Common use of Requirements of Policies Clause in Contracts

Requirements of Policies. (a) All policies required to be carried pursuant to this Article XV: (i) shall be written and signed by solvent and responsible insurance companies authorized to do business in the jurisdiction wherein the Premises are located having a rating of not less than Best A-, Class XIII and having a claims paying ability rating of not less than Standard & Poor’s A; (ii) shall contain an agreement by the insurer that such policy or policies shall not be canceled or non-renewed without at least thirty (30) days’ prior written notice to Landlord, Landlord’s mortgagee and Tenant; (iii) may be carried under so-called blanket policies, provided that the protection afforded thereunder as to the Premises shall be not less than that which would have been afforded under separate policy or policies relating only to the Premises and provided, however, any such policy of blanket insurance shall specify therein, or Tenant shall furnish Landlord a written statement from the insurer under such policy so specifying, the amount of the total insurance allocated to the Premises, which amount shall be not less than the amount required herein and any such policy shall comply in all respects with the requirements set out in this Article; (iv) may be carried under a combination of primary insurance and umbrella coverage; and (v) shall be primary insurance, which will not call upon any other insurance effected or procured by Landlord for defense, contribution or payment. (b) Tenant retains full responsibility for payment of all deductibles under each policy provided for hereunder. (c) Annually, Tenant will promptly furnish to Landlord and Landlord’s Fee Mortgagee (if Tenant has been provided the name and address of such mortgagee) certificates evidencing that the insurance required pursuant to this Article XV is in full force and effect. (d) If Tenant shall fail or refuse to effect or maintain any of said insurance, which failure is not cured by Tenant within one (1) Business Day after written notice from Landlord, Landlord may, but shall have no obligation to do so, effect or maintain said insurance and the amount of money so paid, with interest at the Past Due Rate, shall be payable by Tenant to Landlord as Additional Rent, upon demand.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Asbury Automotive Group Inc), Asset Purchase Agreement (Asbury Automotive Group Inc)

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Requirements of Policies. (a) a. All policies required to be carried pursuant to this Article XV: (i) shall be written and signed by solvent and responsible insurance companies authorized to do business in the jurisdiction wherein the Premises are located having a rating of not less than Best A-, Class XIII and having a claims paying ability rating of not less than Standard & Poor’s A; (ii) shall contain an agreement by the insurer that such policy or policies shall not be canceled or non-renewed without at least thirty (30) days’ prior written notice to Landlord, Landlord’s mortgagee and Tenant; (iii) may be carried under so-called blanket policies, provided that the protection afforded thereunder as to the Premises shall be not less than that which would have been afforded under separate policy or policies relating only to the Premises and provided, however, any such policy of blanket insurance shall specify therein, or Tenant shall furnish Landlord a written statement from the insurer under such policy so specifying, the amount of the total insurance allocated to the Premises, which amount shall be not less than the amount required herein and any such policy shall comply in all respects with the requirements set out in this Article; (iv) may be carried under a combination of primary insurance and umbrella coverage; and (v) shall be primary insurance, which will not call upon any other insurance effected or procured by Landlord for defense, contribution or payment. (ba) Tenant retains full responsibility for payment of all deductibles under each policy provided for hereunder. (cb) Annually, Tenant will promptly furnish to Landlord and Landlord’s Fee Mortgagee (if Tenant has been provided the name and address of such mortgagee) certificates evidencing that the insurance required pursuant to this Article XV is in full force and effect. (dc) If Tenant shall fail or refuse to effect or maintain any of said insurance, which failure is not cured by Tenant within one (1) Business Day after written notice from Landlord, Landlord may, but shall have no obligation to do so, effect or maintain said insurance and the amount of money so paid, with interest at the Past Due Rate, shall be payable by Tenant to Landlord as Additional Rent, upon demand.

Appears in 1 contract

Samples: Asset Purchase Agreement (Asbury Automotive Group Inc)

Requirements of Policies. (a) All policies required to be carried pursuant to this Article XV: (i) shall be written and signed by solvent and responsible insurance companies authorized to do business in the jurisdiction wherein the Premises are located having a rating of not less than Best A-A+, Class XIII and having a claims paying ability rating of not less than Standard & Poor’s AXV; (ii) shall contain an agreement by the insurer that such policy or policies shall not be canceled or non-renewed without at least thirty (30) days’ days prior written notice to Landlord, Landlord’s mortgagee 's Mortgage, and Tenant; (iii) may be carried under so-called blanket policies, provided that the protection afforded thereunder as to the Premises shall be not less than that which would have been afforded under separate policy or policies relating only to the Premises and provided, however, any such policy of blanket insurance shall specify therein, or Tenant shall furnish Landlord a written statement from the insurer under such policy so specifying, the amount of the total insurance allocated to the Premises, which amount shall be not less than the amount required herein and any such policy shall comply in all respects with the requirements set out in this Article; (iv) may be carried under a combination of primary insurance and umbrella coverage; and (v) shall be primary insuranceinsurance by the party obligated under Article XV, which will not call upon any other insurance effected or procured by Landlord the other party for defense, contribution or payment. (b) Tenant retains full responsibility for payment of all deductibles under each policy provided for hereunder. (c) Annually, Tenant will promptly furnish to Landlord and Landlord’s Fee Mortgagee (if Tenant has been provided the name and address of such mortgagee) certificates evidencing that the insurance required pursuant to this Article XV is in full force and effect. If the certificates of insurance do not provide for thirty (30) days prior written notice of cancellation or non-renewal to Landlord and Landlord's mortgagee, Tenant shall no later than twenty (20) days prior to termination by cancellation or non-renewal provide to Landlord and its mortgagee paid receipts evidencing continuation or renewal of insurance. (d) If Tenant shall fail or refuse to effect or maintain any of said insurance, which failure is not cured by Tenant within one (1) Business Day after written notice from Landlord, Landlord may, but shall have no obligation to do so, effect or maintain said insurance and the amount of money so paid, with interest at the Past Due Prime Rate, shall be payable by Tenant to Landlord as Additional Rent, Rent immediately due and payable hereunder upon demandnotice from Landlord.

Appears in 1 contract

Samples: Lease (Stanford Telecommunications Inc)

Requirements of Policies. All policies of insurance required in this lease: (a) All Shall be effected by valid and enforceable policies required to be carried pursuant to this Article XV: (i) shall be written and signed issued by solvent and responsible insurance companies authorized to do business in the jurisdiction wherein the Premises are located having State of Hawaii with a financial rating of not less than Best A-"A" (Excellent) or better, Class XIII and having with a claims paying ability policyholder's rating of not less than Standard & Poor’s A;Class VI or better as rated in the most recent edition of Best's Insurance Reports. (iib) shall Shall contain an agreement by the insurer that such the policy or constitutes primary insurance, without contribution. (c) Shall provide that the policies shall not be canceled or non-renewed materially altered without at least thirty (30) days' prior written notice to Landlord, Landlord’s mortgagee and Tenant; (iii) may be carried under so-called blanket policies, provided that the protection afforded thereunder as to the Premises shall be not less than that which would have been afforded under separate policy or policies relating only to the Premises and provided, however, any such policy of blanket insurance shall specify therein, or Tenant shall furnish Landlord a written statement from the insurer under such policy so specifying, the amount of the total insurance allocated to the Premises, which amount shall be not less than the amount required herein and any such policy shall comply in all respects with the requirements set out in this Article; (iv) may be carried under a combination of primary insurance and umbrella coverage; and (v) shall be primary insurance, which will not call upon any other insurance effected or procured by Landlord for defense, contribution or payment. (b) Tenant retains full responsibility for payment of all deductibles under each policy provided for hereunder. (c) Annually, Tenant will promptly furnish to Landlord and Landlord’s Fee Mortgagee (if Tenant has been provided the name and address of such mortgagee) certificates evidencing that the insurance required pursuant to this Article XV is in full force and effectLessor. (d) If Tenant Shall, unless impracticable to obtain and waived in writing by the Lessor: (i) Provide that the liability of the insurer shall fail not be affected by, and that the insurer shall not claim any right of setoff, counterclaim, apportionment, proration or refuse contribution by reason of, any other insurance obtained by the Lessor; (ii) Contain no provision relieving the insurer from liability for loss occurring while the hazard to effect any buildings is increased, whether or maintain not within the knowledge or control of the Lessor or the Lessee or because of any breach of said insurancewarranty or condition or any other act or neglect by the Lessor or the Lessee or any tenant or any other persons under either of them; (e) Contain a standard mortgagee clause. The insurance required by this lease may be effected by a policy or policies of blanket insurance which may cover other properties or locations not constituting a part of the premises or located thereon, which failure is not cured by Tenant within one provided that (1i) Business Day after evidence of the underlying policy satisfactory to the Lessor shall be deposited with the Lessor and (ii) upon written notice from Landlordrequest of the Lessor, Landlord may, but such blanket policy shall have no obligation irrevocably allocate to do so, effect or maintain said insurance the premises (both realty and personalty severally) as the first payable loss under such policy the specific amount of money so paid, with interest at coverage required to be carried by the Past Due Rate, shall be payable by Tenant to Landlord as Additional Rent, upon demandLessee under this lease.

Appears in 1 contract

Samples: Sublease (Craft Brewers Alliance, Inc.)

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Requirements of Policies. (a) All policies required to be carried pursuant to this Article XV: (i) shall be written and signed by solvent and responsible insurance companies authorized to do business in the jurisdiction wherein the Premises are located having located, with a rating of not less than Best A-rating, Class XIII reasonably acceptable to and having a claims paying ability rating of not less than Standard & Poor’s A;approved by Landlord and its Mortgagee. (ii) shall contain an agreement by the insurer that such policy or policies shall not be canceled or non-renewed without at least thirty fifteen (3015) days’ days prior written notice to Landlord, Landlord’s mortgagee Landlord and Tenant; (iii) may be carried under so-called blanket policies, provided that the protection afforded thereunder as to the Premises shall be not less than that which would have been afforded under separate policy or policies relating only to the Premises and provided, however, any such policy of blanket insurance shall specify therein, or Tenant shall furnish Landlord a written statement from the insurer under such policy so specifying, the amount of the total insurance allocated to the Premises, which amount account shall be not less than the amount required herein and any such policy shall comply in all respects with the requirements set out in this Article;. (iv) may be carried under a combination of primary insurance and umbrella coverage; and; (v) shall be primary insuranceinsurance by the party obligated under Article XV, which will not call upon any other insurance effected or procured by Landlord the other party for defense, contribution or payment. (b) Tenant retains full responsibility for payment of all deductibles under each policy provided for hereunder. (c) Annually, Tenant will promptly furnish to Landlord and Landlord’s Fee Mortgagee (if Tenant has been provided the name and address of such mortgagee) certificates evidencing that the insurance required pursuant to this Article XV is in full force and effect. If the certificates of insurance do not provide for fifteen (15) days prior written notice of cancellation or non-renewal to Landlord and Landlord’s mortgagee, Tenant shall no later than five (5) days prior to termination by cancellation or non-renewal provide to Landlord and its mortgagee paid receipts evidencing continuation or renewal of insurance. (d) If Tenant shall fail or refuse to effect or maintain any of said insurance, which failure is not cured by Tenant within one (1) Business Day after written notice from Landlord, Landlord may, but shall have no obligation to do so, effect or maintain said insurance and the amount of money so paid, with interest at the Past Due Prime Rate, shall be payable by Tenant to Landlord as Additional Rent, upon demandRent immediately due and payable hereunder.

Appears in 1 contract

Samples: Lease Agreement (Rue21, Inc.)

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