Required Insurance. Tenant shall, at all times during the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such rates.
Appears in 2 contracts
Samples: Lease (Archemix Corp.), Lease (Archemix Corp.)
Required Insurance. Tenant shallBorrowers shall maintain or cause to be maintained insurance on its Property against fire, flood, casualty, public liability, business interruption and such other hazards, as well as general liability, medical malpractice insurance and other liability insurance related to the business of the Borrowers required by the Lender, all in such amounts, with such deductibles and with such insurers as are at all times during the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant Lender (the “Required Insurance”). All of the policies relating to the Required Insurance shall contain standard “lender loss payable” and any Mortgagee “additional insured” clauses issued in favor of Landlord, Lender pursuant to which all losses thereunder shall be paid to Lender as their respective Lender’s interests may appear, including . Such policies (ior endorsements thereto) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall expressly provide that it the Required Insurance cannot be canceled except upon without thirty (30) days prior written notice to Landlord (except Lender and shall insure Lender notwithstanding the act or neglect of the insured. At or prior to Closing, Borrowers shall furnish Lender with insurance certificates certified as true and correct and being in cases full force and effect as of the Closing Date or such other evidence of the Required Insurance as Lender may require. In the event Borrowers fail to procure or cause to be procured any of the Required Insurance or to timely pay or cause to be paid the premium(s) on any of the Required Insurance, Lender may do so for Borrowers, but Borrowers shall continue to be liable for the same. Borrowers further covenant that all insurance premiums owing under its current casualty policy have been paid. Borrowers also agree to notify Lender, promptly, upon any Borrower’s receipt of a notice of termination, cancellation or non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives renewal from its insurance company of any insurance boardof the Required Insurance. Each Borrower hereby appoints Lender as its attorney-in-fact, company or agency determining rates exercisable at Lender’s option, to endorse any check which may be payable to such Borrower in order to collect the proceeds of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesRequired Insurance.
Appears in 2 contracts
Samples: Credit Agreement (Clarient, Inc), Credit Agreement (Clarient, Inc)
Required Insurance. Tenant shallBorrower shall maintain with respect to each Property: (a) during construction of any Improvements on each Property, at all times during the Term “all-risk” builders risk insurance which must include windstorm, hail damage, fire and vandalism (non-reporting Completed Value with Special Cause of this LeaseLoss form), and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrencethe completed replacement value of the Improvements under construction, $2,000,000 Million Dollars general aggregate naming Lender as mortgagee and umbrella liability loss payee; (b) upon completion of construction, upon occupancy of any Improvements, and at all other times, insurance with limits of liability against loss or damage by fire and other casualties and hazards by insurance written on an “all risks” basis, including malicious mischief coverage, in an amount not less than $4,000,000 Million Dollars each occurrence the replacement cost thereof, including coverage for loss of rents or business interruption if applicable, naming Lender as loss payee and $4 Million Dollars general aggregatemortgagee; (c) if any Property is required to be insured pursuant to the National Flood Reform Act of 1994, and the regulations promulgated thereunder, flood insurance is required in the amount equal to the lesser of the loan amount or maximum available under the National Flood Insurance Program, but in no event should the amount of coverage be less than the value of the improved structure, naming Lender as mortgagee and loss payee. If, after closing, any Property (ivor any part thereof) Worker's Compensation Coverage is remapped and if the vertical Improvements are determined to be located in a special flood hazard area, Borrower must obtain and maintain a flood insurance policy. If, within forty-five (45) days of receipt of notification from Lender that any Property has been reclassified by FEMA as being located in a special flood hazard area, Borrower has not provided sufficient evidence of flood insurance, Lender is mandated under federal law to purchase flood insurance on behalf of Borrower, and Lender will add the associated costs to the principal balance of the applicable Note. If the land or any portion thereof is located in a special flood hazard area, this Agreement may be terminated by Lender at its sole option; (d) as applicable, insurance which complies with the workers’ compensation and employers’ liability laws of all states in which Borrower shall be required by law. The to maintain such insurance; and (e) commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance providing coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager in such amount as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall Lender may require but in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All $1,000,000.00 combined single limit, naming Lender as an additional insured; and (f) such policies shall be endorsed other insurance as Lender may reasonably require from time to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratestime.
Appears in 2 contracts
Samples: Master Loan Agreement (Asbury Automotive Group Inc), Master Loan Agreement (Asbury Automotive Group Inc)
Required Insurance. Tenant shall, at all times during the Term of this Lease, and at its own cost and expense, shall maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLCAdvisers, Inc., Tenant and any Mortgagee of Landlord, as their respective interests may appear, at its own cost and expense including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") " property insurance which shall be primary on the lease improvements referenced in Article 5 and Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial comprehensive general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 (One Million Dollars Dollars) combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial comprehensive general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, On or any agent, contractor or employee before the Commencement Date of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the aforesaid insurance coverage set forth abovecoverage, including naming Landlord, Cornerstone Real Estate Advisers LLC Advisers, Inc. and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord at least thirty (30) days prior to the expiration date of such insurance policies showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days)Landlord. Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such rates.
Appears in 2 contracts
Samples: Office Lease (Suburban Lodges of America Inc), Lease (Seec Inc)
Required Insurance. Tenant shallTrustor, at Trustor's sole expense, shall at all times during the Term of this Lease, and at its own cost and expenseprovide, maintain and keep in force the following policies of insurance:
(a) insurance policies, with responsible companies licensed against loss or damage to do business in the state where Mortgaged Property by fire and all other risks of physical loss covered by insurance of the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, type now known as their respective interests may appear, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property," with difference in conditions coverage, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars the full replacement cost of the Mortgaged Property (without deduction for depreciation), including the cost of debris removal, and such endorsements as Beneficiary may reasonably require, including the "Replacement Cost Endorsement"; boiler and machinery insurance covering pressure vessels, air tanks, boilers, machinery, pressure piping, heating, ventilation and air conditioning equipment, and elevator and escalator equipment, provided the Mortgaged Property contains equipment of such nature and insurance against loss of occupancy or use arising from any breakdown of any such items, in such amounts as Beneficiary may reasonably determine; and plate glass insurance in such amounts as Beneficiary may reasonably determine if the Mortgaged Property contains plate glass.
(b) commercial general liability insurance against claims for personal injury, bodily injury, death or property damage occurring upon, in or about the Mortgaged Property, such insurance (i) to be on the so-called "occurrence" form with a combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII five million dollars ($5,000,000); (ii) to continue this limit until required to be changed by Beneficiary in Bestwriting by reason of changed economic conditions making this protection inadequate; and (iii) to cover at least the following hazards: premises and operations; products and completed operations on an "if any" basis; independent contractors; blanket contractual liability for all written and oral contracts; and contractual liability covering the indemnities contained in this Deed of Trust to the extent available.
(c) at all times during which Trustor has any employees, workers' compe nsation insurance, subject to the statutory limits of the State of Colorado, and employer's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary liability insurance with a limit of at least one million dollars ($1,000,000) per accident and that any insurance covered by Landlord is excess per disease per employee, and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may one million dollars (but shall not be required to$1,000,000) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except for disease aggregate in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives respect of any work or operations on or about the Mortgaged Property or in connection with the Mortgaged Property or its operations (if applicable).
(d) such other insurance boardas may from time to time be reasonably required by Beneficiary against other insurable hazards, company or agency determining rates of hazard coverage for the Premisesincluding, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesto, vandalism, earthquake, sinkhole and mine subsidence.
Appears in 2 contracts
Samples: Deed of Trust (Icg Services Inc), Deed of Trust (Icg Holdings Inc)
Required Insurance. Tenant shall, at all times during Mortgagor shall maintain with respect to the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including Property: (i) a policy during construction of standard fireany improvements on the Property, extended coverage and special extended coverage “all-risk” builders risk insurance ("all risk") property insurance on Tenant's propertynon-reporting Completed Value with Special Cause of Loss form), including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrencethe total value of the improvements under construction, $2,000,000 Million Dollars general aggregate naming Bank as mortgagee and umbrella liability loss payee; (ii) upon completion of construction and at all other times, insurance with limits of liability against loss or damage by fire and other casualties and hazards by insurance written on an “all risks” basis, including specifically windstorm and/or hail damage, in an amount not less than $4,000,000 Million Dollars each occurrence the replacement cost thereof, naming Bank as loss payee and $4 Million Dollars general aggregatemortgagee; (iii) if the Property is required to be insured pursuant to the National Flood Reform Act of 1994, and the regulations promulgated thereunder, flood insurance is required in the amount equal to the lesser of the loan amount or maximum available under the National Flood Insurance Program, but in no event should the amount of coverage be less than the value of the improved structure, naming Bank as mortgagee and loss payee; and (iv) Worker's Compensation Coverage liability insurance providing coverage in such amount as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall Bank may require but in no event limit the liability of Tenant under this Leaseless than $1,000,000.00 combined single limit, naming Bank as an additional insured; and (v) such other insurance as Bank may require from time to time. All such casualty insurance policies carried shall contain an endorsement or agreement by Tenant the insurer in form satisfactory to Bank that any loss shall be payable in accordance with the terms of such policy notwithstanding any act or negligence of Mortgagor and the further agreement of the insurer waiving rights of subrogation against Bank, and rights of set-off, counterclaim or deductions against Mortgagor. All insurance policies shall be in form, provide coverages, be issued by companies having a rating and be in amounts satisfactory to Bank. At least 30 days prior to the expiration of not less than A-VIII in Best's Insurance Guideeach such policy, Mortgagor shall furnish Bank with evidence satisfactory to Bank that such policy has been renewed or replaced or is no longer required hereunder. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it canthe policy will not be canceled except upon thirty (30) or materially amended without at least 30 days prior written notice to Landlord (except Bank. In the event Mortgagor fails to provide, maintain, keep in cases force, and furnish to Bank the policies of noninsurance required by this paragraph, Bank may procure such insurance or single-payment of interest insurance in such amounts, at such premium, in which case for such risks and by such means as Bank chooses, at Mortgagor’s expense; provided however, Bank shall have no responsibility to obtain any insurance, but if Bank does obtain insurance, Bank shall have no responsibility to assure that the notice insurance obtained shall be ten (10) days). Tenant shall comply with all rules and directives of adequate or provide any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited protection to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesMortgagor.
Appears in 1 contract
Required Insurance. Tenant shallTo continuously, at all times during the Term term of this LeaseMortgage, deposit and at its own cost and expensemaintain with the Lender original policies of insurance, maintain premiums prepaid, with Mortgagee clause in favor of the Lender (a copy of such policies or alternative evidence of insurance wholly acceptable to Lender to be provided to Lender not later than thirty (30) days prior to the expiration of any existing insurance policies, with responsible ) and issued by companies licensed authorized to do business in the state where the Building is located Oklahoma and reasonably with a "Best's (Insurance) Key Rating Guide" rating of no lower than "A VII" and otherwise satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, the Lender insuring against such risks as their respective interests may appearshall be required by the Lender, including but not limited to the following:
(iA) a policy of standard All risks/full replacement coverage for loss or damage by fire, extended coverage lightning, windstorm, hail, explosion, riot attending a strike, civil commotions, aircraft, vehicles, smoke, hazards, casualties and special extended coverage (other contingencies customarily covered by "all risk") property risks" insurance including vandalism and malicious mischief, broad form boiler and machinery insurance on Tenant's property, including its goods, all equipment and inventoryobjects customarily covered by such insurance, coverage for debris removal and sprinkler insurance; in an amount adequate equal to cover their one hundred percent (100%) of the full replacement costvalue of all Improvements on the Property, including a vandalism and malicious mischief together with an ordinance-and-law endorsement, and sprinkler leakage coveragea waiver of subrogation endorsement and, with co-insurance clause, if any, only as acceptable to the Lender (and, if required by Lender, an agreed amount endorsement). Such insurance policies shall contain acceptable standard mortgagee and loss payee clauses in favor of Lender and any other party designated by Lender as their interests may appear and provide a thirty (30) day notice of cancellation to Lender; and
(iiB) business interruption insurance, loss of income Commercial general public liability and extra expense property damage insurance applicable to the Property covering the failure legal liability of Tenant's telecommunications equipment and all other perilsthe Borrower against claims for bodily injury or death or property damage occurring on, failures in or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability about the Property in an aggregate amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than ATWO MILLION AND NO/100 DOLLARS ($2,000,000.00) and ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) per occurrence and approved from time-VIII to-time by the Lender, which insurance shall provide coverage to the Lender as an additional insured; and
(C) Flood and mudslide insurance in Bestan amount equal to the lesser of (i) the amount required for one hundred percent (100%) of the full replacement value of all Improvements, with co-insurance clause, if any, only as acceptable to the Lender, or (ii) the maximum limit of coverage available with respect to the Property under the National Flood Insurance Act of 1968, The Flood Disaster Protection Act of 1978 or the National Flood Insurance Reform Act of 1994, as each may be amended, with standard mortgagee and loss payee clauses acceptable to Lender; provided that such Flood and Mudslide Insurance shall not be required so long as the Borrower provides the Lender with evidence satisfactory to the Lender in its sole discretion that the Property remains situated outside of an area identified by the Secretary of Housing and Urban Development or any other governmental department, agency, bureau, board, or instrumentality as an area having special flood or mudslide hazard; and
(D) Business income or business interruption insurance coverage insuring against any loss of income resulting from damage or destruction from insurable perils in an amount equal to twelve (12) months principal and interest payments under the Note, which insurance shall name Lender as loss payee, with provisions for co-insurance only as approved by Lender, and if approved, with an agreed amount endorsement; and
(E) During the making of any alterations or improvements to the Property, Borrower will maintain and provide proof of coverage to Lender (which shall name Lender as loss payee): (i) owner's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any contingent liability insurance covering claims not covered by Landlord is excess the general comprehensive insurance referred to above, and not contributing with any Tenant (ii) worker's compensation insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain covering all persons engaged in making such alterations or improvements; and
(F) Such other insurance or furnish Landlord with renewals endorsements, and in such amounts, as may from time to time be reasonably required by Lender and standard for properties of similar type and location. In the case of Borrower's failure to keep the Property so insured, Lender its successors or bindersassigns may, Landlord may at its option (but shall not be required to) procure said obtain such insurance on Tenantat Borrower's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extendedexpense. All such insurance coverage shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premiumname Lender as Mortgagee, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment loss payee and/or the correction of any condition necessary to prevent any increase in such ratesadditional insured as appropriate.
Appears in 1 contract
Required Insurance. Tenant shall, at all times during the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's ’s Building Manager, Cornerstone Real Estate Advisers LLCAdvisers, Inc., Tenant and any Mortgagee of Landlord, as their respective interests may appear, including (i) a policy of standard fire, extended coverage and special extended coverage ("“all risk"”) property insurance which shall be primary on the lease improvements referenced in Article 5 and Tenant's ’s property, including its goods, equipment and inventory, in an amount adequate to cover their replacement costcost (subject to reasonable deductible), including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's ’s telecommunications equipment and all other perils, failures or interruptions, (iii) commercial comprehensive general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Two Million Dollars ($2,000,000) combined single limit for each occurrence, $2,000,000 and Three Million Dollars general aggregate and umbrella liability insurance with limits of liability ($3,000,000) in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general the annual aggregate, (iv) Worker's ’s Compensation Coverage as required by law. The commercial comprehensive general liability policy shall include contractual liability which includes the provisions of Article 9 hereinherein (to the extent customarily insurable). Prior to Tenant, On or any agent, contractor or employee of Tenant, entering before the Premises for any reason following the execution and delivery of this LeaseCommencement Date, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC Advisers, Inc. and Landlord's ’s Building Manager as additional insureds. Renewal certificates must be furnished to Landlord at least 30 days prior to the expiration date of such insurance policies showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's ’s procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's ’s Insurance Guide. All such policies shall be endorsed to agree that Tenant's ’s policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's ’s behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) 30 days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days)Landlord. Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such rates.
Appears in 1 contract
Required Insurance. Tenant So long as this Agreement remains in effect, Grantor shall, at all times during the Term of this Leaseits sole cost, and keep and/or cause others, at its own cost and their expense, maintain to keep the portions of the Collateral consisting of tangible property constantly insured against loss by fire, by hazards included within the term "extended coverage," and by such other hazards (including flood insurance policies, with responsible companies licensed to do business in the state where extent any of the Building Collateral is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including (i) a policy of standard fire, extended coverage and special extended coverage (in flood zones "all riskA" or "B") property as may be required by Lender. Such insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability shall be in an amount not less than $1,000,000 Million Dollars combined single limit the full replacement value of such Collateral, or such other amount or amounts as Lender may require or approve in writing. Grantor shall further provide and maintain, at its sole cost and expense, comprehensive general liability insurance, naming both Grantor and Lender as parties insured, protecting against claims for each occurrencebodily injury, $2,000,000 Million Dollars general aggregate death and/or property damage arising out of the use, ownership, possession, operation and umbrella condition of the Collateral, and further containing a broad form contractual liability endorsement covering Grantor's obligations to indemnify Lender as provided hereunder. During the course of any construction activities involving the Collateral, Grantor shall further provide and maintain, at its sole cost and expense, builder's all risk insurance with limits coverage against "all risks of liability physical loss," including loss by fire, theft, vandalism, malicious mischief, explosion, windstorm, collapse, sprinkler leakage, and extended coverage in an amount not less than $4,000,000 Million Dollars each occurrence the full replacement value of the Collateral. Grantor shall also maintain, or cause to be maintained, workers' compensation insurance for all contractors, subcontractors and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as for Grantor to the fullest extent required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior Grantor may purchase such insurance from any insurance company or broker that is acceptable to TenantLender, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must provided that such approval may not be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Leaseunreasonably withheld. All such insurance policies carried by Tenant shall policies, including renewals and replacements, must also be with companies having in form and substance acceptable to Lender, and must additionally contain a rating Lender's loss payable or other endorsement in favor of not less than A-VIII Lender, providing in Best's Insurance Guide. All part that (a) all proceeds and returned premiums under such policies of insurance will be paid directly to Lender, and (b) no act or omission on the part of Grantor, or any of its officers, agents, employees or representatives, nor breach of any warranty contained in such policies, shall be endorsed affect the obligations of the insurer to agree that Tenant's policy is primary and that pay the full amount of any loss to Lender. Such policies of insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain must also contain a provision prohibiting cancellation or the alteration of such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon without at least thirty (30) days days' prior written notice to Landlord (except in cases Lender of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company such intended cancellation or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesalteration.
Appears in 1 contract
Required Insurance. Tenant shall, at all times during the Term of this Lease, and at its own cost and expense, shall maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLCAdvisers, Inc., Tenant and any Mortgagee of Landlord, Landlord of which Tenant is given notice ,as their respective interests may appear, at its own cost and expense including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") " property insurance which shall be primary on the lease improvements referenced in Article 5 and Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial comprehensive general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 (One Million Dollars Dollars) combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial comprehensive general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, On or any agent, contractor or employee before the Commencement Date of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Building, Manager, certificates of insurance evidencing the aforesaid insurance coverage set forth abovecoverage, including naming naming, Landlord, Cornerstone Real Estate Advisers LLC Advisers, Inc. and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord at least thirty (30) days prior to the expiration date of such insurance policies showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days)Landlord. Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any any, condition necessary to prevent any increase in such rates, unless the same constitutes Landlord s obligation under the Lease, including without limitation, Article 12.
Appears in 1 contract
Samples: Office Lease (Saville Systems PLC)
Required Insurance. Tenant ArenaCo shall, at its sole expense, unless otherwise expressly agreed by the City in writing, procure and maintain in full force and effect at all times during the Term of this LeaseManagement Rights Term, and at its own cost and expense, maintain the following:
(A) Property insurance policies, with responsible companies licensed to do business in for the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's Parking Facilities covering real property, including its goodspersonal property, equipment and inventorybusiness income, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering for all risks of physical loss or damage written on the failure broadest available Cause of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability Loss Form acceptable to the City in an amount not less than $1,000,000 Million Dollars combined single limit the Minimum Property Insurance Coverage with no coinsurance penalty provisions. "Minimum Property Insurance Coverage" means, at any given time, 100% of the full replacement cost (new without deduction for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits depreciation) of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by lawthe Parking Facilities. The commercial general liability policy Property coverage shall include contractual liability earthquake, earthquake sprinkler leakage, and flood, and (i) such earthquake coverage have a limit equal to (or greater than) the Minimum Property Insurance Coverage if such a limit is available at commercially reasonable rates (failing which includes such earthquake coverage shall have reasonable limits or sub‐limits that are determined by "Probable Maximum Loss" calculations which are acceptable to the provisions City) and (ii) such earthquake sprinkler leakage and flood coverage shall have reasonable limits or sub‐limits that are determined by "Probable Maximum Loss" calculations which are acceptable to the City. Property coverage shall also include boiler and machinery coverage. Business income and extra expense coverage shall contain limits sufficient to cover all direct and indirect loss of Article 9 hereinincome and additional expenses for the business operations of the Parking Facilities for the appropriate period of time necessary to complete repairs of all real and personal property. Prior Business income coverage shall include an extended period of indemnity of at least 12 months. Any deductibles or self‐insured retentions must be declared and approved by the City (such approval not to Tenantbe unreasonably withheld, conditioned, or any agentdelayed), contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall provided that in no event limit will the liability amount of Tenant under this Lease. All coverage, after taking into account any such insurance policies carried by Tenant shall deductibles or self‐insured retentions, be with companies having a rating of not less than A-VIII in Best's the Minimum Property Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesCoverage.
Appears in 1 contract
Samples: Parking Management Agreement
Required Insurance. Tenant shall, at all times during the Term of this Lease, and at its own cost and expense, shall maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLCAdvisers, Inc., Tenant and any Mortgagee of Landlord, as their respective interests may appear, at its own cost and expense including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") risks" property insurance which shall be primary on the lease improvements referenced in Article 5 and Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial comprehensive general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 (One Million Dollars Dollars) combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial comprehensive general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, On or any agent, contractor or employee before the Commencement Date of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the aforesaid insurance coverage set forth abovecoverage, including naming Landlord, Cornerstone Real Estate Advisers LLC Advisers. Inc. and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord at least thirty (30) days prior to the expiration date of such insurance policies showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days)Landlord. Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such rates. Landlord shall during the Lease term maintain in full force the following insurance: (i) general liability insurance issued by one or more insurance carriers, insuring against liability for injury to or death of persons and loss of or damage to property occurring in and on the Common Areas and in and on the entire Building, with coverage limits of at least One Million Dollars ($1,000,000.00) combined single limits for bodily injury and property damage per occurrence; and (ii) all risk property damage insurance and a standard extended coverage endorsement issued by one or more insurance carriers covering the Premises and all of the other buildings and improvements in the Building to the extent of their full replacement value. Tenant acknowledges that Landlord's cost of insurance carried by Landlord is passed through as a component of Operating Expenses. Landlord shall have the right to self-insure so long as Landlord's net worth exceeds $100,000,000. Landlord and Tenant may comply with their insurance obligations hereunder by endorsement to any blanket policy of insurance. Landlord and Tenant shall deliver to each other certificates issued by the insurance carrier or carriers for each policy of insurance they are required to maintain by this Lease within ten (10) days after request therefor.
Appears in 1 contract
Required Insurance. Tenant shall, The Borrower shall at all times during maintain with insurance companies rated "A-" or better by AM Best's Rating Service, or another reputable industry equivalent the Term following minimum insurance policies:
(i) From and after the Closing Date until the Physical Completion Date has occurred, Construction All Risk Insurance subject to customary "all risk" forms including flood, earth movement, hazardous waste, transit, comprehensive boiler, turbine and machinery and operational testing insurance covering physical loss or damage with respect to the Electric Arc Furnace including (A) coverage for the buildings, structures, furnace, boiler and machinery, equipment facilities, fixtures and other properties constituting a part of this Leasethe Electric Arc Furnace (including equipment in which the Borrower has an insurable interest), (B) coverage for removal of debris, (C) transit coverage, including ocean marine coverage, if applicable (unless insured by the supplier), and at its own cost (D) off-site coverage. Delay in start-up insurance with respect to the Electric Arc Furnace will be required with limits reflective of twelve (12) months fixed and expensecontinuing expenses and the debt service specifically associated with the outstanding principal amount of the Loans for the construction of the Electric Arc Furnace, maintain provided that the applicable policy may provide that the insurance policies, proceeds will not be payable with responsible companies licensed respect to do business up to the first 45 days of each delay (or the first 90 days in the state where case of substations). Such policy shall at all times insure an amount not less than the Building is located full replacement cost of the Electric Arc Furnace and shall be in such form as shall be reasonably satisfactory to Landlordthe Administrative Agent; provided, naming Landlordhowever, Landlord's Building Managerthat flood and earthquake coverage each may be subject to an annual aggregate limit of at least $100,000,000 to the extent reasonably available, Cornerstone Real Estate Advisers LLCbut in no event less than $25,000,000, Tenant and any Mortgagee transit and off-site coverage shall be in an amount equal to full replacement cost. Deductibles for flood and quake not to exceed 2.0%. These policies shall be written on a no coinsurance basis and (if available on a commercially reasonable basis) shall provide from and after the Physical Completion Date for "single interest excess of Landlordloss" or "stipulated loss" insurance in an amount equal to the negative difference (if any) between the then outstanding amount of the Loan attributable to the Electric Arc Furnace and the replacement cost of the Electric Arc Furnace. These policies shall also be endorsed to provide that (A) losses shall be adjusted as provided in Section 5.7, (B) the Administrative Agent is included as an additional insured, as their respective its interests may appear, including but shall not be liable for the payment of any premiums, and (C) any payment thereunder for loss or damage shall be made to the Collateral Agent, as sole loss payee. The policies may provide for deductible amounts of up to $500,000 per occurrence with $1,000,000 for testing and commissioning (as available on a commercially reasonable basis), unless otherwise agreed by the Administrative Agent;
(ii) From and after the Closing Date until the Physical Completion Date, a Pollution Legal Liability policy with limits of no less than $10,000,000 per occurrence and in the aggregate with a deductible of no more than $1,000,000.
(iii) From and after the Closing Date until the date on which all Loans have been paid in full, "all risk" property insurance (to the extent not duplicative of the construction all risk insurance obtained pursuant to clause (i) a policy of standard fireabove), extended coverage and special extended coverage (such "all risk") " property insurance on Tenant's propertyto be subject to customary "all risk" forms including, in each case, flood, earth movement, transit, comprehensive boiler, turbine and machinery and operational testing insurance covering physical loss or damage with respect to properties of the Borrower and its Subsidiaries, including its goods(A) coverage for the buildings, structures, furnace, boiler and machinery, equipment facilities, fixtures and inventoryother properties of the Borrower and its Subsidiaries (including equipment in which the Borrower or any of its Subsidiaries has an insurable interest), (B) coverage for the inventory of the Borrower and its Subsidiaries, (C) coverage for removal of debris, (D) transit coverage, including ocean marine coverage, if applicable (unless insured by the supplier), and (E) off-site coverage. Insurance will be carried in such amounts, against such risks and with such terms (including co-insurance, deductibles, limits of liability and loss payment provisions) consistent with reasonable and prudent industry practice but in any event from 11/01/03 such policies shall at all times insure an amount not less than the greater of the Probable Maximum Loss (as calculated by an independent third party and subject to the approval of the administrative agent) or $250,000,000, and carry replacement cost values, and shall be in such form as shall be reasonably satisfactory to the Administrative Agent; provided, however, that (A) flood and earthquake coverage each may be subject to an annual aggregate limit of at least $100,000,000 to the extent reasonably available, but in no event less than $25,000,000, and (B) transit and off-site coverage shall be in an amount adequate equal to cover their full replacement cost. The policy shall be written on a no coinsurance basis and shall provide from and after the Physical Completion Date that the Electric Arc Furnace must be covered under the Property Insurance Program described in this section at full replacement cost value. The policy shall also be endorsed to provide that (A) losses shall be adjusted as provided in Section 5.7(b), including a vandalism and malicious mischief endorsement(B) the Collateral Agent (for the benefit of the Administrative Agent) is included as an additional insured, as its interests may appear, but shall not be liable for the payment of any premiums, and sprinkler leakage coverage; (iiC) any payment thereunder for loss or damage shall be made to the Collateral Agent, as sole loss payee, except for payments thereunder for loss or damage with respect to inventory which shall be made to the inventory and receivables security agent under the Revolving Loan Agreement (for purposes of this Section 5.7, the "Inventory and Receivables Security Agent"), as sole loss payee. The policies may provide for deductible amounts of up to $2,000,000 per occurrence, unless otherwise agreed by the Administrative Agent.
(iv) From and after the Closing Date until the date on which all Loans have been paid in full, business interruption insurance, in such form as shall be reasonably satisfactory to the Administrative Agent and with limits in amounts sufficient to cover scheduled payments on all Indebtedness and continuing expenses of the Borrower and its Subsidiaries during a period of at least twelve months; provided that the applicable policy may provide that the insurance proceeds will not be payable with respect to up to the first 30 days of each business interruption with the Collateral Agent (for the benefit of the Administrative Agent) and the Inventory and Receivables Security Agent as loss of income payees as their interests may appear.
(v) During construction and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perilsfor operations, failures comprehensive or interruptions, (iii) commercial general liability insurance on an "occurrence" basis or a "claims made" basis, against claims for "bodily injury" and "property damage" occurring on, in or about the properties of the Borrower and its Subsidiaries and the adjoining streets, sidewalks and passageways, in a minimum amount of $2,000,000 coverage per occurrence basis with limits respect to personal injury or death to any one or more persons or damage to property; $2,000,000 products/completed operations aggregate; and $4,000,000 general aggregate, which insurance shall (i) be in such form as shall be reasonably satisfactory to the Administrative Agent, (ii) contain "broad form" and other endorsements covering, among other things, products and completed operations, contractual liability, broad form property damage, explosion, collapse and underground hazards, and (iii) be endorsed to include the Administrative Agent as additional insured, as its interests may appear.
(vi) From and after the Closing Date until the date on which all Loans have been paid in full, business automobile liability insurance against claims for bodily injury, death or property damage arising out of liability the use of all owned, non owned and hired vehicles by the Borrower and its Subsidiaries and their its agents and employees, including loading and unloading, such insurance to be in an the amount not less than of at least $1,000,000 Million Dollars combined single limit for each coverage per occurrence with respect to bodily injury or death to one or more persons or damage to property and to be in such form as shall be reasonably satisfactory to the Administrative Agent.
(vii) From and after the Closing Date until the date on which all Loans have been paid in full, workers' compensation insurance as required by local law, or if allowed under local law the Borrower shall have the option to become a "qualified" self-insurer, approved by the appropriate regulatory authorities in the relevant jurisdiction with a maximum self-insured retention of $1,000,000 per occurrence, $2,000,000 Million Dollars general aggregate and umbrella . If Borrower becomes a "qualified" self-insurer then supplementary workers' compensation coverage providing full statutory limits over the self-insured retention shall be purchased (where required by state statute). Employers liability insurance with limits a minimum limit of liability in an amount not less than $4,000,000 Million Dollars each 1,000,000 per occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratescarried.
Appears in 1 contract
Samples: Term Loan Agreement (Wheeling Pittsburgh Corp /De/)
Required Insurance. Tenant shall, at all times during Grantor shall maintain with respect to the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including Property: (i) a policy during construction of standard fireany improvements on the Property, extended coverage “all-risk” builders risk insurance which must include windstorm, hail damage, fire and special extended coverage vandalism ("all risk") property insurance on Tenant's propertynon-reporting Completed Value with Special Cause of Loss form), including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrencethe completed replacement value of the improvements under construction, $2,000,000 Million Dollars general aggregate naming Bank as mortgagee and umbrella liability loss payee; (ii) upon completion of construction, upon occupancy of any improvements, and at all other times, insurance with limits of liability against loss or damage by fire and other casualties and hazards by insurance written on an “all risks” basis, including malicious mischief coverage, in an amount not less than $4,000,000 Million Dollars each occurrence the replacement cost thereof, including coverage for loss of rents or business interruption if applicable, naming Bank as loss payee and $4 Million Dollars general aggregatemortgagee; (iii) if the Property is required to be insured pursuant to the National Flood Reform Act of 1994, and the regulations promulgated thereunder, flood insurance is required in the amount equal to the lesser of the loan amount or maximum available under the National Flood Insurance Program, but in no event should the amount of coverage be less than the value of the improved structure, naming Bank as mortgagee and loss payee. If, after closing, the Property (or any part thereof) is remapped and if the vertical improvements are determined to be located in a special flood hazard area, Grantor must obtain and maintain a flood insurance policy. If, within forty-five (45) days of receipt of notification from Bank that the Property has been reclassified by FEMA as being located in a special flood hazard area, Grantor has not provided sufficient evidence of flood insurance, Bank is mandated under federal law to purchase flood insurance on behalf of Grantor, and Bank will add the associated costs to the principal balance of the Note. If the land or any portion thereof is located in a special flood hazard area, this Agreement may be terminated by Bank at its sole option; (iv) Worker's Compensation Coverage as applicable, insurance which complies with the workers’ compensation and employers’ liability laws of all states in which Grantor shall be required by law. The commercial general to maintain such insurance; and (v) liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance providing coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager in such amount as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall Bank may require but in no event limit the liability of Tenant under this Leaseless than $1,000,000.00 combined single limit, naming Bank as an additional insured; and (vi) such other insurance as Bank may require from time to time. All such property insurance policies carried shall contain an endorsement or agreement by Tenant the insurer in form satisfactory to Bank that any loss shall be payable in accordance with the terms of such policy notwithstanding any act or negligence of Grantor and the further agreement (within both the property and liability policies) of the insurer waiving rights of subrogation against Bank, and rights of set-off, counterclaim or deductions against Grantor. All insurance policies shall be in form, provide coverages, be issued by companies having a rating and be in amounts satisfactory to Bank. At least 30 days prior to the expiration of not less than A-VIII in Best's Insurance Guideeach such policy, Grantor shall furnish Bank with evidence satisfactory to Bank that such policy has been renewed or replaced or is no longer required hereunder. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it canthe policy will not be canceled except upon thirty (30) or materially amended without at least 30 days prior written notice to Landlord (except Bank. In the event Grantor fails to provide, maintain, keep in cases force, and furnish to Bank the policies of noninsurance required by this paragraph, Bank may procure such insurance or single-payment of interest insurance in such amounts, at such premium, in which case for such risks and by such means as Bank chooses, at Grantor’s expense; provided however, Bank shall have no responsibility to obtain any insurance, but if Bank does obtain insurance, Bank shall have no responsibility to assure that the notice insurance obtained shall be ten (10) days). Tenant shall comply with all rules and directives of adequate or provide any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited protection to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesGrantor.
Appears in 1 contract
Samples: Deed to Secure Debt and Assignment of Rents (Roberts Realty Investors Inc)
Required Insurance. Tenant shallBorrower and Corporate Guarantor shall maintain or cause to be maintained insurance on its Property against fire, flood, casualty, public liability, business interruption and such other hazards, as well as general liability, medical malpractice insurance and other liability insurance related to the business of Borrower and Corporate Guarantor required by Lender, all in such amounts, with such deductibles and with such insurers as are at all times during the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant Lender (the “Required Insurance”). All of the policies relating to the Required Insurance shall contain standard “lender loss payable” and any Mortgagee “additional insured” clauses issued in favor of Landlord, Lender (where applicable) pursuant to which all losses thereunder shall be paid to Lender as their respective Lender’s interests may appear. Such policies shall expressly provide that the Required Insurance cannot be altered or canceled without thirty (30) days’ prior written notice to Lender and shall insure Lender notwithstanding the act or neglect of the insured. At or prior to Closing, including (i) a policy of standard fire, extended coverage Borrower and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant Corporate Guarantor shall furnish to Landlord Lender with insurance certificates certified as true and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC correct and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be being in full force and effecteffect as of the Closing Date or such other evidence of the Required Insurance as Lender may require. The In the event Borrower or Corporate Guarantor fails to procure or cause to be procured any of the Required Insurance or to timely pay or cause to be paid the premium(s) on any of the Required Insurance (or to provide evidence of any of the foregoing to Lender promptly upon request therefor), Lender may do so for Borrower or Corporate Guarantor, as the case may be, but Borrower shall continue to be liable for the same. Borrower and Corporate Guarantor further covenant that all insurance premiums owing under the current casualty policy sets forth minimum limits will be paid when due. Borrower also agrees to notify Lender, promptly, upon Borrower’s or Corporate Guarantor’s receipt of liability a notice of termination, cancellation or non-renewal from its insurance company of any of the Required Insurance. Each of Borrower and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than ACorporate Guarantor hereby appoint Lender as its attorney-VIII in Best's Insurance Guide. All such policies shall be endorsed in-fact, exercisable at Lender’s option, to agree that Tenant's policy is primary and that endorse any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord check which may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from to Borrower or Corporate Guarantor, as the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premiumcase may be, in which case order to collect the notice shall be ten (10) days). Tenant shall comply with all rules and directives proceeds of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesRequired Insurance.
Appears in 1 contract
Required Insurance. Tenant shall, at all times during the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's ’s Building Manager, Cornerstone Real Estate Advisers Advisers, LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including (i) a policy of standard fire, extended coverage and special extended coverage ("“all risk"”) property insurance which shall be primary on the lease improvements referenced in Article 5 and Tenant's ’s property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's ’s telecommunications equipment and all other perils, failures or interruptions, (iii) commercial comprehensive general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Two Million Dollars ($2,000,000) combined single limit for each occurrence, $2,000,000 and Three Million Dollars general aggregate and umbrella liability insurance with limits of liability ($3,000,000) in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general the annual aggregate, (iv) Worker's ’s Compensation Coverage as required by law. The commercial comprehensive general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, On or any agent, contractor or employee of Tenant, entering before the Premises for any reason following the execution and delivery of this LeaseCommencement Date, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers Advisers, LLC and Landlord's ’s Building Manager as additional insureds. The certificate holder under such certificates of insurance shall be Landlord in care of Landlord’s Building Manager at the address set forth in Article 1.7 above. Renewal certificates must be furnished to Landlord at least thirty (30) days prior to the expiration date of such insurance policies showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's ’s procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's ’s Insurance Guide. All such policies shall be endorsed to agree that Tenant's ’s policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's ’s behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days)Landlord. Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such rates.
Appears in 1 contract
Samples: Office Lease (Medivation, Inc.)
Required Insurance. Tenant shallBorrowers shall maintain or cause to be maintained insurance on its Property against fire, casualty, public liability, business interruption and such other hazards, as well as general liability, medical malpractice insurance and other liability insurance related to the business of the Borrowers required by the Lender, all in such amounts, with such deductibles and with such insurers as are at all times during the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant Lender (the “Required Insurance”). The policies relating to the Required Insurance shall contain standard “lender loss payable” clauses with respect to property insurance and any Mortgagee “additional insured” clauses with respect to general liability or automobile insurance issued in favor of Landlord, Lender pursuant to which all losses thereunder shall be paid to Lender as their respective Lender’s interests may appear, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such Such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall expressly provide that it cannot be canceled except upon thirty (30) days prior written notice the carrier of any Required Insurance will endeavor to Landlord (except in cases of non-payment of premium, in which case the notice shall be provide ten (10) days)’ prior written notice of cancelation of such policy for non-payment to Lender and shall insure Lender notwithstanding the act or neglect of the insured. Tenant At or prior to Closing, Borrowers shall comply furnish Lender with insurance certificates certified as true and correct and being in full force and effect as of the Closing Date or such other evidence of the Required Insurance as Lender may require. In the event Borrowers fail to procure or cause to be procured any of the Required Insurance or to timely pay or cause to be paid the premium(s) on any of the Required Insurance, Lender may do so for Borrowers, but Borrowers shall continue to be liable for the same. Borrowers further covenant that all rules and directives insurance premiums owing under its current casualty policy have been paid. Borrowers also agree to notify Lender, promptly, upon any Borrower’s receipt of a notice of termination, cancellation or non-renewal from its insurance company of any insurance boardof the Required Insurance. Each Borrower hereby appoints Lender as its attorney-in-fact, company or agency determining rates exercisable at Lender’s option, upon the occurrence and during the continuation of hazard coverage for an Event of Default, to endorse any check which may be payable to such Borrower in order to collect the Premises, including but not limited to proceeds of the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesRequired Insurance.
Appears in 1 contract
Required Insurance. Tenant shallshall obtain and pay premiums for, and at all times during the Term of this Leaseterm hereof maintain in effect, and at its own Tenant's sole cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including : (i) a policy of standard fire, fire and extended coverage insurance, with flood, malicious mischief and special extended coverage vandalism endorsements covering ("all risk"A) property insurance on Tenant's fixtures, furnishings and equipment installed in or about the Premises, (B) all partitions, mechanical, electrical, plumbing, floor covering or similar installations made by Tenant, if any, under the authority and provisions of the Lease, (C) all alterations, additions, modifications, improvements, installations and changes to the Premises made by Tenant or for Tenant's account as permitted hereunder, and (D) all of Tenant's inventory and other personal property, including its goods, equipment and inventory, in an amount adequate equal to cover their the full insurable value of all such items (i.e., replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coveragevalues without regard to depreciation); (ii) business interruption insurance, loss public liability insurance protecting both Landlord and Tenant with limits of income at least Five Million Dollars ($5,000,000) for each occurrence and extra expense insurance covering Five Million Dollars ($5,000,000) in the failure of Tenant's telecommunications equipment aggregate and all other perils, failures or interruptions, which includes property damage liability coverage; (iii) commercial general liability business interruption insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit sufficient to cover temporary relocation and Rent and other expenses for each occurrence, $2,000,000 Million Dollars general aggregate up to one (1) year; and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Workerworker's Compensation Coverage compensation or similar insurance affording statutory coverage and containing statutory limits. Such coverages may be provided by blanket policies. Tenant shall name as an additional insured on any liability policy maintained by Tenant pursuant to this Section 6.14 Landlord and any other parties in interest from time to time designated in writing by notice from Landlord to Tenant. Certificates evidencing such policies or other reasonably satisfactory evidence of such coverage shall be provided to Landlord within five (5) days of the execution hereof, and annually thereafter. All insurance policies required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant Section 6.14 shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's written as primary policy is primary and that any insurance covered by Landlord is excess coverage and not contributing with or in excess of any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, coverage which Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall carry; provide that it cannot be canceled except upon for thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company cancellation or agency determining rates other expiration of hazard coverage for the Premises, including but not limited to the installation such policy; and contain an express waiver of any equipment and/or the correction right of any condition necessary subrogation and an express consent to prevent any increase in such ratesa waiver of right of recovery against Landlord, its employees, and its agents.
Appears in 1 contract
Required Insurance. Tenant So long as this Agreement remains in effect, Grantor shall, at its sole cost, keep and/or cause others, at their expense, to keep the Collateral constantly insured against loss by fire, by hazards included (degree)within the term "extended coverage," and by such other hazards (including flood insurance where applicable) as may be required by Lender. Insurance Proceeds. Lender shall have the right to directly receive the proceeds of all times during insurance protecting the Term Collateral. In the event that Grantor should receive any such insurance proceeds, Grantor agrees to immediately turn over and to pay such proceeds directly to tender. All insurance proceeds may be applied, at its sole option and discretion, and in such a manner as Lender may determine (after payment of all reasonable costs, expenses and attorneys' fees necessarily paid or fees necessarily paid or incurred by Lender in this 'connection), for the purpose of: (1) repairing or restoring the lost, damaged or destroyed Collateral; or (2) reducing the then outstanding balance of Grantor's Indebtedness. Lender's receipt of such insurance proceeds and the application of such proceeds as provided herein shall not, however, affect the lien of this LeaseAgreement. Nothing under this section shall be deemed to excuse Grantor from its obligations promptly to repair, replace or restore any lost or damaged Collateral, whether or not the same may be covered by insurance, and at its own cost and expense, maintain whether or not such proceeds of insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsementare available, and sprinkler leakage coverage; (ii) business interruption insurancewhether such proceeds are sufficient in amount to complete such repair,. replacement or restoration to the satisfaction of Lender. Furthermore, loss unless otherwise confirmed by Lender in writing, the application or release of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered proceeds by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but Lender shall not be required todeemed to cure or waive any Event of Default under this Agreement. Any proceeds which have not been disbursed within six (6) procure said insurance on Tenant's behalf months after their receipt and charge Tenant which Grantor has not committed to the cost thereof, which amount repair or restoration of the Collateral shall be payable by Tenant upon demand with interest from used to prepay the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesIndebtedness.
Appears in 1 contract
Required Insurance. Tenant shallMortgagor will, at all times during the Term of this Lease, and at its own Mortgagor's sole cost and expense, maintain insurance policiesor cause to be maintained with respect to the Mortgaged Property, with responsible companies licensed and each part thereof, the following insurance:
(a) Insurance against loss or damage to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant Improvement by fire and any Mortgagee of Landlord, the risks covered by insurance of the type now known as their respective interests may appear, "fire and extended coverage" (including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (iimischief) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate the original amount of the Note or the full replacement cost of the Houses;
(b) Reporting form "all risk" Builders' Risk Insurance (including hazard and umbrella liability material stockpile clauses) without co-insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence 100% of the replacement cost of the Houses;
(c) Flood Hazardous Insurance in the amount of the principal amount of the Note or the maximum limit of coverage available under the National Flood Insurance Act of 1968, Disaster Protection Act of 1973, and $4 Million Dollars general aggregatethe Housing and Community Development Acts of 1974 and 1977, all as amended, whichever is less;
(ivd) Worker's Compensation Coverage as required by law. The commercial Single limit comprehensive general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises insurance for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII Three Million and 00/100 U.S. Dollars ($3,000,000.00) against claims and liability for bodily injury or property damage to persons or property occurring on the Mortgaged Property; and
(e) Such other insurance, and in Best's Insurance Guidesuch amounts, as may from time to time be required by Mortgagee against the same or other hazards. All such policies of insurance required by the terms of this Mortgage shall be endorsed to agree that Tenant's policy is primary and contain an endorsement or agreement by the insurer that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount loss shall be payable by Tenant upon demand in accordance with interest from the date terms of such sums are extendedpolicy notwithstanding any act or negligence of Mortgagor which might otherwise result in forfeiture of said insurance and the further agreement of the insurer waiving all rights of set off, counterclaim or deductions against Mortgagor. All Mortgagor may effect for its own account any insurance not required under this Section 1.04, but any such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for effected by Mortgagor on the Premises, including but whether or not limited so required, shall be for the mutual benefit of Mortgagor and Mortgagee and shall be subject to the installation other provisions of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesthis Mortgage.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Oriole Homes Corp)
Required Insurance. Tenant shall, The Mortgagor will at all times during while this Mortgage is in effect, at the Term of this Lease, and at its own Mortgagor's sole cost and expense, maintain or cause to be maintained with respect to the Mortgaged Property and each part thereof, the following insurance:
(a) So long as any Improvements are located upon the Premises, Insurance against risks customarily covered by insurance policiesof the type known as "all risks fire and extended coverage", with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlordincluding, naming Landlordbut not limited to, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including (i) a policy of standard loss by fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's propertywindstorm, including its goodshail, equipment and inventoryearthquakes, in an amount adequate to cover their replacement costboiler, including a vandalism and machinery, explosion, riot, aircraft, smoke, vandalism, malicious mischief endorsementmischief, and sprinkler leakage coverage; (ii) business interruption insurancevehicle damage, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrencethe greater of the full one hundred percent (100%) replacement cost of the Improvements or the face amount of the Note. The policy or policies shall contain a standard mortgagee clause showing the Mortgagee as the loss payee.
(b) If at any time during the term of this Mortgage or any extension, $2,000,000 Million Dollars general aggregate or renewal thereof the Premises are designated a flood prone or flood risk area pursuant to the Flood Disaster Protection Act of 1973, as amended or supplemented, and umbrella liability any Improvements are located upon the Premises, the Mortgagor shall maintain flood insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general the Mortgagee.
(c) Comprehensive public liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenantinsurance (including coverage for elevators and escalators, or any agentif any, contractor or employee of Tenant, entering on the Premises for and, if any reason following the construction of new Improvements occurs after execution and delivery of this LeaseMortgage, Tenant shall furnish to Landlord completed operations coverage for two (2) years after construction of the Improvements has been completed) on an "occurrence basis" against claims for "personal injury" including without limitation bodily injury, death or property damage occurring on, in or about the Premises and its Building Managerthe adjoining streets, certificates sidewalks and passageways, plus loss of insurance evidencing the insurance coverage set forth aboverents coverage, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having to afford immediate minimum protection to a rating limit of not less than AOne Million and 00/100 Dollars ($1,000,000.00), or in such greater amount as the Mortgagee may reasonably require. The policy shall include the Mortgagee as a named insured.
(d) During the course of any construction or repair of Improvements on the Premises:
(i) Worker's compensation insurance (including employer's liability insurance, if requested by the Mortgagee) for all employees of the Mortgagor engaged on or with respect to the Premises in such amount as is reasonably satisfactory to the Mortgagee, or, if such limits are established by law, in such amounts; and
(ii) Builder's completed value risk insurance against "all risks of physical loss", including collapse and transit coverage, during construction of such Improvements, with deductibles not to exceed One Thousand and 00/100 Dollars ($1,000.00), in non-VIII reporting form, covering the total value of work performed and equipment, supplies and materials furnished. Said policy of insurance shall contain the "permission to occupy upon completion of work or occupancy" endorsement.
(e) Such other insurance, and in Best's Insurance Guidesuch amounts, as may from time to time be required by the Mortgagee against the same or other hazards. All such policies shall be endorsed to agree that Tenant's policy is primary and that The Mortgagor may effect for its own account any insurance covered by Landlord is excess and not contributing with required under this Section 1.04, but any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance effected by the Mortgagor on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but whether or not limited so required, shall be for the mutual benefit of the Mortgagor and the Mortgagee and shall be subject to the installation other provisions of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesthis Mortgage.
Appears in 1 contract
Required Insurance. Tenant shallBorrower shall maintain or cause to be maintained insurance on Borrower’s properties and assets against fire, at all times during the Term of this Leasecasualty, public liability, as well as general liability, and at other liability insurance related to the business of Borrower (or, if applicable, its own cost and expensedirect or indirect Subsidiaries) as is customary for such business, maintain insurance policiesall in such amounts, with responsible companies licensed such deductibles and with such insurers as are customary for such business, and otherwise as required pursuant to do business the terms of the Security Documents (the “Required Insurance”). All of the policies relating to the Required Insurance shall contain standard “mortgagee” (where applicable), “lender loss payable” and “additional insured” (where applicable) clauses issued in the state where the Building is located and reasonably satisfactory favor of Lender pursuant to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, which all losses thereunder shall be paid to Lender as their respective Lender’s interests may appear. Such policies shall expressly provide that the Required Insurance cannot be altered in any way adverse to Lender or canceled without thirty (30) days’ (or ten (10) days with respect to nonpayment of premium) prior written notice to Lender and shall insure Lender notwithstanding the act or neglect of the insured. At or prior to the date hereof, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant Borrower shall furnish to Landlord Lender with insurance certificates certified as true and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC correct and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be being in full force and effecteffect as of the date hereof or such other evidence of the Required Insurance as Lender may require. In the event the Borrower fails to procure or causes to be procured any of the Required Insurance or to timely pay or cause to be paid the premium(s) on any of the Required Insurance, Lender may do so for Borrower, but Borrower shall continue to be liable for the same. Borrower further covenants that all insurance premiums owing under its current casualty policy or policies will be paid when due. Borrower also agrees to notify Lender, promptly, upon Borrower’s receipt of a notice of termination, cancellation or non-renewal from its insurance company of any of the Required Insurance. Borrower hereby appoints Lender as its attorney-in-fact, exercisable at Lender’s option upon the occurrence and during the continuance of an Event of Default, to endorse any check which may be payable to Borrower in order to collect the proceeds of the Required Insurance. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but general requirements shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives limitation or derogation of any other requirement of Borrower to obtain and/or maintain insurance board, company or agency determining rates of hazard coverage for the Premisesas specified in any other Loan Document, including but not limited to the installation of without limitation, any equipment and/or the correction of any condition necessary to prevent any increase in such ratesSecurity Document.
Appears in 1 contract
Samples: Loan Agreement (Bovie Medical Corp)
Required Insurance. Tenant So long as this Agreement remains in effect Grantor shall, at all times during the Term of this Leaseits sole cost keep and/or cause others, and at its own cost and their expense, maintain insurance policies, with responsible companies licensed to do business in keep the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including (i) a policy of standard Collateral constantly insured against loss by fire, by hazards included within the term "extended coverage coverage," and special extended coverage by such other hazards ("all risk"including flood insurance where applicable) property as may be required by Lender. Such insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability shall be in an amount not less than $1,000,000 Million Dollars combined single limit the full replacement value of the Collateral, or such other amount or amounts as Lender may require or approve in writing. Grantor shall further provide and maintain, at its sole cost and expense, comprehensive public liability insurance, naming both Grantor and Lender as parties insured, protecting against claims for each occurrencebodily injury, $2,000,000 Million Dollars general aggregate death and/or property damage arising out of the use, ownership, possession, operation and umbrella liability insurance with limits condition of liability in an amount not less than $4,000,000 Million Dollars each occurrence the Collateral, and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include further containing a broad form contractual liability which includes the provisions of Article 9 hereinendorsement covering Grantor's obligations to indemnity Lender as provided hereunder. Prior Grantor may purchase such insurance from any insurance company or broker that is acceptable to TenantLender, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must provided that such approval may not be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Leaseunreasonably withheld. All such insurance policies carried by Tenant shall policies, including renewals and replacements, must also be with companies having in form and substance acceptable to Lender, and must additionally contain a rating loss payable or other endorsement in favor of not less than A-VIII Lender providing in Best's Insurance Guide. All part that (a) all proceeds and returned premiums under such policies of insurance will be paid directly to Lender, and (b) no act or omission on the part of Grantor, or any of its officers, agents, employees or representatives, nor breach of any warranty contained in such policies, shall be endorsed affect the obligations of the insurer to agree that Tenant's policy is primary and that pay the full amount of any loss to Lender. Such policies of insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain may also contain a provision prohibiting cancellation or the alteration of such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon without at least thirty (30) days days' prior written notice to Landlord Lender of such intended cancellation or alteration. Grantor agrees to provide Lender with originals or certified copies of such policies of insurance. Grantor further agrees to promptly furnish Lender with copies of all renewal notices and, if requested by Lender, with copies of receipts for paid premiums. Grantor shall provide Lender with originals or certified copies of all renewal or replacement policies of insurance no later than fifteen (except 15) days before any such existing policy or policies should expire. It Grantor's insurance polices and renewals we hold by another person, Grantor agrees to supply original or certified copies of the same to Lender within the time periods required above. Grantor agrees to notify immediately Lender in cases writing of nonany material casualty to or accident involving the Collateral, whether or not such casualty or loss is covered by insurance. Grantor further agrees to promptly notify Grantor's insurance company and to submit an appropriate claim and proof of claim to the insurance company in the event that any Collateral is lost, damaged, or destroyed as a result of an insured hazard. Lender may submit such a claim and proof of claim to this insurance company on Grantor's behalf, should Grantor fail to do so promptly for any reason. Grantor hereby irrevocably appoints Lender as its agent and attorney-in-fact such agency being coupled with an interest to make, settle and adjust claims under such policy or policies of insurance and to endorse the name of Grantor on any check or other item of payment for the proceeds thereof, it being understood, however, that unless one or more Events of Default exist under this Agreement, Lender will not settle or adjust any such claim without the prior approval of Grantor (which approval shall not be unreasonably withheld). Insurance Proceeds. Lender shall have the right to directly receive the proceeds of all insurance protecting the Collateral. In the event that Grantor should receive any such insurance proceeds, Grantor agrees to immediately turn over and to pay such proceeds directly to Lender. All insurance proceeds may be applied, at Lender's sole option and discretion, and in such a manner as Lender may determine (after payment of premiumall reasonable costs, expenses and attorneys' fees necessarily paid or fees necessarily paid or incurred by Lender in which case this connection), for the notice purpose of: (a) repairing or restoring the lost, damaged or destroyed Collateral; or (b) reducing the then outstanding balance of Grantor's Indebtedness. Lender's receipt of such insurance proceeds and the application of such proceeds as provided herein shall not, however, affect the lien of this Agreement. Nothing under this section shall be ten (10) days)deemed to excuse Grantor from its obligations promptly to repair, replace or restore any lost or damaged Collateral, whether or not the same may be covered by insurance, and whether or not such proceeds of insurance are available, and whether such proceeds are sufficient in amount to complete such repair, replacement or restoration to the satisfaction of Lender. Tenant shall comply with all rules and directives Furthermore, unless otherwise confirmed by Lender in writing, the application or release of any insurance board, company proceeds by Lender shall not be doomed to cure or agency determining rates waive any Event of hazard coverage for the Premises, including but Default under this Agreement. Any proceeds which have not limited been disbursed within six (6) months after their receipt and which Grantor has not committed to the installation repair or restoration of any equipment and/or the correction of any condition necessary Collateral shall be used to prevent any increase in such ratesprepay the indebtedness.
Appears in 1 contract
Samples: Commercial Security Agreement (American Fire Retardant Corp)
Required Insurance. Tenant shallBorrower shall maintain or cause to be maintained insurance on Borrower’s (and, at all times during the Term of this Leaseif applicable, its direct or indirect Subsidiaries’) properties and assets against fire, casualty, public liability, as well as general liability, and at other liability insurance related to the business of Borrower (or, if applicable, its own cost and expensedirect or indirect Subsidiaries) as is customary for such business, maintain insurance policiesall in such amounts, with responsible companies licensed such deductibles and with such insurers as are customary for such business (the “Required Insurance”). All of the policies relating to do business the Required Insurance shall contain standard “mortgagee” (where applicable), “lender loss payable” and “additional insured” (where applicable) clauses issued in the state where the Building is located and reasonably satisfactory favor of Bank pursuant to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, which all losses thereunder shall be paid to Bank as their respective Bank’s interests may appear. Such policies shall expressly provide that the Required Insurance cannot be altered in any way adverse to Bank or canceled without thirty (30) days’ (or ten (10) days with respect to nonpayment of premium) prior written notice to Bank and shall insure Bank notwithstanding the act or neglect of the insured. At or prior to the date hereof, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant Borrower shall furnish to Landlord Bank with insurance certificates certified as true and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC correct and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be being in full force and effecteffect as of the date hereof or such other evidence of the Required Insurance as Bank may require. In the event the Borrower fails to procure or causes to be procured any of the Required Insurance or to timely pay or cause to be paid the premium(s) on any of the Required Insurance, Bank may do so for Borrower, but Borrower shall continue to be liable for the same. Borrower further covenants that all insurance premiums owing under its current casualty policy or policies will be paid when due. Borrower also agrees to notify Bank, promptly, upon Borrower’s receipt of a notice of termination, cancellation or non-renewal from its insurance company of any of the Required Insurance. Borrower hereby appoints Bank as its attorney-in-fact, exercisable at Bank’s option upon the occurrence and during the continuance of an Event of Default, to endorse any check which may be payable to Borrower in order to collect the proceeds of the Required Insurance. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but general requirements shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives limitation or derogation of any other requirement of Borrower to obtain and/or maintain insurance board, company or agency determining rates of hazard coverage for the Premisesas specified in any other Loan Document, including but not limited to the installation of without limitation, any equipment and/or the correction of any condition necessary to prevent any increase in such ratesSecurity Document.
Appears in 1 contract
Required Insurance. Tenant shall, at all times during Grantor shall maintain with respect to the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including Property: (i) a policy during construction of standard fireany improvements on the Property, extended coverage "all-risk" builders risk insurance which must include windstorm, hail damage, fire and special extended coverage vandalism ("all risk") property insurance on Tenant's propertynon-reporting Completed Value with Special Cause of Loss form), including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrencethe completed replacement value of the improvements under construction, $2,000,000 Million Dollars general aggregate naming Bank as mortgagee and umbrella liability loss payee; (ii) upon completion of construction, upon occupancy of any improvements, and at all other times, insurance with limits of liability against loss or damage by fire and other casualties and hazards by insurance written on an "all risks" basis, in an amount not less than $4,000,000 Million Dollars each occurrence the replacement cost thereof, including coverage for loss of rents or business interruption if applicable, naming Bank as loss payee and $4 Million Dollars general aggregatemortgagee; (iii) if the Property is required to be insured pursuant to the National Flood Reform Act of 1994, and the regulations promulgated thereunder, flood insurance is required in the amount equal to the lesser of the loan amount or maximum available under the National Flood Insurance Program, but in no event should the amount of coverage be less than the value of the improved structure, naming Bank as mortgagee and loss payee. If, after closing, the Property (or any part thereof) is remapped and if the vertical improvements are determined to be located in a special flood hazard area, Grantor must obtain and maintain a flood insurance policy. If, within forty-five (45) days of receipt of notification from Bank that the Property has been reclassified by FEMA as being located in a special flood hazard area, Grantor has not provided sufficient evidence of flood insurance, Bank is mandated under federal law to purchase flood insurance on behalf of Grantor, and Bank will add the associated costs to the principal balance of the Note. If the land or any portion thereof is located in a special flood hazard area, this Agreement may be terminated by Bank at its sole option; (iv) Worker's Compensation Coverage as applicable, insurance which complies with the workers’ compensation and employers’ liability laws of all states in which Grantor shall be required by law. The commercial general to maintain such insurance; and (v) liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance providing coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager in such amount as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall Bank may require but in no event limit the liability of Tenant under this Leaseless than $1,000,000.00 combined single limit, naming Bank as an additional insured; and (vi) such other insurance as Bank may require from time to time. All such property insurance policies carried shall contain an endorsement or agreement by Tenant the insurer in form satisfactory to Bank that any loss shall be payable in accordance with the terms of such policy notwithstanding any act or negligence of Grantor and the further agreement (within both the property and liability policies) of the insurer waiving rights of subrogation against Bank, and rights of set-off, counterclaim or deductions against Grantor. All insurance policies shall be in form, provide coverages, be issued by companies having a rating and be in amounts satisfactory to Bank. At least 30 days prior to the expiration of not less than A-VIII in Best's Insurance Guideeach such policy, Grantor shall furnish Bank with evidence satisfactory to Bank that such policy has been renewed or replaced or is no longer required hereunder. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it canthe policy will not be canceled except upon thirty (30) or materially amended without at least 30 days prior written notice to Landlord (except Bank. In the event Grantor fails to provide, maintain, keep in cases force, and furnish to Bank the policies of noninsurance required by this paragraph, Bank may procure such insurance or single-payment of interest insurance in such amounts, at such premium, in which case for such risks and by such means as Bank chooses, at Grantor's expense; provided however, Bank shall have no responsibility to obtain any insurance, but if Bank does obtain insurance, Bank shall have no responsibility to assure that the notice insurance obtained shall be ten (10) days). Tenant shall comply with all rules and directives of adequate or provide any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited protection to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesGrantor.
Appears in 1 contract
Samples: Deed of Trust (Aerosonic Corp /De/)
Required Insurance. Tenant shall, at all times during the Term of this Lease, and at its own cost and expense, Each Restricted Person will maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may effect (but shall not be required toi) procure said casualty insurance on Tenant's behalf all applicable material real and charge Tenant personal property included in the Collateral on an all-risks basis (including the perils of flood and quake where required by law) covering the repair and replacement cost thereofof all such property of the kinds customarily carried or maintained by Persons of established reputation engaged in similar businesses and in amounts and with deductibles reasonably acceptable to Administrative Agent, which amount shall be payable (ii) insurance coverage for public liability insurance (including products/completed operations liability coverage), in each case of the kinds customarily carried or maintained by Tenant upon demand Persons of established reputation engaged in similar businesses and in amounts and with interest from the date deductibles reasonably acceptable to Administrative Agent, and (iii) such sums are extendedother insurance coverage in such amounts and with respect to such risks as Administrative Agent may reasonably request. All such insurance shall provide be provided by financially sound and reputable insurance companies not Affiliates of Borrower and having a minimum A.M. Best rating of A, size category VII. On or prior to the Closing Date, and at all times thereafter, Restricted Persons will cause Administrative Agent to be named as an additional insured and loss payee (which shall include, as applicable, identification as mortgagee), as applicable, on each insurance policy required to be maintained pursuant to this Section 4.8(a) pursuant to endorsements in form and content reasonably acceptable to Administrative Agent. Borrower will deliver to Administrative Agent (i) on or before the Closing Date, a certificate from Restricted Persons’ insurance broker dated such date showing the amount of coverage as of such date, and that it cannot such policies will include effective waivers (whether under the terms of any such policy or otherwise) by the insurer of all claims for insurance premiums against all loss payees and additional insureds and all rights of subrogation against all loss payees and additional insureds, and that if all or any part of such policy is canceled or terminated, the insurer will forthwith give notice thereof to each additional insured and loss payee and that no cancellation, reduction in amount or material change in coverage thereof shall be canceled except upon thirty (30) effective until at least 30 days prior after receipt by each additional insured and loss payee of written notice thereof, (ii) on an annual basis, and upon the request of Administrative Agent from time to Landlord time, full information as to the insurance carried, (except in cases iii) within 10 days of non-payment receipt of premiumnotice from any insurer, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives a copy of any notice of cancellation, nonrenewal or material change in coverage from that existing on the Closing Date, and (iv) immediately, notice of any cancellation or nonrenewal of coverage by any Restricted Person. In the event Borrower fails to provide Administrative Agent with evidence of the insurance boardcoverage required by this Agreement, company or agency determining rates of hazard Administrative Agent may purchase insurance at Restricted Persons’ expense to protect Lenders’ interest in the Collateral after providing notice thereof to Borrower. The coverage purchased by Administrative Agent may, but need not, protect Restricted Persons’ interests. Borrower may later cancel any insurance purchased by Administrative Agent, but only after providing Administrative Agent with evidence that Restricted Persons have obtained insurance as required by this Agreement. If Administrative Agent purchases insurance for the PremisesCollateral, to the fullest extent provided by Law, Restricted Persons will be responsible for the costs of that insurance, including but not limited interest and other charges imposed by Administrative Agent in connection with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance may be added to the installation Obligations. Borrower acknowledges that the costs of any equipment and/or insurance purchased by Administrative Agent may be more than the correction cost of any condition necessary insurance that Borrower would be able to prevent any increase in such ratesobtain on its own.
Appears in 1 contract
Samples: Credit Agreement (Unit Corp)
Required Insurance. Tenant shall, at all times during Mortgagor shall maintain with respect to the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including Property: (i) a policy during construction of standard fireany improvements on the Property, extended coverage "all-risk" builders risk insurance which must include windstorm, hail damage, fire and special extended coverage vandalism ("all risk") property insurance on Tenant's propertynon-reporting Completed Value with Special Cause of Loss form), including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrencethe completed replacement value of the improvements under construction, $2,000,000 Million Dollars general aggregate naming Bank as mortgagee and umbrella liability loss payee, and endorsed to provide that occupancy by any person shall not void such coverage; (ii) upon completion of construction and at all other times, insurance with limits of liability against loss or damage by fire and other casualties and hazards by insurance written on an "all risks" basis, including malicious mischief coverage, in an amount not less than $4,000,000 Million Dollars each occurrence the replacement cost thereof, including coverage for loss of rents or business interruption if applicable, naming Bank as loss payee and $4 Million Dollars general aggregatemortgagee; (iii) if the Property is required to be insured pursuant to the National Flood Reform Act of 1994, and the regulations promulgated thereunder, flood insurance is required in the amount equal to the lesser of the loan amount or maximum available under the National Flood Insurance Program, but in no event should the amount of coverage be less than the value of the improved structure, naming Bank as mortgagee and loss payee. If, after closing, the Property (or any part thereof) is remapped and if the vertical improvements are determined to be located in a special flood hazard area, Mortgagor must obtain and maintain a flood insurance policy. If, within forty-five (45) days of receipt of notification from Bank that the Property has been reclassified by FEMA as being located in a special flood hazard area, Mortgagor has not provided sufficient evidence of flood insurance, Bank is mandated under federal law to purchase flood insurance on behalf of Mortgagor, and Bank will add the associated costs to the principal balance of the Note. If the land or any portion thereof is located in a special flood hazard area, this Agreement may be terminated by Bank at its sole option; (iv) Worker's Compensation Coverage as applicable, insurance which complies with the workers' compensation and employers' liability laws of all states in which Mortgagor shall be required by law. The commercial general to maintain such insurance; and (v) liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance providing coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager in such amount as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall Bank may reasonably require but in no event limit the liability of Tenant under this Leaseless than $1,000,000.00 combined single limit, naming Bank as an additional insured; and (vi) such other insurance as Bank may reasonably require from time to time. All such property insurance policies carried shall contain an endorsement or agreement by Tenant the insurer in form satisfactory to Bank that any loss shall be payable in accordance with the terms of such policy notwithstanding any act or negligence of Mortgagor and the further agreement (within both the property and liability policies) of the insurer waiving rights of subrogation against Bank, and rights of set-off, counterclaim or deductions against Mortgagor. All insurance policies shall be in form, provide coverages, be issued by companies having a rating and be in amounts satisfactory to Bank. At least 30 days prior to the expiration of not less than A-VIII in Best's Insurance Guideeach such policy, Mortgagor shall furnish Bank with evidence satisfactory to Bank that such policy has been renewed or replaced or is no longer required hereunder. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it canthe policy will not be canceled except upon thirty (30) or materially amended without at least 30 days prior written notice to Landlord (except Bank. In the event Mortgagor fails to provide, maintain, keep in cases force, and furnish to Bank the policies of noninsurance required by this paragraph, Bank may procure such insurance or single-payment of interest insurance in such amounts, at such premium, in which case for such risks and by such means as Bank chooses, at Mortgagor's expense; provided however, Bank shall have no responsibility to obtain any insurance, but if Bank does obtain insurance, Bank shall have no responsibility to assure that the notice insurance obtained shall be ten (10) days). Tenant shall comply with all rules and directives of adequate or provide any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited protection to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesMortgagor.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents and Security Agreement (A C Moore Arts & Crafts Inc)
Required Insurance. Tenant shallMortgagor will keep the Mortgaged Property insured against loss or damage by fire with extended coverage against any other risks or hazards which, at all times during in the Term opinion of this LeaseMortgagee, should be insured against provided the same are casualties or risks ordinarily and customarily insured against in Madison County, Alabama, to the amount of the full insurable value thereof on a replacement cost basis (or less in the discretion of Mortgagee) with a company or companies and in such form and with such endorsements as may be approved or required by Mortgagee. Loss under said insurance shall be payable to Mortgagee and shall be applied in the same manner as provided in Section 1.05 hereof, and at its own cost said insurance policies shall be endorsed with a standard non-contributory mortgagee clause, and expensemay only be cancelled or modified upon not less than thirty (30) days' prior written notice to Mortgagee. In addition, until the Secured Indebtedness is fully paid, Mortgagor shall maintain the following insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including on a fully paid basis: (i) if the Premises or any part thereof is located within a policy Special Flood Hazard Area, flood insurance acceptable to Mortgagee, pursuant to the provisions of standard firethe Flood Disaster Protection Act of 1973, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property12 CFR, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coveragePart 22; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general public liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined 1,000,000.00 per single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, ; (iviii) Worker's Compensation Coverage insurance as required by law; and (iv) rent loss insurance. The commercial general policy or policies evidencing all insurance referred to in this paragraph or certificates of such insurance satisfactory to Mortgagee, together with receipts for the payment of premiums thereon, shall be delivered to and held by Mortgagee. Mortgagee shall not by the fact of approving, disapproving, accepting, preventing, obtaining or failing to obtain any insurance, incur any liability for the form or legal sufficiency of insurance contracts, solvency of insurance companies, or payment of lawsuits, and Mortgagor hereby expressly assumes full responsibility therefor and liability if any, thereunder. The insurance required under this Section 1.04 may be provided by a blanket policy of insurance covering the Mortgaged Property and other properties owned by the Mortgagor, provided that such blanket policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage meet all requirements set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesSection 1.04.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents and Security Agreement (Angeles Partners Viii)
Required Insurance. Tenant shall, at all times during Mortgagor shall maintain with respect to the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including Property: (i) a policy during construction of standard fireany improvements on the Property, extended coverage "all-risk" builders risk insurance which must include windstorm, hail damage, fire and special extended coverage vandalism ("all risk") property insurance on Tenant's propertynon-reporting Completed Value with Special Cause of Loss form), including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrencethe completed replacement value of the improvements under construction, $2,000,000 Million Dollars general aggregate naming Bank as mortgagee and umbrella liability loss payee; (ii) upon completion of construction, upon occupancy of any improvements, and at all other times, insurance with limits of liability against loss or damage by fire and other casualties and hazards by insurance written on an "all risks" basis, in an amount not less than $4,000,000 Million Dollars each occurrence the replacement cost thereof, including coverage for loss of rents or business interruption if applicable, naming Bank as loss payee and $4 Million Dollars general aggregatemortgagee; (iii) if the Property is required to be insured pursuant to the National Flood Reform Act of 1994, and the regulations promulgated thereunder, flood insurance is required in the amount equal to the lesser of the loan amount or maximum available under the National Flood Insurance Program, but in no event should the amount of coverage be less than the value of the improved structure, naming Bank as mortgagee and loss payee. If, after closing, the Property (or any part thereof) is remapped and if the vertical improvements are determined to be located in a special flood hazard area, Mortgagor must obtain and maintain a flood insurance policy. If, within forty-five (45) days of receipt of notification from Bank that the Property has been reclassified by FEMA as being located in a special flood hazard area, Mortgagor has not provided sufficient evidence of flood insurance, Bank is mandated under federal law to purchase flood insurance on behalf of Mortgagor, and Bank will add the associated costs to the principal balance of the Mortgage Note. If the land or any portion thereof is located in a special flood hazard area, this Agreement may be terminated by Bank at its sole option; (iv) Worker's Compensation Coverage as applicable, insurance which complies with the workers’ compensation and employers’ liability laws of all states in which Mortgagor shall be required by law. The commercial general to maintain such insurance; and (v) liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance providing coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager in such amount as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall Bank may require but in no event limit the liability of Tenant under this Leaseless than $1,000,000.00 combined single limit, naming Bank as an additional insured; and (vi) such other insurance as Bank may require from time to time. All such property insurance policies carried shall contain an endorsement or agreement by Tenant the insurer in form satisfactory to Bank that any loss shall be payable in accordance with the terms of such policy notwithstanding any act or negligence of Mortgagor and the further agreement (within both the property and liability policies) of the insurer waiving rights of subrogation against Bank, and rights of set-off, counterclaim or deductions against Mortgagor. All insurance policies shall be in form, provide coverages, be issued by companies having a rating and be in amounts satisfactory to Bank. At least 30 days prior to the expiration of not less than A-VIII in Best's Insurance Guideeach such policy, Mortgagor shall furnish Bank with evidence satisfactory to Bank that such policy has been renewed or replaced or is no longer required hereunder. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it canthe policy will not be canceled except upon thirty (30) or materially amended without at least 30 days prior written notice to Landlord (except Bank. In the event Mortgagor fails to provide, maintain, keep in cases force, and furnish to Bank the policies of noninsurance required by this paragraph, Bank may procure such insurance or single-payment of interest insurance in such amounts, at such premium, in which case for such risks and by such means as Bank chooses, at Mortgagor's expense; provided however, Bank shall have no responsibility to obtain any insurance, but if Bank does obtain insurance, Bank shall have no responsibility to assure that the notice insurance obtained shall be ten (10) days). Tenant shall comply with all rules and directives of adequate or provide any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited protection to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesMortgagor.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents and Security Agreement (Aerosonic Corp /De/)
Required Insurance. Tenant shall, at all times during the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located Commonwealth of Massachusetts and reasonably satisfactory to Landlord, naming Landlord, Landlord's the Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including including: (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance which shall be primary on the lease improvements referenced in Article 5 and Tenant's ’s property, including its goods, equipment and inventory, in an amount adequate to cover their insurable replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's ’s telecommunications equipment and all other perils, failures or interruptions, ; (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Two Million Dollars ($2,000,000) combined single limit for each occurrence, $2,000,000 and Three Million Dollars general aggregate ($3,000,000) in the annual aggregate; and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's ’s Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability, provided that contractual liability which includes coverage shall not provide coverage for losses arising from the provisions negligence or willful misconduct of Article 9 hereinan additional insured. Prior to Tenant, On or any agent, contractor or employee of Tenant, entering before the Premises for any reason following the execution and delivery of this LeaseCommencement Date, Tenant shall furnish to Landlord and its the Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's the Building Manager as additional insureds. Renewal certificates must be furnished to Landlord at least ten (10) days prior to the renewal or replacement of such insurance policies showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's ’s procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such general liability insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's ’s Insurance Guide. All such policies shall be endorsed to agree that Tenant's ’s policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's ’s behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide Tenant agrees that it cannot no policy required hereunder will be canceled except upon thirty (30) days prior written notice to Landlord (except ten (10) days in cases the case of non-payment of premium, in which case the notice shall be ten (10) days)from Tenant or its insurance agent or consultant. Tenant shall comply with all reasonable and generally applicable rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesrates such as may result from a violation by Tenant.
Appears in 1 contract
Required Insurance. Tenant shall, Owner shall comply with the insurance provisions of the Authorized Lease. The following insurance will be maintained by Owner with respect to the Casino at all times during the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including Term:
(i) All-risk property insurance, including flood (if the Building or Site is located in a Federal Emergency Management Area flood hazard district) and earthquake insurance, on the Building in commercially reasonable amount based on availability and cost thereof. Manager agrees that such policy of standard fireinsurance may contain a so-called deductible not to exceed ONE MILLION AND 00/100 DOLLARS ($1,000,000), subject to change with Owner and Manager approval, not to be unreasonably withheld, due to market conditions and industry standards, provided that Owner shall be a self-insurer of any risk and shall pay any loss which would have been required to be insured hereunder, but for such deductible;
(ii) All-risk business interruption insurance (with extended coverage period of indemnity endorsement) and special extended coverage increased cost of operation insurance for full recovery of the actual loss sustained ("net operating income plus all risk"continuing expenses) property insurance on Tenant's propertyof the Casino (or, including its goodsif greater, equipment the projected Operating Costs and inventoryOwnership Costs for the Casino which are anticipated) for the period from the date of any casualty until the Casino is fully restored and operational, or such additional period as Owner may elect;
(iii) Insurance against loss from accidental damage to, or from the explosion of, boilers in an amount adequate equal to cover their fifty percent (50%) of the full replacement cost, including a vandalism and malicious mischief endorsementvalue of the Building, and sprinkler leakage coverage; damage to adjacent property and property of others, in amounts acceptable to Manager;
(iiiv) Business interruption insurance against loss from accidental damage to, or from the explosion of, boilers for full recovery of the projected Net Revenue (or if greater, projected Operating Costs and Ownership Costs) for the entire period of any such business interruption insurancebut not less than one year from the date of such casualty, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, such additional period as Owner may elect;
(iiiv) commercial Commercial general liability insurance on an occurrence basis with limits of naming Owner and Manager as insureds, covering bodily injury, personal injury (including humiliation), broad form property damage (including completed 42 48 operations), automobile liability (including owned, non-owned and leased automobiles), Innkeeper's liability, and including liquor liability in applicable statutory amounts, products liability and contractual liability in an amount equal to not less than TWO HUNDRED MILLION AND 00/100 DOLLARS ($1,000,000 Million Dollars combined 200,000,000) single limit for each per occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability .
(vi) Comprehensive crime insurance with limits of liability in an amount equal to not less than FIVE MILLION AND 00/100 DOLLARS ($4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, 5,000,000);
(ivvii) WorkerStatutory worker's Compensation Coverage as required by law. compensation insurance; and
(viii) The commercial general liability policy shall include contractual liability which includes amount of the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance minimum coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing in the above coverage to clause (v) may be lowered if an umbrella policy is furnished covering any excess of the liabilities described in full force and effect. The foregoing policy sets forth minimum limits clause (v) with a combined limit of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may TWO HUNDRED MILLION AND 00/100 DOLLARS (but shall not be required to$200,000,000) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesper occurrence.
Appears in 1 contract
Required Insurance. Tenant shallBorrowers shall maintain or cause to be maintained insurance on Borrowers’ Property against fire, flood, casualty, public liability, business interruption and such other hazards, as well as general liability, medical malpractice insurance and other liability insurance related to the business of the Borrowers required by Lender, all in such amounts, with such deductibles and with such insurers as are at all times during the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant Lender (the “Required Insurance”). All of the policies relating to the Required Insurance shall contain standard “lender loss payable” and any Mortgagee “additional insured” clauses issued in favor of Landlord, Lender pursuant to which all losses thereunder shall be paid to Lender as their respective Lender’s interests may appear, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such Such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall expressly provide that it the Required Insurance cannot be altered or canceled except upon without thirty (30) days prior written notice to Landlord (except Lender and shall insure Lender notwithstanding the act or neglect of the insured. At or prior to Closing, Borrowers shall furnish Lender with insurance certificates certified as true and correct and being in cases full force and effect as of the Closing Date or such other evidence of the Required Insurance as Lender may require. In the event Borrowers fail to procure or cause to be procured any of the Required Insurance or to timely pay or cause to be paid the premium(s) on any of the Required Insurance, Lender may do so for Borrowers, but Borrowers shall continue to be liable for the same. Borrowers further covenant that all insurance premiums owing under Borrowers’ current casualty policy have been paid. Borrowers also agree to notify Lender, promptly, upon any Borrower’s receipt of a notice of termination, cancellation or non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives renewal from its insurance company of any insurance boardof the Required Insurance. Each Borrower hereby appoints Lender as its attorney-in-fact, company or agency determining rates exercisable at Lender’s option, to endorse any check which may be payable to such Borrower in order to collect the proceeds of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesRequired Insurance.
Appears in 1 contract
Required Insurance. Tenant shallBorrower shall maintain with respect to each Property: (a) during construction of any Improvements on each Property, at all times during the Term “all-risk” builders risk insurance which must include windstorm, hail damage, fire and vandalism (non-reporting Completed Value with Special Cause of this LeaseLoss form), and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrencethe completed replacement value of the Improvements under construction, $2,000,000 Million Dollars general aggregate naming Lender as mortgagee and umbrella liability loss payee; (b) upon completion of construction, upon occupancy of any Improvements, and at all other times, insurance with limits of liability against loss or damage by fire and other casualties and hazards by insurance written on an “all risks” basis, including malicious mischief coverage, in an amount not less than the replacement cost thereof, including coverage for loss of rents or business interruption if applicable, naming Lender as loss payee and mortgagee; (c) if any Property is required to be insured pursuant to the National Flood Reform Act of 1994, and the regulations promulgated thereunder, flood insurance is required in the amount equal to the lesser of the loan amount or maximum available under the National Flood Insurance Program, but in no event should the amount of coverage be less than the value of the improved structure, naming Lender as mortgagee and loss payee. If, after closing, any Property (or any part thereof) is remapped and if the vertical Improvements are determined to be located in a special flood hazard area, Borrower must obtain and maintain a flood insurance policy. If, within forty-five (45) days of receipt of notification from Lender that any Property has been reclassified by FEMA as being located in a special flood hazard area, Borrower has not provided sufficient evidence of flood insurance, Lender is mandated under federal law to purchase flood insurance on behalf of Borrower, and Lender will add the associated costs to the principal balance of the applicable Note. If the land or any portion thereof is located in a special flood hazard area, this Agreement may be terminated by Lender at its sole option; (d) as applicable, insurance which complies with the workers' compensation and employers' liability laws of all states in which Borrower shall be required to maintain such insurance; and (e) commercial general liability insurance providing coverage in an amount of no less than a combined single limit of $4,000,000 Million Dollars each 1,000,000 per occurrence and $4 Million Dollars general 2,000,000 aggregate, naming Lender as an additional insured; and (ivf) Worker's Compensation Coverage such other insurance as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior Lender may reasonably require from time to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratestime.
Appears in 1 contract
Required Insurance. Tenant shallBorrower will provide, maintain and keep in full force the following insurance coverage with respect to the Property:
4.4.1 Comprehensive insurance against loss or damage to the Improvements and FF&E by fire and any of the risks covered by insurance of the type now known as "All Risks of Physical Loss," with extended coverage in an amount sufficient at all times during the Term of this Leaseto prevent Borrower from becoming a co-insurer under any policy, and at its own in no event less than the full replacement cost (without depreciation) of the Improvements (as determined by Lender from time to time) including the cost of debris removal, but excluding the cost of excavations, foundations, and expensefootings below the lowest basement floor, maintain and with not more than $5,000 deductible from the loss payable for any casualty. In addition, the policies of insurance policies, carried in accordance with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including this Section 4.4.1 will contain (ia) a policy "Replacement Cost Endorsement" and (b) an "Ordinance or Law Coverage," "Contingent Operation of standard fire, extended coverage and special extended coverage (Laws," or "all riskEnforcement" endorsement ;
4.4.2 Business interruption insurance and/or loss of ") property rental value" insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate equal to cover their replacement costthe annual scheduled rent for the Property, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) adjusted annually;
4.4.3 Comprehensive commercial general liability insurance insuring against all claims arising out of possession, use, leasing, operation, construction or condition of the Property, including coverage for employee dishonesty, contractual liability, injury occurring on elevators and escalators and, if any construction of new Improvements occurs after execution of this Agreement, completed operations coverage for two years after completion of such construction, all of such liability insurance to be on an "occurrence basis with limits basis" against claims for "personal injury" including bodily injury, broad form death and property damage occurring on, in or about the Property and the adjoining streets, sidewalks, passageways and Appurtenances, and all court costs and attorneys fees, such insurance to afford immediate minimum protection to a combined single limit of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each per occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount to continue at not less than $4,000,000 Million Dollars each occurrence such limits until Lender requires such limits to be changed when Lender determines that changed economic conditions make such protection inadequate. Such insurance will cover at least (a) premises and $4 Million Dollars general aggregateoperations, (ivb) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include products and completed operations on an "if any" basis, (c) independent contractors, (d) blanket contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution all written and delivery of this Lease, Tenant shall furnish to Landlord oral contracts and its Building Manager, certificates of insurance evidencing the insurance coverage (e) contractual liability covering Borrower's indemnities set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing in the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited Loan Documents to the installation of any equipment and/or extent the correction of any condition necessary to prevent any increase in such rates.same is available;
Appears in 1 contract
Required Insurance. Tenant shallAt all times during this Agreement except as expressly provided to the contrary, while any obligation of Borrower under any Loan Document remains outstanding, Borrower shall cause Mortgage Borrower to obtain and maintain, or cause to be obtained and maintained, at all times during the Term term of this Leasethe Loan, and at its own cost and expensethe insurance policies required by Article 5 of the Mortgage Loan Agreement (the “Policies”), maintain insurance policiesincluding, without limitation, meeting all insurer requirements thereunder in order to satisfy the requirements of Article 5 of the Mortgage Loan Agreement. In addition, subject to applicable law, Borrower shall cause Lender to be included as an additional insured together with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of LandlordMortgage Lender, as their respective interests may appear, including under all liability insurance policies (i) a policy of standard fireexcept with respect to workers’ compensation, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsementemployer’s liability, and sprinkler leakage coverage; (iiautomobile liability) business interruption insurance, loss of income and extra expense insurance covering provided by the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes Borrower under the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this LeaseMortgage Loan Agreement. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cancarrier shall agree not be canceled except upon to cancel or terminate such policy without giving Lender thirty (30) days days’ prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days’ notice for nonpayment of premium), which if the carrier cannot provide such notice, the obligation shall fall to the Borrower to provide. Tenant During the term of the Loan, Borrower shall provide Lender with reasonable evidence of all such insurance required hereunder on or before the date on which Mortgage Borrower is required to provide such evidence to Mortgage Lender. For purposes of this Agreement, to the extent that any insurance proposed to be obtained by Mortgage Borrower does not comply with all rules Article 5 of the Mortgage Loan Agreement, Lender shall have the same approval rights as Agent over the insurance required by Article 5 of the Mortgage Loan Agreement (including, without limitation, the insurers, deductibles and directives of any coverages thereunder, as well as the right to require other insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited pursuant to the installation Mortgage Loan Agreement); provided, however, in the event that Agent approves any such insurance, Lender shall not unreasonably withhold, condition or delay its approval of any equipment and/or the correction of any condition necessary to prevent any increase in Mortgage Borrower obtaining such ratesinsurance.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Required Insurance. Tenant shall, at At all times during this Agreement except as expressly provided to the Term contrary, while any obligation of this LeaseBorrower under any Loan Document remains outstanding:
(a) All-Risk/Special Causes of Loss Insurance. Borrower shall maintain, or cause to be maintained, property insurance covering (i) 100% of the insurable replacement cost of the Improvements (excluding costs of footings, foundations, excavations and underground utilities) and (ii) (if applicable) 100% of the insurable replacement cost value of all Tenant Improvements and betterments that any agreement requires the Borrower to insure against all risks of loss customarily covered by so-called “All-Risk” or Causes of Loss – Special Form policies as generally available in the insurance market at the Effective Date. Any All-Risk or Causes of Loss – Special Form insurance policy shall contain an agreed amount endorsement or a coinsurance waiver endorsement and a replacement cost value endorsement. The policies shall cover at least the following perils: building collapse, fire, flood, tsunami, back-up of sewers and drains, water damage, windstorm, subject to Section 5.1(f), earthquake, earth movement, impact of vehicles and aircraft, lightning, malicious mischief, and at its own cost vandalism (earthquake and expenseearth movement, maintain insurance policiesWeather Catastrophe (which includes named windstorm) and flood may have sub-limits and deductibles as are reasonable and commercially available (in each case, with responsible companies licensed to do business even if higher than the deductible set forth in the state where next sentence)). The property deductible shall not exceed $500,000 per claim or other such amount accepted and approved by the Building is located Administrative Agent. Such insurance policy shall name Borrower as an Insured or Additional Insured for its benefit and the benefit of the Lenders and shall also include Administrative Agent as mortgagee lender loss payee for its benefit and the benefit of the Lenders under a non-contributing California standard mortgagee clause or equivalent endorsement reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's Administrative Agent for real property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such rates.
Appears in 1 contract
Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Required Insurance. Tenant shallBorrower shall maintain or cause to be maintained insurance on Borrower’s properties and assets against fire, at all times during the Term of this Leasecasualty, public liability, as well as general liability, and at its own cost and expenseother liability insurance related to the business of Borrower as is customary for such business, maintain insurance policiesall in such amounts, with responsible companies licensed such deductibles and with such insurers as are customary for such business (the “Required Insurance”). All of the policies relating to do business the Required Insurance shall contain standard “Mortgage” (where applicable), “lender loss payable” and “additional insured” (where applicable) clauses issued in the state where the Building is located and reasonably satisfactory favor of Bank pursuant to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, which all losses thereunder shall be paid to Bank as their respective Bank’s interests may appear. Such policies shall expressly provide that the Required Insurance cannot be altered in any way adverse to Bank or canceled without thirty (30) days’ (or ten (10) days with respect to nonpayment of premium) prior written notice to Bank and shall insure Bank notwithstanding the act or neglect of the insured. At or prior to the date hereof, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant Borrower shall furnish to Landlord Bank with insurance certificates certified as true and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC correct and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be being in full force and effecteffect as of the date hereof or such other evidence of the Required Insurance as Bank may reasonably require. In the event the Borrower fails to procure or causes to be procured any of the Required Insurance or to timely pay or cause to be paid the premium(s) on any of the Required Insurance, Bank may do so for Borrower, but Borrower shall continue to be liable for the same. Borrower further covenants that all insurance premiums owing under its current casualty policy or policies will be paid when due. Borrower also agrees to notify Bank, promptly, upon Borrower’s receipt of a notice of termination, cancellation or non- renewal from its insurance company of any of the Required Insurance. Borrower hereby appoints Bank as its attorney-in-fact, exercisable at Bank’s option upon the occurrence and during the continuance of an Event of Default, to endorse any check which may be payable to Borrower in order to collect the proceeds of the Required Insurance. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but general requirements shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives limitation or derogation of any other requirement of Borrower to obtain and/or maintain insurance board, company or agency determining rates of hazard coverage for the Premisesas specified in any other Loan Document, including but not limited to the installation of without limitation, any equipment and/or the correction of any condition necessary to prevent any increase in such ratesSecurity Agreement.
Appears in 1 contract
Required Insurance. Tenant shall, at all times during Mortgagor shall maintain with respect to the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including Property: (i) a policy during construction of standard fireany improvements on the Property, extended coverage “all-risk” builders risk insurance which must include windstorm, hail damage, fire and special extended coverage vandalism ("all risk") property insurance on Tenant's propertynon-reporting Completed Value with Special Cause of Loss form), including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrencethe lesser of (a) the completed replacement value of the improvements under construction and (b) the outstanding principal amount of the Note, $2,000,000 Million Dollars general aggregate plus accrued interest, naming Bank as mortgagee and umbrella liability loss payee; (ii) upon completion of construction, upon occupancy of any improvements, and at all other times, insurance with limits of liability against loss or damage by fire and other casualties and hazards by insurance written on an “all risks” basis, including malicious mischief, collapse and sinkhole coverage, in an amount not less than $4,000,000 Million Dollars each occurrence the lesser of (a) the completed replacement value of the improvements and $4 Million Dollars general aggregate(b) the outstanding principal amount of the Note, plus accrued interest, naming Bank as loss payee and mortgagee; (iii) if the Property is required to be insured pursuant to the National Flood Reform Act of 1994, and the regulations promulgated thereunder, flood insurance is required in the amount equal to the lesser of the loan amount or maximum available under the National Flood Insurance Program. If, after closing, the Property (or any part thereof) is remapped and if the vertical improvements are determined to be located in a special flood hazard area, Mortgagor must obtain and maintain a flood insurance policy. If, within forty-five (45) days of receipt of notification from Bank that the Property has been reclassified by FEMA as being located in a special flood hazard area, Mortgagor has not provided sufficient evidence of flood insurance, Bank is mandated under federal law to purchase flood insurance on behalf of Mortgagor, and Bank will add the associated costs to the principal balance of the Note; (iv) Worker's Compensation Coverage as applicable, insurance which complies with the workers’ compensation and employers’ liability laws of all states in which Mortgagor shall be required by law. The commercial general to maintain such insurance; and (v) liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance providing coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager in such amount as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall Bank may reasonably require but in no event limit the liability less than $1,000,000.00 combined single limit, naming Bank as an additional insured; and (vi) such other insurance as Bank may reasonably require from time to time; provided such insurance is customary for property of Tenant under this Leasenature and is otherwise available at commercially reasonable rates. All such property insurance policies carried shall contain an endorsement or agreement by Tenant the insurer in form reasonably satisfactory to Bank that any loss shall be payable in accordance with the terms of such policy notwithstanding any act or negligence of Mortgagor and the further agreement (within both the property and liability policies) of the insurer waiving rights of subrogation against Bank, and rights of set-off, counterclaim or deductions against Mortgagor. All insurance policies shall be in form, provide coverages, be issued by companies having a rating and be in amounts reasonably satisfactory to Bank, as required above. At least 30 days prior to the expiration of not less than A-VIII in Best's Insurance Guideeach such policy, Mortgagor shall furnish Bank with evidence satisfactory to Bank that such policy has been renewed or replaced or is no longer required hereunder. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it canthe policy will not be canceled except upon thirty (30) or materially amended without at least 30 days prior written notice to Landlord (except Bank. In the event Mortgagor fails to provide, maintain, keep in cases force, and furnish to Bank the policies of noninsurance required by this paragraph, Bank may procure such insurance or single-payment of interest insurance in such amounts, at such premium, in which case for such risks and by such means as Bank chooses, at Mortgagor’s expense; provided however, Bank shall have no responsibility to obtain any insurance, but if Bank does obtain insurance, Bank shall have no responsibility to assure that the notice insurance obtained shall be ten (10) days). Tenant shall comply with all rules and directives of adequate or provide any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited protection to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesMortgagor.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents and Security Agreement (Spanish Broadcasting System Inc)
Required Insurance. Tenant shall, (a) Borrower shall maintain at all times during on the Term of this LeaseCollateral, and at its own cost and Borrower’s expense, maintain the following insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably coverages as shall be satisfactory to LandlordLender (together, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including “Required Insurance”): (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance and/or equivalent vehicle physical damage insurance protecting the Collateral for its full replacement value, naming Lender as a loss payee on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief “Lender’s Loss Payable” endorsement, and sprinkler leakage coverage; (ii) business interruption insurancegeneral liability insurance and/ or equivalent vehicle liability insurance in amounts acceptable to Lender, loss of income naming Lender as an additional insured; and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability such other insurance on an occurrence basis with limits of liability coverages as Lender shall require in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate such amounts and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage against such risks as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guidesatisfactory to Lender. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant Borrower further agrees that if Tenant does not take out and maintain such insurance the property insurer must have an A.M. Best’s Key Rating of at least “B+”. Required Insurance may be available through an affiliate or furnish Landlord with renewals or bindersagent of Lender, Landlord may (but Borrower shall not be required toto use an affiliate or agent of Lender.
(b) procure said Required Insurance shall not have a deductible amount in excess of Ten Thousand Dollars ($10,000.00) or other policy limitations unsatisfactory to Lender without the express written consent of Lender. Borrower shall give Lender written notice of any alteration, cancellation, or other modification of the insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon policy for any Required Insurance within thirty (30) days prior after Borrower becomes aware of the same. Within five (5) days after the commencement date of this Agreement or of any subsequent written request from Lender, Borrower shall provide to Lender a certificate or other evidence satisfactory to Lender that Required Insurance coverage is in effect; provided, however that Lender shall be under no duty to ascertain as to the existence or adequacy of such insurance. The Required Insurance maintained by Borrower shall be primary without any right of contribution from insurance which may be maintained by Lender.
(c) Lender shall have the exclusive right, and Borrower hereby appoints Lender as Borrower’s attorney-in-fact (coupled with an interest), to make and settle any claims under, receive any payments on, and execute and endorse any documents, checks or drafts respecting to any Required Insurance (and proceeds therefrom) regarding the Collateral. In the event any proceeds of Required Insurance are paid or payable with respect to any unit of Collateral, such insurance proceeds shall be applied (at Lender’s option) toward: (i) the replacement, restoration or repair of such Collateral; or (ii) satisfaction of Borrower’s obligations hereunder.
(d) Borrower agrees to give written notice to Landlord Lender within five (except in cases 5) days as to any damage to, or loss of, the Collateral or material damage or personal injury caused by the Collateral. Borrower shall, at its own expense and cost, have the duty and responsibility to make all proofs of non-payment loss and take all other steps necessary to effect collections from underwriters for any loss under any of premiumthe Required Insurance policies. If the Collateral is to be subleased or used by others (subject to Lender’s prior written approval), a special insurance endorsement may be required by Lender to permit such use. If Borrower does not maintain Required Insurance, Lender may, in which case its sole discretion, but is not required to, obtain insurance from an insurer of Lender’s choosing in such forms and amounts as Lender deems reasonable to protect Lender’s interests after giving Borrower any notice required by applicable law. Such insurance may cover some or all of the notice risks required to be covered by Required Insurance as Lender shall be ten (10) days). Tenant shall comply determine, and Lender may elect to cover only itself and its insurable interests with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited respect to the installation Collateral and not name Borrower as insured or otherwise cover Borrower’s interests. Such insurance will not give Borrower any liability insurance coverage, will not meet the requirements of a state’s financial responsibility law, and may not separately insure Borrower’s interest in the Collateral. Borrower agrees to pay Lender periodic charges for such insurance (“Insurance Charges”) that include the following: a premium that may be higher than if Borrower maintained Required Insurance; interest up to 1.5% per month on any equipment and/or premium advances made by Lender or Lender’s agents or affiliates; and billing, servicing and processing fees of Lender or Lender’s agents or affiliates. Each of the correction Insurance Charges may generate a profit to Lender and Lender’s agents or affiliates. If Borrower fails to pay billed Insurance Charges within 30 days of their due date, Lender may, in its sole discretion, (i) pay the Insurance Charges by adding them to the balance of the Note, or by applying funds paid under the Note or debiting Borrower’s account under any condition necessary previously authorized automatic payment or other authorization or (ii) cancel such insurance. Lender shall discontinue billing Insurance Charges upon receipt of evidence satisfactory to prevent Lender of Required Insurance. Borrower agrees to arbitrate any increase dispute with Lender or Lender’s agents or affiliates regarding Required Insurance, insurance provided by Lender or Lender’s agents or Insurance Charges under the rules of the American Arbitration Association in Columbus, Ohio; provided however, such ratesagreement does not authorize class arbitration.
Appears in 1 contract
Required Insurance. Tenant shall, at all times during the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, Commonwealth of Massachusetts naming Landlord, Landlord's the Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including including: (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance which shall be primary on Tenant's property’s personal property and the Premises Improvements (as hereinafter defined), including its Tenant’s goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's ’s telecommunications equipment and all other perils, failures or interruptions, ; (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Two Million Dollars ($2,000,000) combined single limit for each occurrence, $2,000,000 and Three Million Dollars general aggregate ($3,000,000) in the annual aggregate; and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's ’s Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering entry into the Premises for any reason following the execution and delivery of this Leaseto commence Tenant’s Work, Tenant shall furnish to Landlord and its the Building Manager, certificates of insurance evidencing the liability insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's the Building Manager as additional insureds. Tenant shall also furnish evidence of the property insurance coverage required to be maintained by Tenant as provided in the preceding paragraph. Renewal certificates must be furnished to Landlord at least thirty (30) days prior to the expiration date of such insurance policies showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's ’s procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's ’s Insurance Guide. All such policies shall be endorsed to agree that Tenant's ’s policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binderscertificates of insurance as required herein, Landlord may (but shall not be required to) procure said insurance on Tenant's ’s behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extendedwithin thirty (30) days of written demand. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days)Landlord. Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment in or exclusively serving the Premises, and/or the correction of any condition for which Tenant would otherwise be responsible pursuant to this Lease necessary to prevent any increase in such rates.
Appears in 1 contract
Samples: Office Lease (Enernoc Inc)
Required Insurance. Tenant shallBorrower shall maintain or cause to be maintained insurance on its Property against fire, flood, casualty, public liability, business interruption and such other hazards, as well as general liability, medical malpractice insurance and other liability insurance related to the business of Borrower reasonably required by Lender, all in such amounts, with such deductibles and with such insurers as are at all times during the Term of this Lease, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant Lender (the “Required Insurance”). All of the policies relating to the Required Insurance shall contain standard “lender loss payable” and any Mortgagee “additional insured” clauses issued in favor of Landlord, Lender (where applicable) pursuant to which all losses thereunder shall be paid to Xxxxxx as their respective Xxxxxx’s interests may appear. Such policies shall expressly provide that the Required Insurance cannot be altered or canceled without thirty (30) days’ prior written notice to Lender and shall insure Lender notwithstanding the act or neglect of the insured. At or prior to Closing, including (i) a policy of standard fire, extended coverage and special extended coverage ("all risk") property insurance on Tenant's property, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit for each occurrence, $2,000,000 Million Dollars general aggregate and umbrella liability insurance with limits of liability in an amount not less than $4,000,000 Million Dollars each occurrence and $4 Million Dollars general aggregate, (iv) Worker's Compensation Coverage as required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant Borrower shall furnish to Landlord Lender with insurance certificates certified as true and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC correct in all material respects and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be being in full force and effecteffect as of the Closing Date or such other evidence of the Required Insurance as Lender may require. The In the event Borrower fails to procure or cause to be procured any of the Required Insurance or to timely pay or cause to be paid the premium(s) on any of the Required Insurance (or to provide evidence of any of the foregoing to Lender promptly upon request therefor), Lender may do so for Borrower, but Borrower shall continue to be liable for the same. Borrower further covenants that all insurance premiums owing under its current casualty policy sets forth minimum limits will be paid when due. Xxxxxxxx also agrees to notify Xxxxxx, promptly, upon Xxxxxxxx’s receipt of liability and Tenant's procurement and maintenance thereof shall in no event limit a notice of termination, cancellation or non-renewal from its insurance company of any of the liability of Tenant under this LeaseRequired Insurance. All such insurance policies carried by Tenant shall be with companies having a rating of not less than ABorrower hereby appoints Xxxxxx as its attorney-VIII in Best's Insurance Guide. All such policies shall be endorsed in-fact, exercisable at Lender’s option, to agree that Tenant's policy is primary and that endorse any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord check which may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from to Borrower in order to collect the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases proceeds of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to the installation of any equipment and/or the correction of any condition necessary to prevent any increase in such ratesRequired Insurance.
Appears in 1 contract
Samples: Credit Agreement (Enzo Biochem Inc)
Required Insurance. Tenant shallEach Credit Party will, and will cause each ------------------ of its Subsidiaries, at no expense to Lenders, to maintain or cause to be maintained in full force and effect at all times during times: (1) mortgagee title insurance issued to Administrative Agent covering the Term of this LeaseCollateral as required by Administrative Agent; (2) all-risk insurance with respect to all insurable Property, and at its own cost and expense, maintain insurance policies, with responsible companies licensed to do business in the state where the Building is located and reasonably satisfactory to Landlord, naming Landlord, Landlord's Building Manager, Cornerstone Real Estate Advisers LLC, Tenant and any Mortgagee of Landlord, as their respective interests may appear, including (i) a policy of standard against loss or damage by fire, extended lightning, windstorm, explosion, hail, tornado and such hazards as are presently included in so-called "all-risk" coverage and special extended coverage ("all risk") property insurance on Tenant's propertyagainst such other insurable hazards as Administrative Agent may require, including its goods, equipment and inventory, in an amount adequate to cover their replacement cost, including a vandalism and malicious mischief endorsement, and sprinkler leakage coverage; (ii) business interruption insurance, loss of income and extra expense insurance covering the failure of Tenant's telecommunications equipment and all other perils, failures or interruptions, (iii) commercial general liability insurance on an occurrence basis with limits of liability in an amount not less than $1,000,000 Million Dollars combined single limit 100% of the full replacement cost, including the cost of debris removal, without deduction for each occurrencedepreciation and sufficient to prevent Borrower and Administrative Agent from becoming a coinsurer, $2,000,000 Million Dollars general aggregate such insurance to be in builder's risk (non-reporting) form during and umbrella liability with respect to any construction on any Property; (3) if and to the extent any portion of the improvements on any Collateral is in a special flood hazard area, a flood insurance with limits of liability policy in an amount not less than $4,000,000 Million Dollars each occurrence equal to the lesser of the Committed Amount or the maximum amount available; (4) comprehensive general public liability insurance, on an "occurrence" basis, for the benefit of Borrower and $4 Million Dollars general aggregate, Administrative Agent as named insureds; (iv5) Worker's Compensation Coverage statutory workers' compensation insurance with respect to any work on or about any Property; and (6) such other insurance on any Collateral as may from time to time be required by law. The commercial general liability policy shall include contractual liability which includes the provisions of Article 9 herein. Prior to Tenant, or any agent, contractor or employee of Tenant, entering the Premises for any reason following the execution and delivery of this Lease, Tenant shall furnish to Landlord and its Building Manager, certificates of insurance evidencing the insurance coverage set forth above, including naming Landlord, Cornerstone Real Estate Advisers LLC and Landlord's Building Manager as additional insureds. Renewal certificates must be furnished to Landlord showing the above coverage to be in full force and effect. The foregoing policy sets forth minimum limits of liability and Tenant's procurement and maintenance thereof shall in no event limit the liability of Tenant under this Lease. All such insurance policies carried by Tenant shall be with companies having a rating of not less than A-VIII in Best's Insurance Guide. All such policies shall be endorsed to agree that Tenant's policy is primary and that any insurance covered by Landlord is excess and not contributing with any Tenant insurance requirement hereunder. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with renewals or binders, Landlord may Lender (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest from the date such sums are extended. All such insurance shall provide that it cannot be canceled except upon thirty (30) days prior written notice to Landlord (except in cases of non-payment of premium, in which case the notice shall be ten (10) days). Tenant shall comply with all rules and directives of any insurance board, company or agency determining rates of hazard coverage for the Premises, including but not limited to rental loss or business interruption insurance, boiler and machinery insurance, earthquake insurance, and war risk insurance) and against other insurable hazards or casualties which at the installation time are commonly insured against in the case of premises similarly situated, due regard being given to the height, type, construction, location, use and occupancy of buildings and improvements. All insurance policies shall be issued and maintained by insurers, in amounts, with deductibles, and in form satisfactory to Administrative Agent, and shall require not less than thirty (30) days' prior written notice to Administrative Agent of any equipment and/or cancellation or change of coverage. All insurance policies maintained, or caused to be maintained, by Borrower with respect to any Collateral, except for public liability insurance, shall provide that each such policy shall be primary without right of contribution from any other insurance that may be carried by Borrower or Administrative Agent and that all of the correction provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. If any insurer which has issued a policy of title, hazard, liability or other insurance required pursuant to this Agreement or any other Credit Document becomes insolvent or the subject of any bankruptcy, receivership or similar proceeding or if in Administrative Agent's reasonable opinion the financial responsibility of such insurer is or becomes inadequate, Borrower shall, in each instance promptly upon the request of Administrative Agent and at no expense to Lenders, obtain and deliver to Administrative Agent a like policy (or, if and to the extent permitted by Administrative Agent, a certificate of insurance) issued by another insurer, which insurer and policy meet the requirements of this Agreement or such other Credit Document, as the case may be. Without limiting the discretion of Administrative Agent with respect to required endorsements to insurance policies, all such policies for loss of or damage to any Property shall contain a standard mortgagee clause (without contribution) naming Administrative Agent as mortgagee with loss proceeds payable to Administrative Agent notwithstanding (i) any act, failure to act or negligence of or violation of any warranty, declaration or condition necessary contained in any such policy by any named insured; (ii) the occupation or use of any Property for purposes more hazardous than permitted by the terms of any such policy; (iii) any foreclosure or other action by Administrative Agent under the Credit Documents; or (iv) any change in title to prevent or ownership of any increase Property or any portion thereof, such proceeds to be held for application as provided in the Credit Documents. The originals of each initial insurance policy (or to the extent permitted by Administrative Agent, a copy of the original policy and a satisfactory certificate of insurance) shall be delivered to Administrative Agent at the time of execution of this Agreement, with premiums fully paid, and each renewal or substitute policy (or certificate) shall be delivered to Administrative Agent, with premiums fully paid, at least ten (10) days before the termination of the policy it renews or replaces. Borrower shall pay all premiums on policies required hereunder as they become due and payable and promptly deliver to Administrative Agent evidence satisfactory to Administrative Agent of the timely payment thereof. If any loss occurs at any time when Borrower has failed to perform Borrower's covenants and agreements in this paragraph, Administrative Agent shall nevertheless be entitled to the benefit of all insurance covering the loss and held by or for Borrower, to the same extent as if it had been made payable to Administrative Agent. Upon any foreclosure hereof or transfer of title to any Collateral in extinguishment of the whole or any part of the Obligations, all of Borrower's right, title and interest in and to the insurance policies referred to in this Section (including unearned premiums) and all proceeds payable thereunder as they relate to such ratesCollateral shall thereupon vest in the purchaser at foreclosure or other such transferee, to the extent permissible under such policies. Administrative Agent shall have the right (but not the obligation) to make proof of loss for, settle and adjust any claim under, and receive the proceeds of, all insurance for loss of or damage to any Collateral, and the expenses incurred by Administrative Agent in the adjustment and collection of insurance proceeds shall be a part of the Obligations and shall be due and payable to Administrative Agent on demand. Administrative Agent shall not be, under any circumstances, liable or responsible for failure to collect or exercise diligence in the collection of any of such proceeds or for the obtaining, maintaining or adequacy of any insurance or for failure to see to the proper application of any amount paid over to Borrower. Subject to the terms of Subsection (b), below, any proceeds received by Administrative Agent shall, after deduction therefrom of all reasonable expenses actually incurred by Administrative Agent, including attorneys' fees, at Administrative Agent's option be (1) released to Borrower, or (2) applied (upon compliance with such terms and conditions as may be required by Administrative Agent) to repair or restoration, either partly or entirely, of the Collateral so damaged, or (3) applied to the payment of the Obligations in accordance with Section 2.12 of this Agreement. In any event, the unpaid portion of the Obligations shall remain in full force and effect and the payment thereof shall not be excused. Borrower shall at all times comply with the requirements of the insurance policies required hereunder and of the issuers of such policies and of any board of fire underwriters or similar body as applicable to or affecting the Property.
Appears in 1 contract
Samples: Revolving Credit Agreement (Wells Real Estate Investment Trust Inc)