceworkmen's compensation and builder's risk insurance, (iii) automobile liability insurance for ownedthen Tenant, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In in addition to the insurance required in (i)its other obligations under this Section 10.3, (ii)shall pay, (iii) and (iv) aboveas Additional Rent, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area Tenant's Proportionate Share of the Property.cost of such insurance monthly. It is agreed that Tenant's Proportionate Share of the above shall remain fixed during the Term of the Lease in accordance with Exhibit C.

Appears in 1 contract

Samples: Office Lease (Lunn Industries Inc /De/)

Public Liability Insurance. (a) Subtenant shall obtain Sublessee agrees to maintain in full force from the date upon which Sublessee first enters the Premises for any reason, throughout the Term of this Sublease, and keep thereafter so long as Sublessee is in force during occupancy of any part of the Sublease Term Premises, a commercial policy of general liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based uponinsurance (including broad form contractual liability, involving or arising independent contractor’s hazard and completed operations coverage) under which Sublessor, Manager (and such other persons as are in privy of estate with Sublessor as may be set out of the use, occupancy or maintenance of the Subleased Premises in notice from time to time) and all areas appurtenant theretoSublessee are named as additional insureds, and under which the insurer agrees to defend, indemnify and hold SublandlordSublessor, Agent Manager, and those in privity of estate with SublandlordSublessor, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1Article 12. Such insurance Each such policy shall be written non-cancelable and non-amendable with respect to Sublessor, Manager and Sublessor’s said designees without thirty (30) days’ prior notice to Sublessor and shall be as follows: (1) Comprehensive general liability insurance to a limit of not less than two million ($2,000,000) dollars, endorsed for products and completed operations liability insurance, on an occurrence basis providing coverage basis” against claims for “personal injury”, including without limitation, bodily injury, death or property damages, occurring upon, in or about the land and buildings of which the Subleased Premises are a part as required pursuant to the Primary Sublease. (2) Worker’s compensation and employer’s liability insurance in an amount not less than the amounts and form which meets all applicable requirements of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts labor laws of the State of New Hampshire, as Sublandlord shall amended from time to time reasonably requesttime, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” which specifically covers the persons and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under risks involved in this Sublease. (b3) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers Automobile liability insurance with limits of at least in amounts approved from time to time by Sublessor, but not less than one million ($1,000,000 per occurrence, (iii1,000,000) automobile liability insurance dollars combined single limit for owned, hired and non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area of the Propertyautomobiles.

Appears in 1 contract

Samples: Sublease Agreement (Pc Connection Inc)

Public Liability Insurance. (a) Subtenant Tenant agrees to maintain in full force and effect from the date on which Tenant first enters the Premises for any reason, throughout the Lease Term, and thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of Commercial General Liability insurance on an occurrence basis in accordance with the broadest form of such coverage as is available from time to time in the jurisdiction in which the Premises are located. The minimum limits of liability of such insurance shall obtain and keep be $3,000,000 combined single limit or shall be for such higher limits, if directed by Landlord, as are customarily carried in force that area in which the Building is located upon buildings such as the Building, but Landlord shall not require higher limits during the Sublease Term a commercial general liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out first five years of the useterm of this Lease. The policy shall also include, occupancy or maintenance but shall not be limited to the following extensions of coverage: 1. Contractual Liability, covering Tenant's liability assumed under this Lease; and 2. Personal Injury Liability in the Subleased Premises amount of $3 million annual aggregate, expressly deleting the exclusion relating to contractual assumptions of liability. Tenant's insurance under this Section 9.2 may be provided by a primary policy and all areas appurtenant thereto, and under which the insurer a so-called umbrella policy. Tenant further agrees to indemnify maintain a Workers' Compensation and hold SublandlordEmployer's Liability Insurance policy. The limit of liability as respects Employers' Liability coverage shall be no less than $5,000,000 per accident. Except for Workers' Compensation and Employers' Liability coverage, Agent Tenant agrees that Landlord (and those such other persons as are in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising Landlord as may be set out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord shall notice from time to time reasonably requesttime) are named as additional insureds on a primary basis. Further, all policies shall be noncancellable and nonamendable with an “Additional Insured-Managers respect to Landlord and Sublandlords Landlord's said designees without 30 days' prior written notice to landlord. A duplicate original or a Certificate of Premises Endorsement” and contain Insurance evidencing the “Amendment of above agreements shall be delivered to Landlord prior to entry on the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this SubleasePremises. (b) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area of the Property.

Appears in 1 contract

Samples: Office Lease (Keane Inc)

Public Liability Insurance. Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Lease Term, and thereafter so long as Tenant is in occupancy of any part of the Premises, (a) Subtenant shall obtain and keep in force during the Sublease Term a policy of commercial general liability policy of insurance insurance, written on an occurrence basis with coverages acceptable a general aggregate per location extension and including contractual liability coverage to Sublandlordcover any liabilities assumed under this Lease, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) insuring against all claims for bodily injury, property damage, personal injury and property damage based upon, involving or advertising injury on or about the Premises or arising out of the use, occupancy or maintenance use of the Subleased Premises and all areas appurtenant theretoPremises, including products liability, and under which the insurer agrees to indemnify and hold Sublandlordcompleted operations liability, Agent and those in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord shall from time to time reasonably request, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this Sublease. (b) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption $2,000,000, general aggregate, (b) automobile liability insurance covering all owned vehicles, hired vehicles, and extra expense insuranceall other non-owned vehicles in the amount of at least $1,000,000 combined single limit, (c) worker’s compensation insurance in accordance with applicable statutory legal requirements, and (d) employer’s liability insurance with a limit of not less than $1,000,000 or such other higher limits imposed by Requirements, and (e) umbrella/excess insurance on a following-form basis in excess of the foregoing coverages in the amount of at least $5,000,000 per occurrence. In addition The general liability and umbrella policies shall designate Landlord, its managing agent (if any), and any mortgagees (as may be set forth in a notice given from time to time by Landlord) as additional insureds, as their interests appear, and shall be in form and substance reasonably satisfactory to Landlord. Each such policy shall not expire or be amended or canceled without at least fifteen (15) days’ prior written notice to Landlord in each instance and each policy shall provide that the interests of Landlord thereunder or therein shall not be affected by any breach by Tenant of any policy provision. A certificate evidencing such insurance coverages shall be delivered to Landlord on or prior to the Commencement Date, and thereafter on an annual basis (and in any event prior to the expiration thereof). Each such policy shall be written by insurance required companies licensed in the Commonwealth of Massachusetts, having a rating in Best’s Key Rating Guide (i)or any successor thereto, (ii)or if there be none, (iiian insurance rating organization having a national reputation) of at least “A-” and (iv) above, Sublandlord a financial size category of not less than “Class VII.” Tenant shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area any of the Propertygeneral liability insurance required hereunder pursuant to a blanket general liability policy covering other properties provided the blanket policy contains an endorsement that names Landlord, Landlord’s managing agent (if any) and any mortgagees (as may be set forth in a notice given from time to time by Landlord), as additional insureds, and references the Premises.

Appears in 1 contract

Samples: Lease Agreement (LogMeIn, Inc.)

Public Liability Insurance. (a) Subtenant Subject to the right of the Corporation to increase the deductibles described herein and to provide for self-insurance as provided in subparagraph (c) of this Section, the Corporation shall obtain at its sole cost and keep in force expense maintain or cause to be maintained at all times during the Sublease Lease Term a commercial general accident and public liability policy insurance (including but not limited to coverage for all losses whatsoever arising from the ownership, maintenance, operation or use of insurance with coverages acceptable to Sublandlordany automobile, in Sublandlord’s reasonable discretiontruck or other motor vehicle), which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant thereto, and under which the insurer agrees to indemnify City, the Corporation and hold Sublandlord, Agent and those in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance the Trustee shall be written on an occurrence basis providing coverage named as additional insureds, properly protecting and indemnifying the City and the Trustee, in an amount not less than the amounts of the Initial Public Liability Insurance specified $1,000,000 for bodily injury (including death) in Section 1.3 or such greater amounts as Sublandlord shall from time any one occurrence (subject to time reasonably requestreasonable loss deductible clauses not to exceed $100,000)), with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” not less than $1,000,000 for property damage caused by heat, smoke or fumes from a hostile firein any one occurrence (subject to reasonable loss deductible clauses not to exceed $100,000). The policy policies of said insurance shall contain a provision that such insurance may not contain any intra-insured exclusions as between insured persons be canceled by the issuer thereof without at least 30 days' advance written notice to the City, the Corporation and the Trustee. Such policies or organizations, but copies or certificates thereof shall include coverage for liability assumed under this Sublease as an “insured contract” for be furnished to the performance of Subtenant’s indemnity obligations under this SubleaseTrustee. (b) Subtenant shallIn the event of a public liability occurrence, at the Net Proceeds of liability insurance carried pursuant to this Section shall be applied toward the extinguishment or satisfaction of the liability with respect to which such proceeds have been paid. (c) In lieu of obtaining all times during or any part of the term insurance required by subparagraph (a) hereof, maintain the following insurance Corporation may elect to be self-insured for all or any part of the foregoing requirements (which right to self insure shall include the right of the Corporation to increase the deductibles on such policies to an amount not to exceed $1,000,000) provided the Corporation complies with coverages reasonably acceptable to Sublandlordeach of the following: (i) workers’ compensation the Corporation notifies the City and the Trustee in writing that it has elected to increase one or more of the deductibles on such policies or to provide such coverages through a self-insurance as required by applicable lawprogram, (ii) employers liability if the self-insurance with limits program is maintained by a legal entity other than the Corporation, the Corporation notifies the City and the Trustee in writing of at least $1,000,000 per occurrencean address to which the City and the Trustee may submit claims under such self-insurance program, and (iii) automobile liability if the self-insurance for ownedprogram is maintained by a legal entity other than the Corporation, nonthe provider of such self insurance program is rated in one of the three highest rating categories by a nationally recognized rating agency (without regard to any rating modifiers) or if the self-owned and hired vehicles with limits insurance program is maintained by the Corporation or an affiliate of the Corporation, the consolidated net worth of such entity is at least equal to $1,000,000 per occurrence and business interruption and extra expense insurance. In addition 100,000,000 based upon audited financial statements submitted to the City and the Trustee prior to the effective date of such self-insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area of the Propertyprogram.

Appears in 1 contract

Samples: Lease Agreement (Pacific Sunwear of California Inc)

Public Liability Insurance. (a) Subtenant Lessee shall obtain and keep maintain in force during the Sublease Term a commercial general liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant thereto, and under which the insurer agrees to indemnify and hold Sublandlord, Agent and those in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing coverage in an amount not less than the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord shall from time to time reasonably request, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this Sublease. (b) Subtenant shall, effect at all times during the term hereofLease Term, maintain a policy of comprehensive public liability insurance, naming Lessor, any property management agent for the following insurance Building and any mortgagee of the Building as additional insureds, protecting Lessor, Lessee, management agent and any such mortgagee against any liability for bodily injury, death or property damage occurring upon, in or about any part of the Building or the Demised Premises arising from any of the items set forth herein against which Lessee is required to indemnify Lessor, with coverages reasonably acceptable such policies to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition afford protection to the insurance required in limit of not less than Three Million Dollars (i), (ii), (iii$3,000,000) and (iv) above, Sublandlord combined single limit. Lessor shall have the right to require Subtenant Lessee to increase the minimum limits of its coverage set forth above, from time to time, to the standard limits of coverage required in comparable first class office Buildings in the Washington, D.C. area. Lessee, at Lessee's sole cost and expense, shall obtain and maintain in effect commencing with the Commencement Date and continuing through the Lease Term, insurance and/or obtain policies providing for the following coverage: all risk and property insurance, including (without limitation) coverage against fire, theft, vandalism, malicious mischief, sprinkler leakage and such additional insurance perils as is customarily required by Sublandlords owning similar real property now are or hereafter may be included in a standard extended coverage endorsement from time to time in general use in the geographical area Commonwealth of Virginia, insuring Lessee's merchandise, trade fixtures, furnishings, equipment and all items of personal property of Lessee located on or in the PropertyDemised Premises, in an amount equal to not less than the full replacement value thereof. All proceeds of such insurance, so long as the Lease shall remain in effect, shall be used only to repair or replace the items so insured. Such insurance policies shall be issued by responsible insurance companies licensed to do business in the State of Virginia. Neither the issuance of any insurance policy required under this Lease, nor the minimum limits specified herein with respect to Lessee's insurance coverage, shall be deemed to limit or restrict in any way Lessee's liability arising under or out of this Lease.

Appears in 1 contract

Samples: Deed of Lease (Abovenet Communications Inc)

Public Liability Insurance. The Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Lease Terns, and thereafter so long as Tenant is in occupancy of any part of the Premises, (a) Subtenant shall obtain and keep in force during the Sublease Term a a, policy of commercial general liability policy of insurance with coverages acceptable insurance, written on an occurrence basis and including contractual liability coverage to Sublandlordcover any liabilities assumed under this Lease, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) insuring against all claims for bodily injury, personal injury and to or death of persons or damage to property damage based upon, involving on or about the Premises or arising out of the use, occupancy or maintenance use of the Subleased Premises Premises, including products liability, and completed operations liability, and (b) automobile liability insurance covering all owned vehicles, hired vehicles, and all areas appurtenant theretoother non-owned vehicles. Each such policy shall designate Tenant as a named insured and Landlord, its managing agent, if any, and under which any mortgagees.(as may be set forth in a notice given from time to time by Landlord) shall be named as additional insureds, as their interests appear. Each such policy shall expressly provide that it shall not expire or be amended in a manner that materially impairs Landlord's coverage or canceled without at least thirty. (30) days' prior written notice to Landlord in each instance and that the insurer interests of Landlord thereunder or therein shall not be affected by any breach by Tenant of any policy provision, and a duplicate original or certificate thereof shall be delivered to Landlord. The minimum limits of liability of such insurance shall be bodily injury and property damage combined single limit of $3,000,000 per occurrence. The Landlord shall have the right from time to time to increase such minimum limits upon notice to Tenant, provided that any such increase shall provide for coverage in amounts similar to like coverage being carried on like property in the greater Boston area. The Tenant agrees to indemnify maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Lease Term, and hold Sublandlordthereafter so long as Tenant is in occupancy of any part of the Premises, Agent and those in privity of estate with Sublandlord, harmless from and against all cost, expense and/or liability arising out of or based upon a policy insuring any and all claimsTenant's trade fixtures, accidentsequipment, injuries and damages set forth in Section 10.1. Such insurance shall be written on an occurrence basis providing coverage other personal property of Tenant against damage or destruction by fire or other casualty in an amount not less than equal to the amounts full replacement cost of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts property. Tenant shall also maintain insurance against such other hazards as Sublandlord shall may from time to time reasonably request, with an “Additional Insured-Managers and Sublandlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease as an “insured contract” for the performance of Subtenant’s indemnity obligations under this Sublease. (b) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as be required by applicable lawLandlord or the holder of any mortgage on the Premises, (ii) employers liability provided that such insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition is customarily carried in the area in which the Premises are located on property similar to the insurance required in (i), (ii), (iii) Building and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain that Tenant receives written notice specifying all such additional insurance as is customarily required may be required. At Landlord's request, any such policies of insurance shall name any such mortgagee as loss payee under a standard mortgagee's clause. Notwithstanding the foregoing, Tenant shall be permitted to self-insure its fixtures, equipment and other personal property from time to time located in, on or about the Premises, and all leasehold improvements to the Premises constructed or installed by Sublandlords owning similar real property Tenant, provided that at all times when Tenant so self-insures the same or any portion thereof, Tenant's net worth shall be and remain at least Twenty Million and 00/100 Dollars ($20,000,000.00). During all periods in the geographical area which Tenant so self-insures any of the Propertysame, the rights and obligations of Landlord and Tenant shall remain the same as if Tenant shall have purchased and kept in force thereon insurance from an independent, institutional insurer of recognized responsibility, and, without limitation, the provisions of Sections 10.2 and 11.5 of this Lease shall remain in full force and effect. The Tenant represents, by so self-insuring, that Tenant then is financially able to absorb any loss thereto without significant reduction of available capital or any other material, adverse effect on Tenant or its business operations, and that Tenant then is of at least such minimum net worth. The Landlord shall maintain in full force throughout the Lease Term a policy of insurance upon the Building and its fixtures and equipment.

Appears in 1 contract

Samples: Lease (Datawatch Corp)

Public Liability Insurance. (a) Subtenant shall obtain Xxxxxx agrees to maintain in full force from the date upon which Xxxxxx first enters the Premises for any reason, throughout the Term of this Lease, and keep thereafter so long as Tenant is in force during occupancy of any part of the Sublease Term Premises, a policy of commercial general liability policy of insurance with coverages acceptable to Sublandlord, in Sublandlord’s reasonable discretion, which, by way of example and not limitation, protects Subtenant and Sublandlord (as an additional insured) against claims for bodily injury, personal injury and property damage based uponinsurance (including broad form contractual liability, involving or arising independent contractor’s hazard and completed operations coverage) under which Tenant is named as an insured and Landlord, Agent (and such other persons as are in privity of estate with Landlord as may be set out of the use, occupancy or maintenance of the Subleased Premises and all areas appurtenant theretoin a notice from time to time) are named as additional insureds, and under which the insurer agrees to indemnify and hold SublandlordLandlord, Agent and those in privity of estate with SublandlordLandlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Section 10.1. Such insurance Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Agent and Landlord’s said designees without thirty (30) days’ prior notice, shall be written on an occurrence basis providing coverage “occurrence” basis, and shall be in an amount not less than at least the amounts of the Initial Public Liability Insurance specified in Section 1.3 or such greater amounts as Sublandlord Landlord shall from time to time reasonably request, with and a duplicate original thereof shall be delivered to Landlord. Such policies shall have an “Additional Insured-Managers and Sublandlords Landlords of Premises Endorsement” and contain the “Amendment of the Pollution Exclusion” for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Sublease Lease as an “insured contract” for the performance of SubtenantTenant’s indemnity obligations under this SubleaseLease. (b) Subtenant shall, at all times during the term hereof, maintain the following insurance with coverages reasonably acceptable to Sublandlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of at least $1,000,000 per occurrence, (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have the right to require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Sublandlords owning similar real property in the geographical area of the Property.

Appears in 1 contract

Samples: Assignment and Assumption

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