Common use of Public Liability Insurance Clause in Contracts

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 Term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, a policy of general liability and property damage insurance 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), and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, 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 l0.1.1 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. 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 notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, 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.)

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Public Liability Insurance. Tenant agrees to maintain (a) Subtenant shall obtain and keep in full force from during the date upon which Tenant first enters the Premises for any reason, throughout the Sublease Term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, a commercial general liability policy of general liability 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 insurance under which Landlord (based upon, involving or arising out of the use, occupancy or maintenance of the Subleased Premises and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time), and Massport are named as additional insuredsall areas appurtenant thereto, and under which the insurer agrees to indemnify and hold LandlordSublandlord, Massport Agent and those in privity of estate with LandlordSublandlord, 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 l0.1.1 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 Tenant10.1. Each such policy Such insurance shall be non-cancelable and non-amendable with respect to Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be on an occurrence basis providing coverage in at least in an amount not less than the amounts set forth of the Initial Public Liability Insurance specified in Section 1.1, 1.3 or in such higher limits greater amounts as Landlord Sublandlord shall from time to time reasonably request ifrequest, 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 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 this Leaseat least $1,000,000 per occurrence, such higher (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits are carried customarily in the Greater Boston Area with respect of at least $1,000,000 per occurrence and business interruption and extra expense insurance. In addition to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required in (i), (ii), (iii) and (iv) above, Sublandlord shall have the right to be maintained require Subtenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering Sublandlords owning similar real property in the Premises as well as other premises geographical area of the Tenant, 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 6.23Property.

Appears in 2 contracts

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

Public Liability Insurance. (a) Tenant agrees to maintain shall obtain and keep in full force from during the date upon which Tenant first enters the Premises for any reason, throughout the Term term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, Lease a commercial general liability policy of general liability insurance with coverages acceptable to Landlord, in Landlord’s reasonable discretion, which, by way of example and not limitation, protects Tenant and Landlord (as an additional insured) against claims for bodily injury, personal injury and property damage insurance under which Landlord (based upon, involving or arising out of the use, occupancy or maintenance of the Premises and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time), and Massport are named as additional insuredsall areas appurtenant thereto, and under which the insurer agrees to indemnify and hold Landlord, Massport Agent and those in privity of estate with Landlord, 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 l0.1.1 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 Tenant10.1. Each such policy Such insurance shall be non-cancelable and non-amendable with respect to Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be on an occurrence basis providing coverage in at least in an amount not less than the amounts set forth of the Initial Public Liability Insurance specified in Section 1.1, 1.3 or in such higher limits greater amounts as Landlord shall from time to time reasonably request ifrequest, with an “Additional Insured-Managers and 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 Lease as an “insured contract” for the performance of Tenant’s indemnity obligations under this Lease. (b) Tenant shall, at all times during the Term term hereof, maintain the following insurance with coverages reasonably acceptable to Landlord: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of this Leaseat least $1,000,000 per occurrence, such higher (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits are carried customarily of at least $1,000,000 per occurrence and (iv) business interruption and extra expense insurance. In addition to the insurance required in the Greater Boston Area with respect to similar properties. Tenant agrees that(i), as a condition to first entering the Premises(ii), (iii) and (iv) above, Landlord shall be furnished with a duplicate original or certificate have the right to require Tenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by landlords owning similar real property in the geographical area of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, 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 6.23Property.

Appears in 2 contracts

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

Public Liability Insurance. Tenant Txxxxx agrees to maintain in full force and effect from the date upon on which Tenant Txxxxx first enters the Premises for any reason, throughout the Term of this LeaseLease Term, and thereafter, thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of general Commercial General Liability insurance 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 be $3 million per occurrence, Bodily Injury Liability (including death), and property damage $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 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 which 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 maintain a Workers' Compensation and Employers' 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, Txxxxx agrees that Landlord (and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time), and Massport ) are named as additional insureds. Further, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, 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 l0.1.1 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. Each such policy policies shall be non-cancelable and non-amendable noncancellable with respect to Landlord, Massport Landlord and Landlord’s Lxxxxxxx's said designees of which Tenant has without 30 days' prior written notice without thirty (30) days prior notice to Landlord, and . A duplicate original or a Certificate of Insurance evidencing the above agreements shall be in at least in delivered to Landlord upon the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term execution of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, 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: Office Lease (Paratek Pharmaceuticals, Inc.), Office Lease (Paratek Pharmaceuticals, Inc.)

Public Liability Insurance. 12.1 Tenant agrees to shall, at its sole cost and expense, procure and maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this Leaselease a policy or policies of insurance, insuring Tenant, Landlord and thereafter, so long as Tenant is in occupancy any other persons designated by Landlord against any and all liability for injury to or death of any part a person or persons and for damage to property occasioned by or arising out of the condition of the Premises, a policy the use or occupancy of general liability and property damage insurance under which Landlord (and such other persons as are in privity the Premises or any construction work being done on the Premises by Tenant, or if applicable, boiler explosion. The limits of estate with Landlord as may be set out in notice from time to time), and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, 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 l0.1.1 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. Each such policy shall be in an amount not less than the Liability Insurance Limits described herein and shall be written by an insurance company or companies reasonably satisfactory to Landlord. Such policies shall be non-cancelable except after ten (10) days’ written notice to Landlord and non-amendable designees of Landlord. Such policies or duly executed certificates of Insurance with respect thereto shall be delivered to Landlord, Massport Landlord prior to the Rental Commencement Date and Landlord’s said designees of which Tenant has written notice without renewals thereof as required shall be delivered to Landlord within thirty (30) days prior notice to request from Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, . 12.2 At all times during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate maintain: (i) 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 to avoid coinsurance provisions; (ii) comprehensive public liability insurance with minimum limits of $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) such other 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 the terms of this Lease to be maintained carried by Tenant under this Section. Said insurance the Landlord may be maintained by Tenant under a so-called blanket policy (or policies) covering the Premises as well as other premises properties of the Tenant, provided Landlord and/or its related or affiliated corporations. If such insurance has is maintained under a landlord protective liability endorsement attached thereto. Neither blanket policy the issuance Landlord shall procure and deliver to the Tenant a statement from the insurer or general agent of any insurance policy required hereunder, nor the minimum limits specified herein with respect insurer setting forth the coverage maintained and the amounts thereof allocated to the risks intended to be insured hereunder Please initial: Landlord: 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, Lease Agreement (First State Financial Corp/Fl)

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 Term of this LeaseLease Term, and thereafter, thereafter so long as Tenant is in occupancy of any part of the Premises, : (a) a policy of Commercial General Liability insurance (most recent form — CG 0001 or equivalent form), written on an occurrence basis with a general aggregate per location extension and including contractual liability coverage to cover liabilities assumed under this Lease, insuring against claims for bodily injury, property damage, personal injury or advertising injury on or about the Premises or arising out of the use of the Premises with limits of not less than $1,000,000 per occurrence, $2,000,000 aggregate. Commercial General Liability insurance regarding products liability and completed operations liability shall be in substantially similar form, except that the 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 extended reporting period endorsement (ERP) that applies throughout the Term of this Lease and all subsequent extensions of the Term of this Lease. (b) Business Automobile Liability Insurance on an “occurrence” basis, with a combined single limit of not less than $1,000,000 per occurrence covering bodily injury and property damage liability arising out of the use by or on behalf of Tenant, 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 under which Landlord 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 $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 $1,000,000 per occurrence/aggregate. The general liability, products and auto policies shall designate Landlord, its managing agent, if any, and any mortgagees (and such other persons as are in privity designees of estate with Landlord as may be set out forth in a notice given from time to time), and Massport are named time by Landlord) as additional insureds, as their interests appear, utilizing forms CG2010 ed. 1085 or a combination of CG 2010 and under which the insurer agrees 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. Tenant shall give Landlord written notice promptly after Tenant becomes aware of any cancellation of any insurance required to indemnify be carried by Tenant pursuant to this Lease. A certificate and hold applicable endorsements evidencing such insurance coverages (or, if requested by Landlord, Massport and those in privity a signed copy of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuriessuch policy) prior to the Commencement Date, and damages set forth thereafter on an annual basis (and in Section l0.1.1 any event prior to the expiration thereof). The minimum limits of this Article, in the form liability of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. 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 notice without thirty (30) days prior notice to Landlord, and insurance shall be in at least 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 amounts set forth in Section 1.1, industry or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering Tenant’s operations at the Premises, such amount as determined by Landlord shall from time-to-time in its reasonable discretion to be furnished with a duplicate original or certificate of the amounts then customarily being carried on like property in the San Francisco area. All insurance required to be maintained by Tenant under pursuant to this Section. Said insurance Section 13.2 may be maintained provided under umbrella or blanket policies covering other locations operated by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided that such insurance has a landlord protective liability endorsement attached thereto. Neither umbrella or blanket policies otherwise comply with 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 provisions of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23Article XI.

Appears in 1 contract

Samples: Lease Agreement (Invitae Corp)

Public Liability Insurance. WAIVER OF SUBROGATION. Tenant covenants and agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reasonexonerate, throughout the Term of this Leaseindemnify, defend, protect and thereaftersave Landlord, so long as Tenant is in occupancy of any part owner of the PremisesLot and Landlord's managing agent, a policy of general liability and property damage insurance 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), and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlordif any, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidentsdemands, injuriesexpenses,. losses, suits and damages set forth in Section l0.1.1 as may be occasioned by reason of this Article, in (a) any accident or matter occurring on the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. 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 notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Leased Premises, Landlord shall be furnished with a duplicate original causing injury to persons or certificate of the insurance required damage to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, 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, 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 or about the Building on behalf or at the invitation or right of Tenant’s liabilities . Tenant shall keep in force at its own expense comprehensive general liability insurance (including a contractual liability insurance endorsement) in companies acceptable to Landlord sufficient to cover such indemnification and obligations 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 $1,000,000 (or such higher limits as may 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 endorsement that such policy shall not be cancelled without at least ten (10) days prior written notice to Landlord and Landlord's managing agent, if any, and that no act or omission of Tenant shall invalidate the interest of Landlord under Section 6.23said insurance. 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 then in force, 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 of the insured to recover thereunder.

Appears in 1 contract

Samples: Lease Agreement (Worldgate Communications Inc)

Public Liability Insurance. Tenant agrees Throughout the Term, or any extensions thereof, Subtenant shall maintain insurance against public liability for injury to maintain persons(s) (including death) or damage to property occurring on, about or within the Demised Premises or the building and improvements thereto or the adjoining sidewalks with insurance companies reasonably acceptable to Landlord and qualified to transact business in full force from the date upon State in which Tenant first enters the Demised Premises is located. Such insurance shall be with minimum single limits of $2,000,000.00 per occurrence for any reasonpersonal injury, throughout the Term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, a policy of general liability and death or property damage insurance under which Landlord (and destruction, or such other persons as are in privity of estate with Landlord greater limits as may be set out required by the Master Lease. Subtenant shall deliver to Landlord continuous certificates of such insurance naming Landlord herein and the Master Landlord as additional insureds and an agreement by the insurer that said policy may not be canceled without at least thirty (30) days' prior written notice delivered to Landlord and Master Landlord. The first of said certificates shall be delivered to Landlord prior to Subtenant's occupancy of Demised Premises. Said policy shall provide for a waiver of subrogation and/or indemnity by the insurer and Subtenant against Landlord and Master Landlord. Subtenant shall, at Subtenant's cost, maintain continuously throughout the Term, Xxxxxxx Compensation insurance in notice the amount required by applicable law. Upon failure at any time on the part of Subtenant to provide insurance as required herein, Landlord may (but is not required) from time to time), as often as such failure shall occur, without advance notice to Subtenant, obtain such insurance and pay premiums therefor, or pay any premiums due on any policy obtained by Subtenant, and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, 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 l0.1.1 of this Article, in the form of coverage consistent to what is prudent sums thus paid for responsible tenants in the greater Boston area in the same business as Tenant. 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 notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, insurance by Landlord shall be furnished with additional rent under this Sublease and shall become and due and payable on the next day when payment of rent is due, or at Landlord's option, on any succeeding day. Payment of any such premium by the Landlord shall not be deemed a duplicate original or certificate waiver of the insurance required default in payment by the Subtenant and the Landlord, whether or not the Landlord shall have paid such premiums, shall have recourse to be maintained all remedies herein before or hereinafter provided in the event of default by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises Subtenant in the performance of the Tenant, 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 terms and conditions of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23Sublease.

Appears in 1 contract

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

Public Liability Insurance. Tenant agrees to maintain in full force and effect from the date upon on which Tenant first enters the Premises for any reason, throughout the Term of this LeaseLease Term, and thereafter, thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of general 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 and property damage of such insurance shall be $3,000,000 combined single limit or shall be for such higher limits, if directed by Landlord, as are customarily carried in that area in which the Building is located upon buildings such as the Building, but Landlord shall not require higher limits during the first five years of the term of this Lease. The policy shall also include, 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 amount of $3 million annual aggregate, expressly deleting the exclusion relating to contractual assumptions of liability. Tenant's insurance under which this Section 9.2 may be provided by a primary policy and a so-called umbrella policy. Tenant further agrees to maintain a Workers' Compensation and Employer'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, Tenant agrees that Landlord (and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time), and Massport ) are named as additional insuredsinsureds on a primary basis. Further, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, 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 l0.1.1 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. Each such policy policies shall be non-cancelable noncancellable and non-amendable nonamendable with respect to Landlord, Massport Landlord and Landlord’s 's said designees of which Tenant has without 30 days' prior written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar propertieslandlord. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a A duplicate original or certificate a Certificate of Insurance evidencing the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, 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, above agreements shall be deemed delivered 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 6.23Landlord prior to entry on the Premises.

Appears in 1 contract

Samples: Office Lease (Keane Inc)

Public Liability Insurance. Tenant agrees to Lessee shall obtain and maintain in effect at all times during the Lease Term, a policy of comprehensive public liability insurance, naming Lessor, any property management agent for the 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 such policies to afford protection to the limit of not less than Three Million Dollars ($3,000,000) combined single limit. Lessor shall have the right to require Lessee to increase the minimum limits of 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 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 perils as now are or hereafter may be included in a standard extended coverage endorsement from time to time in general use in the Commonwealth of Virginia, insuring Lessee's merchandise, trade fixtures, furnishings, equipment and all items of personal property of Lessee located on or in the Demised Premises, in an amount equal to not less than the full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term replacement value thereof. All proceeds of this Lease, and thereaftersuch insurance, so long as Tenant is the Lease shall remain in occupancy of any part of effect, shall be used only to repair or replace the Premises, a policy of general liability and property damage items so insured. Such insurance under which Landlord (and such other persons as are in privity of estate with Landlord as may policies shall be set out in notice from time issued by responsible insurance companies licensed to time), and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, 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 l0.1.1 of this Article, do business in the form State of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. 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 notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided such insurance has a landlord protective liability endorsement attached theretoVirginia. Neither the issuance of any insurance policy required hereunderunder this Lease, nor the minimum limits specified herein with respect to Tenant’s Lessee's insurance coverage, shall be deemed to limit or restrict in any way Tenant’s Lessee'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: Deed of Lease (Abovenet Communications 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 Term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, a policy of general liability and property damage insurance 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), and Massport the Massachusetts Port Authority are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport the Massachusetts Port Authority and those in privity of estate with Landlord, 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 l0.1.1 10.1.1 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. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport the Massachusetts Port Authority and Landlord’s 's said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, 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 's insurance coverage, shall be deemed to limit or restrict in any way Tenant’s 's liability arising under or out of this Lease, including, without limitation, Tenant’s 's liabilities and obligations under Section 6.23.

Appears in 1 contract

Samples: Lease (908 Devices 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 Term of this Lease, and thereafter, thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of commercial general liability and property damage insurance (including broad form contractual liability, independent contractor’s hazard and completed operations coverage) under which Landlord Tenant is named as an insured and Landlord, Agent (and such other persons as are in privity any mortgagee and/or ground landlord of estate with Landlord as may be set out in a notice from time to time), and Massport ) are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport Agent and those in privity of estate with Landlord, 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 l0.1.1 of this Article10.1. Tenant may satisfy such insurance requirements by including the Premises in a so-called “blanket” and/or “umbrella” insurance policy, in provided that the form amount of coverage consistent allocated to what is prudent for responsible tenants in the greater Boston area in Premises shall fulfill the same business as Tenantforegoing requirements. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport Agent and Landlord’s said designees of which Tenant has written notice without thirty (30) days days’ prior notice to Landlordnotice, shall be written on an “occurrence” basis, and shall be in at least in the amounts set forth of the Initial Public Liability Insurance specified in Section 1.1, 1.3 or in such higher limits greater amounts as Landlord shall from time to time reasonably request if(but not more frequently than annually unless a Default of Tenant exists), during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with and a duplicate original or certificate certificates thereof satisfactory to Landlord, together with a photocopy of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, 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 coverageentire policy, shall be deemed delivered 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 6.23Landlord.

Appears in 1 contract

Samples: Lease (Bright Horizons Family Solutions Inc.)

Public Liability Insurance. Tenant agrees (a) 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 at its sole cost and expense maintain in full force or cause to be maintained at all times during the Lease Term general accident and public liability insurance (including but not limited to coverage for all losses whatsoever arising from the date upon which Tenant first enters the Premises for any reasonownership, throughout the Term of this Leasemaintenance, and thereafter, so long as Tenant is in occupancy operation or use of any part of the Premisesautomobile, a policy of general liability and property damage insurance truck or other motor vehicle), under which Landlord (the City, the Corporation and such other persons as are in privity of estate with Landlord as may the Trustee shall be set out in notice from time to time), and Massport are named as additional insureds, properly protecting and under which indemnifying the insurer agrees City and the Trustee, in an amount not less than $1,000,000 for bodily injury (including death) in any one occurrence (subject to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuriesreasonable loss deductible clauses not to exceed $100,000)), and damages set forth not less than $1,000,000 for property damage in Section l0.1.1 any one occurrence (subject to reasonable loss deductible clauses not to exceed $100,000). The policies of this Articlesaid insurance shall contain a provision that such insurance may not be canceled by the issuer thereof without at least 30 days' advance written notice to the City, in the form of coverage consistent to what is prudent for responsible tenants in Corporation and the greater Boston area in the same business as TenantTrustee. Each such policy Such policies or copies or certificates thereof shall be non-cancelable and non-amendable furnished to the Trustee. (b) In the event of a public liability occurrence, 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 Landlord, Massport and Landlord’s said designees which such proceeds have been paid. (c) In lieu of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, obtaining all or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate any part of the insurance required by subparagraph (a) hereof, the 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 each of the following: (i) 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 program, (ii) if the self-insurance program is maintained by Tenant a legal entity other than the Corporation, the Corporation notifies the City and the Trustee in writing of an address to which the City and the Trustee may submit claims under this Section. Said such self-insurance may be program, and (iii) if the self-insurance program is maintained by Tenant under a so-called blanket policy covering legal entity other than the Premises as well as other premises Corporation, the provider of such self insurance program is rated in one of the Tenantthree highest rating categories by a nationally recognized rating agency (without regard to any rating modifiers) or if the self-insurance program is maintained by the Corporation or an affiliate of the Corporation, provided the consolidated net worth of such entity is at least equal to $100,000,000 based upon audited financial statements submitted to the City and the Trustee prior to the effective date of such self-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 6.23program.

Appears in 1 contract

Samples: Lease Agreement (Pacific Sunwear of California Inc)

Public Liability Insurance. Tenant agrees to Lessee shall obtain and maintain in effect at all times during the Lease Term, a policy of comprehensive public liability insurance, naming Lessor, any property management agent for the 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 such policies to afford protection to the limit of not less than Five Hundred Thousand Dollars ($500,000) with respect to bodily injury or death to any one person, to the limit of not less than One Million Dollars ($1,000,000), per occurrence and Two Hundred Fifty Thousand Dollars ($250,000) with respect to damage to the property of any one owner. Lessor shall have the right to require Lessee to increase the minimum limits of 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 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 perils as now are or hereafter may be included in a standard extended coverage endorsement from time to time in general use in the Commonwealth of Virginia, insuring Lessee's merchandise, trade fixtures, furnishings, equipment and all items of personal property of Lessee located on or in the Demised Premises, in an amount equal to not less than the full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term replacement value thereof. All proceeds of this Lease, and thereaftersuch insurance, so long as Tenant is the Lease shall remain in occupancy of any part of effect, shall be used only to repair or replace the Premises, a policy of general liability and property damage items so insured. Such insurance under which Landlord (and such other persons as are in privity of estate with Landlord as may policies shall be set out in notice from time issued by responsible insurance companies licensed to time), and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, 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 l0.1.1 of this Article, do business in the form State of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. 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 notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided such insurance has a landlord protective liability endorsement attached theretoVirginia. Neither the issuance of any insurance policy required hereunderunder this Lease, nor the minimum limits specified herein with respect to Tenant’s Lessee's insurance coverage, shall be deemed to limit or restrict in any way Tenant’s Lessee'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: Deed of Lease (CRL Network Services Inc)

Public Liability Insurance. Tenant Xxxxxx agrees to maintain in full force from the date upon which Tenant Xxxxxx first enters the Premises for any reason, throughout the Term of this Lease, and thereafter, thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of commercial general liability and property damage insurance (including broad form contractual liability, independent contractor’s hazard and completed operations coverage) under which Landlord 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 in a notice from time to time), and Massport ) are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport Agent and those in privity of estate with Landlord, 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 l0.1.1 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 Tenant10.1. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport Agent and Landlord’s said designees of which Tenant has written notice without thirty (30) days days’ prior notice to Landlordnotice, shall be written on an “occurrence” basis, and shall be in at least in the amounts set forth of the Initial Public Liability Insurance specified in Section 1.1, 1.3 or in such higher limits greater amounts as Landlord shall from time to time reasonably request ifrequest, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with and a duplicate original or certificate thereof shall be delivered to Landlord. Such policies shall have an “Additional Insured-Managers and Landlords of Premises Endorsement” and contain the “Amendment of the insurance required to be maintained Pollution Exclusion” for damage caused by Tenant 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 Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering Lease as an “insured contract” for the Premises as well as other premises performance of the Tenant, 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 indemnity obligations under or out of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23.

Appears in 1 contract

Samples: Assignment and Assumption

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 Term of this Lease, and thereafter, thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of commercial general liability and property damage insurance (including broad form contractual liability, independent contractor’s hazard and completed operations coverage) under which Landlord 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 in a notice from time to time), and Massport ) are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport Agent and those in privity of estate with Landlord, 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 l0.1.1 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 Tenant10.1. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport Agent and Landlord’s said designees of which Tenant has written notice without thirty (30) days days’ prior notice to Landlordnotice, shall be written on an “occurrence” basis, and shall be in at least in the amounts set forth of the Initial Public Liability Insurance specified in Section 1.1, 1.3 or in such higher limits greater amounts as Landlord shall from time to time reasonably request ifrequest, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with and a duplicate original or certificate thereof shall be delivered to Landlord. Such policies shall have an “Additional Insured-Managers and Landlords of Premises Endorsement” and contain the “Amendment of the insurance required to be maintained Pollution Exclusion” for damage caused by Tenant 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 Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering Lease as an “insured contract” for the Premises as well as other premises performance of the Tenant, 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 indemnity obligations under or out of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23.

Appears in 1 contract

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

Public Liability Insurance. (a) During all periods of construction or reconstruction work performed by Tenant agrees on the Leased Premises, Tenant, at its own expense, shall keep in force, by advance payments or premiums, workmen's compensation and builder's risk insurance providing such coverage as is reasonably acceptable to maintain Landlord's Agents, which approval shall not be unreasonably withheld or delayed. (b) Beginning 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 full force from 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 date upon which Tenant first enters the Leased Premises for any reason, throughout the Term or in consequence of this Lease, and thereafter, so long as Tenant is in Tenant's occupancy of any part of the Leased Premises, a policy of general liability . Such insurance shall protect and property damage insurance 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), and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and not only against all cost, expense and/or liability arising out of or based upon any and all claimssuch liability, accidentsbut also against all loss, injuriesexpense and damage of any and every sort and kind, including costs of investigation and damages set forth in Section l0.1.1 attorneys fees and other costs 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. Each such policy defense. (c) All required insurance shall be non-cancelable 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 non-amendable with respect to LandlordTenant 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, Massport and Landlord’s said designees of which Tenant has written notice such policies shall not be canceled without at least thirty (30) days 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 event Landlord for its own account shall obtain (i) public liability insurance for personal injury, and shall be death or property damage with respect to liability that may accrue in at least in or about the amounts set forth in Section 1.1Building, or (ii) workmen's compensation and builder's risk insurance, then Tenant, in addition to its other obligations under this Section 10.3, shall pay, as Additional Rent, Tenant's Proportionate Share of the cost of such higher limits as Landlord insurance monthly. It is agreed that Tenant's Proportionate Share of the above shall from time to time reasonably request if, remain fixed during the Term of this Lease, such higher limits are carried customarily the Lease in the Greater Boston Area accordance with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, 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.Exhibit C.

Appears in 1 contract

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

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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 Term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, a policy of general Public liability and property damage insurance 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), and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuriesinjuries and damages in the broadest form of such coverage from time to time available 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 damages set forth in Section l0.1.1 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. Each such policy shall be non-cancelable and non-amendable Two Hundred Thousand Dollars ($200,000.00) with respect to Landlorddamage to property. On or after the third anniversary of the lease commencement date, Massport and Landlord’s said designees the minimum limits of which Tenant has written notice without liability specified herein may be increased, upon thirty (30) days days' prior written notice by Landlord to LandlordTenant, and shall be to amounts then customarily required by Landlord in at least in new leases covering premises similar to the amounts set forth in Section 1.1demised premises; provided, or in such higher limits as Landlord shall from time to time reasonably request ifnot increase the minimum limits of liability more often than once every four (4) years thereafter. TENANT MAY AT IT'S OPTION CARRY MINIMUM INSURANCE LIMITS, during BUT 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 Term demised premises any articles which may be prohibited by the standard form of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar propertiesfire and extended coverage insurance policy. Tenant agrees thatto pay, on ten (10) days' written demand, and as a condition additional rent, any increase in premiums for fire and extended coverage, boiler, rent loss, and liability and property damage insurance with all its endorsements that may be charged during the term of this Lease on the amount of such insurance which may be carried by Landlord on the demised premises, the 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 first entering the Premises, Landlord shall be furnished with a duplicate original or certificate same. In 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 to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering rate on the Premises as well as other premises demised premises, showing the various components of the Tenant, 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 coveragerate, shall be deemed to limit or restrict in any way Tenant’s liability arising under or out conclusive evidence of this Lease, including, without limitation, Tenant’s liabilities the several items and obligations under Section 6.23charges 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. Tenant covenants and agrees to maintain in full force from with Landlord that during the date upon which Tenant first enters the Premises for any reason, throughout the Term entire term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, a policy of general liability and property damage insurance 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), and Massport are named as additional insureds, and under which the insurer agrees to will indemnify and hold save harmless Landlord, Massport its officers, agents and those in privity of estate with Landlord, harmless from and employees against all cost, expense and/or liability arising out of or based upon any and all claims, accidentsdebts, injuriesdemands, 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 in Section l0.1.1 of this Articlehold harmless Tenant, in the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. Each such policy shall be non-cancelable its officers, agents and non-amendable employees with respect to negligent acts or omissions of Landlord, Massport its officers, agents and Landlord’s 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 such defense, in addition to any other sums that said designees 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. To this end, Tenant has written notice without thirty 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 (30$1,000,000) days 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 cancelled for any cause whatsoever and Tenant does not promptly obtain other insurance prior notice to Landlordor simultaneously with such cancellation, Landlord may effect such insurance in its own name to the 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 in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained payable by Tenant under 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 other for any damage to property covered by insurance. Each party agrees to obtain a waiver of subrogation from its insurance carrier permitting this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, 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 6.23waiver.

Appears in 1 contract

Samples: Commercial Lease (Intuit Inc)

Public Liability Insurance. Tenant Xxxxxx agrees to maintain in full force and effect from the date upon on which Tenant Xxxxxx first enters the Premises for any reason, throughout the Term of this LeaseLease Term, and thereafter, thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of general 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 and property damage of such insurance shall be $3,000,000 combined single limit or shall be for such higher limits, if directed by Landlord, as are customarily carried in that area in which the Building is located upon buildings such as the Building, but Landlord shall not require higher limits during the first five years of the term of this Lease. The policy shall also include, 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 amount of $3 million annual aggregate, expressly deleting the exclusion relating to contractual assumptions of liability. Tenant's insurance under which this Section 9.2 may be provided by a primary policy and a so-called umbrella policy. Xxxxxx further agrees to maintain a Workers' Compensation and Employer'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, Xxxxxx agrees that Landlord (and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time), and Massport ) are named as additional insuredsinsureds on a primary basis. Further, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, 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 l0.1.1 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. Each such policy policies shall be non-cancelable noncancellable and non-amendable nonamendable with respect to Landlord, Massport Landlord and Landlord’s Xxxxxxxx's said designees of which Tenant has without 30 days' prior written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar propertieslandlord. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a A duplicate original or certificate a Certificate of Insurance evidencing the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, 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, above agreements shall be deemed delivered 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 6.23Landlord prior to entry on the Premises.

Appears in 1 contract

Samples: Office Lease (Keane Inc)

Public Liability Insurance. Tenant Sublessee agrees to maintain in full force from the date upon which Tenant Sublessee first enters the Premises for any reason, throughout the Term of this LeaseSublease, and thereafter, thereafter so long as Tenant Sublessee is in occupancy of any part of the Premises, a policy of general liability and property damage insurance (including broad form contractual liability, independent contractor’s hazard and completed operations coverage) under which Landlord Sublessor, Manager (and such other persons as are in privity privy of estate with Landlord Sublessor as may be set out in notice from time to time), ) and Massport Sublessee are named as additional insureds, and under which the insurer agrees to defend, indemnify and hold LandlordSublessor, Massport Manager, and those in privity of estate with LandlordSublessor, 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 l0.1.1 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 TenantArticle 12. Each such policy shall be non-cancelable and non-amendable with respect to LandlordSublessor, Massport Manager and LandlordSublessor’s said designees of which Tenant has written notice without thirty (30) days days’ prior notice to Landlord, 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” against claims for “personal injury”, including without limitation, bodily injury, death or property damages, occurring upon, in at least 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 and form which meets all applicable requirements of the labor laws of the State of New Hampshire, as amended from time to time, and which specifically covers the persons and risks involved in this Sublease. (3) Automobile liability insurance in amounts set forth in Section 1.1, or in such higher limits as Landlord shall approved from time to time reasonably request ifby Sublessor, during the Term of this Leasebut not less than one million ($1,000,000) dollars combined single limit for owned, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a sohired and non-called blanket policy covering the Premises as well as other premises of the Tenant, 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 6.23owned automobiles.

Appears in 1 contract

Samples: Sublease Agreement (Pc Connection 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 Term of this LeaseLease Term, and thereafter, thereafter so long as Tenant is in occupancy of any part of the Premises, (a) a policy of commercial general liability insurance, written on an occurrence basis with a general aggregate per location extension and including contractual liability coverage to cover any liabilities assumed under this Lease, insuring against all claims for bodily injury, property damage, personal injury or advertising injury on or about the Premises or arising out of the use of the Premises, including products liability, and completed operations liability, with limits of at least $1,000,000 per occurrence and $2,000,000, general aggregate, (b) automobile liability insurance covering all owned vehicles, hired vehicles, and all 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. The general liability and property damage insurance under which Landlord umbrella policies shall designate Landlord, its managing agent, if any, and any mortgagees (and such other persons as are in privity of estate with Landlord as may be set out forth in a notice given from time to time), and Massport are named time by Landlord) as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuriesas their interests appear, and damages set forth shall be in Section l0.1.1 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 this ArticleLandlord 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 form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenantexpiration thereof). Each such policy shall be non-cancelable written by insurance companies licensed in the Commonwealth of Massachusetts, having a rating in Best’s Key Rating Guide (or any successor thereto, or if there be none, an insurance rating organization having a national reputation) of at least “A-” and non-amendable with respect a financial size category of not less than “Class VII.” Tenant shall have the right to obtain any of the general liability insurance required hereunder pursuant to a blanket general liability policy covering other properties provided the blanket policy contains an endorsement that names Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty managing agent and any mortgagees (30) days prior notice to Landlord, and shall as may be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall a notice given from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees thatby Landlord), as a condition to first entering additional insureds, references the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, 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 Agreement (LogMeIn, 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 Term Lease Terns, and thereafter so long as Tenant is in occupancy of any part of the Premises, (a) a, policy of commercial general liability insurance, written on an occurrence basis and including contractual liability coverage to cover any liabilities assumed under this Lease, insuring against all claims for injury to or death of persons or damage to property on or about the Premises or arising out of the use of the Premises, including products liability, and thereaftercompleted operations liability, and (b) automobile liability insurance covering all owned vehicles, hired vehicles, and all other non-owned vehicles. Each such policy shall designate Tenant as a named insured and Landlord, its managing agent, if any, and 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 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 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 policy of general liability and property damage insurance 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), and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon insuring any and all claimsTenant's trade fixtures, accidents, injuriesequipment, and damages set forth other personal property of Tenant against damage or destruction by fire or other casualty in Section l0.1.1 an amount equal to the full replacement cost 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 such property. Tenant shall also maintain insurance against such other hazards as Tenant. 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 notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall may from time to time reasonably request if, during be required by Landlord or the Term holder of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering any mortgage on the Premises, Landlord provided that such insurance is customarily carried in the area in which the Premises are located on property similar to the Building and that Tenant receives written notice specifying all such additional insurance as 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 furnished with a duplicate original permitted to self-insure its fixtures, equipment and other personal property from time to time located in, on or certificate of about the insurance required Premises, and all leasehold improvements to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the constructed or installed by Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither that at all times when Tenant so self-insures the issuance of same or any insurance policy required hereunderportion thereof, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, 's net worth shall be deemed to limit or restrict and remain at least Twenty Million and 00/100 Dollars ($20,000,000.00). During all periods in which Tenant so self-insures any way Tenant’s liability arising under or out of this Leasethe same, includingthe 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, Tenant’s liabilities the provisions of Sections 10.2 and obligations under Section 6.2311.5 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. Tenant Sublessee agrees to maintain in full force from the date upon which Tenant Sublessee first enters the Premises for any reason, throughout the Term of this LeaseSublease, and thereafter, thereafter so long as Tenant Sublessee is in occupancy of any part of the Premises, a policy of general liability and property damage insurance (including broad form contractual liability, independent contractor's hazard and completed operations coverage) under which Landlord Sublessor, Manager (and such other persons as are in privity privy of estate with Landlord Sublessor as may be set out in notice from time to time), ) and Massport Sublessee are named as additional insureds, and under which the insurer agrees to defend, indemnify and hold LandlordSublessor, Massport Manager, and those in privity of estate with LandlordSublessor, 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 l0.1.1 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 TenantArticle 12. Each such policy shall be non-cancelable and non-amendable with respect to LandlordSublessor, Massport Manager and Landlord’s Sublessor's said designees of which Tenant has written notice without thirty sixty (3060) days days' prior notice to Landlord, 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" against claims for "personal injury", including without limitation, bodily injury, death or property damages, occurring upon, in at least 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 and form which meets all applicable requirements of the labor laws of the State of New Hampshire, as amended from time to time, and which specifically covers the persons and risks involved in this Sublease. (3) Automobile liability insurance in amounts set forth in Section 1.1, or in such higher limits as Landlord shall approved from time to time reasonably request ifby Sublessor, during the Term of this Leasebut not less than one million ($1,000,000) dollars combined single limit for owned, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a sohired and non-called blanket policy covering the Premises as well as other premises of the Tenant, 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 6.23owned automobiles.

Appears in 1 contract

Samples: Sublease Agreement (Baycorp Holdings LTD)

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 Term of this LeaseLease Term, and thereafter, thereafter so long as Tenant is in occupancy of any part of the Premises, (a) a policy of commercial general liability insurance, written on an occurrence basis with a general aggregate per location extension and including contractual liability coverage to cover any liabilities assumed under this Lease, insuring against all claims for bodily injury, property damage, personal injury or advertising injury on or about the Premises or arising out of the use of the Premises, including products liability, and completed operations liability, with limits of at least $1,000,000 per occurrence and $2,000,000, general aggregate, (b) automobile liability insurance covering all owned vehicles, hired vehicles, and all 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. The general liability and property damage insurance under which Landlord umbrella policies shall designate Landlord, its managing agent (if any), and such other persons as are in privity of estate with Landlord any mortgagees (as may be set out forth in a notice given from time to time), and Massport are named time by Landlord) as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuriesas their interests appear, and damages set forth shall be in Section l0.1.1 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 this ArticleLandlord 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 form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenantexpiration thereof). Each such policy shall be non-cancelable written by insurance companies licensed in the Commonwealth of Massachusetts, having a rating in Best’s Key Rating Guide (or any successor thereto, or if there be none, an insurance rating organization having a national reputation) of at least “A-” and non-amendable with respect a financial size category of not less than “Class VII.” Tenant shall have the right to obtain any of the general liability insurance required hereunder pursuant to a blanket general liability policy covering other properties provided the blanket policy contains an endorsement that names Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty managing agent (30if any) days prior notice to Landlord, and shall any mortgagees (as may be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall a notice given from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees thatby Landlord), as a condition to first entering additional insureds, and references the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, 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 Agreement (LogMeIn, Inc.)

Public Liability Insurance. Tenant agrees to at its expense, shall maintain in full force from at all times during the date upon which Tenant first enters the Premises for any reason, throughout the Term term of this Lease, and thereaftercommercial public liability insurance, so long as Tenant is in occupancy of any part of the Premises, a policy of general contractual liability insurance and property damage liability insurance under which Landlord (in respect of the Premises and such other persons as are in privity the conduct or operation of estate business therein, with Landlord as may be set out in notice from time to time)Landlord, its asset manager and property manager, if any, and Massport are named any Superior Lessor or Superior Mortgagee whose name and address shall previously have been furnished to Tenant by written notice, as additional insureds, with Five Million and under which No/100 Dollars ($5,000,000.00) minimum combined single limit coverage, or its equivalent. Tenant shall have the insurer agrees right to indemnify and hold Landlord, Massport and those in privity satisfy such minimum insurance coverage requirements through umbrella or excess coverage policies. The limits of estate with Landlord, harmless from and against all cost, expense and/or such insurance shall not limit the liability arising out of or based upon any and all claims, accidents, injuries, and damages set forth in Section l0.1.1 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. Each All such policy 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 non-cancelable primary and non-amendable shall provide that any insurance of Landlord shall be noncontributing, except with respect to sole active negligence, gross negligence or willful misconduct of Landlord, Massport and or Landlord’s said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties's property manager. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the For insurance required to be maintained by Tenant under this Sectionpursuant 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. Said Tenant shall procure and pay for renewals of such insurance may 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 under a so-called blanket policy covering the Premises as well as other premises of the Tenantpursuant to Sections 11.1 and 11.2, provided all 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, policies shall provide that they shall not be deemed to limit or restrict amended in any way Tenant’s liability arising under that would effect the interests of Landlord or out of this Leaseany such additional insureds, includingor cancelled, without limitation, Tenant’s liabilities at least thirty (30) days prior written notice to Landlord and obligations under Section 6.23such additional insureds.

Appears in 1 contract

Samples: Lease (Western Digital Corp)

Public Liability Insurance. (a) Tenant agrees to maintain shall obtain and keep in full force from during the date upon which Tenant first enters the Premises for any reason, throughout the Term term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, Lease a commercial general liability policy of general liability insurance with coverages acceptable to Landlord, in Landlord’s reasonable discretion, which, by way of example and not limitation, protects Tenant and Landlord (as an additional insured) against claims for bodily injury, personal injury and property damage insurance under which Landlord (based upon, involving or arising out of the use, occupancy or maintenance of the Premises and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time), and Massport are named as additional insuredsall areas appurtenant thereto, and under which the insurer agrees to indemnify and hold Landlord, Massport Agent and those in privity of estate with Landlord, 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 l0.1.1 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 Tenant10.1. Each such policy Such insurance shall be non-cancelable and non-amendable with respect to Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be on an occurrence basis providing coverage in at least in an amount not less than the amounts set forth of the Initial Public Liability Insurance specified in Section 1.1, 1.3 or in such higher limits greater amounts as Landlord shall from time to time reasonably request ifrequest, with an “Additional Insured-Managers and 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 Lease as an “insured contract” for the performance of Tenant’s indemnity obligations under this Lease. (b) Tenant shall, at all times during the Term term hereof, maintain the following insurance with coverages no less than the following: (i) workers’ compensation insurance as required by applicable law, (ii) employers liability insurance with limits of this Leaseat least $1,000,000 per occurrence, such higher (iii) automobile liability insurance for owned, non-owned and hired vehicles with limits are carried customarily of at least $1,000,000 per occurrence and (iv) business interruption and extra expense insurance. In addition to the insurance required in the Greater Boston Area with respect to similar properties. Tenant agrees that(i), as a condition to first entering the Premises(ii), (iii) and (iv) above, Landlord shall be furnished with a duplicate original or certificate have the right to require Tenant to increase the limits of its insurance and/or obtain such additional insurance as is customarily required by landlords owning similar real property in the geographical area of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, 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 6.23Property.

Appears in 1 contract

Samples: Lease (Cerevel Therapeutics Holdings, Inc.)

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