Common use of Risk of Loss; Insurance Clause in Contracts

Risk of Loss; Insurance. The Grantor shall bear the full risk of loss from any loss of any nature whatsoever with respect to the Collateral. At it's own cost and expense in amounts and with carriers acceptable to the Secured Parties, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's including, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish the Secured Parties with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Secured Parties, naming the Secured Parties as loss payees and providing that as to the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor and the insurer will provide the Secured Parties with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to the Secured Parties and not to the Grantor and the Secured Parties jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Secured Parties jointly, the Secured Parties may endorse the Grantor's name thereon and do such other things as the Secured Parties may deem advisable to reduce the same to cash. The Secured Parties is hereby authorized to adjust and compromise claims. All loss recoveries received by the Secured Parties upon any such insurance may be applied to the Obligations, in such order as the Secured Parties in its sole discretion shall determine. Any surplus shall be paid by the Secured Parties to the Grantor or applied as may be otherwise required by law. Any deficiency thereon shall be paid by the Grantor to the Secured Parties, on demand.

Risk of Loss; Insurance. The Grantor shall bear the full risk of loss from any loss of any nature whatsoever with respect to the Collateral. At it's own cost and expense in amounts and with carriers acceptable to the Secured PartiesCollateral Agent, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's including, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish the Secured Parties Collateral Agent with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Secured PartiesCollateral Agent, naming the Collateral Agent for the benefit of the Secured Parties as loss payees and providing that as to the Collateral Agent for the benefit of the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor and the insurer will provide the Secured Parties Collateral Agent with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to the Secured Parties Collateral Agent and not to the Grantor and the Secured Parties Collateral Agent jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Secured Parties Collateral Agent jointly, the Secured Parties Collateral Agent may endorse the Grantor's name thereon and do such other things as the Secured Parties Collateral Agent may deem advisable to reduce the same to cash. The Secured Parties Collateral Agent is hereby authorized to adjust and compromise claims. All loss recoveries received by the Secured Parties Collateral Agent upon any such insurance may be applied to the Obligations, in such order as the Secured Parties Collateral Agent in its sole discretion shall determine. Any surplus shall be paid by the Secured Parties Collateral Agent to the Grantor or applied as may be otherwise required by law. Any deficiency thereon shall be paid by the Grantor to the Secured PartiesCollateral Agent, on demand.

Risk of Loss; Insurance. The Grantor shall bear the full risk of loss from any loss of any nature whatsoever with respect to the Collateral. At it's ’s own cost and expense in amounts and with carriers acceptable to the Secured Parties, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's ’s including, without limitation, public and product liability insurance, worker's ’s compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's ’s officers and employees and business interruption insurance; (b) furnish the Secured Parties with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Secured Parties, naming the Secured Parties as loss payees and providing that as to the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor and the insurer will provide the Secured Parties with at least 30 days notice prior to cancellation. The Upon the occurrence and continuation of any Event of Default: the Grantor shall instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to the Secured Parties and not to the Grantor and the Secured Parties jointly. If ; if any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Secured Parties jointly, the Secured Parties may endorse the Grantor's ’s name thereon and do such other things as the Secured Parties may deem advisable to reduce the same to cash. The ; the Secured Parties is are hereby authorized to adjust and compromise claims. All ; all loss recoveries received by the Secured Parties upon any such insurance may shall be applied to the Obligations, in such order as the Secured Parties in its their sole discretion shall determine. Any In that event, any surplus shall be paid by the Secured Parties to the Grantor or applied as may be otherwise required by law. Any , and any deficiency thereon shall be paid by the Grantor to the Secured Parties, on demand.

Risk of Loss; Insurance. The Grantor Tenant shall bear the full risk of loss be responsible for loss, damage or injury caused by its own negligence or willful conduct. Resident will indemnify Landlord and its agents and employees and hold it harmless from and against any and all claims, actions, damages, liability and expense (including attorney’s fees through all appeals) in connection with loss of life, personal injury and/or damage to persons or property, arising from or out of the use by Resident of the premises or any nature whatsoever with respect part thereof or any other part of Landlord’s property, or occasioned wholly or in part by an act of omission of Resident, it’s agent(s), family, employee(s), occupant(s), servant(s) or guest(s) affecting any of such person(s). Tenant should carry insurance covering Tenant’s personal property and Xxxxxx’s liability insurance. Tenant acknowledges that Xxxxxxxx does not maintain insurance to the Collateralprotect Tenant against personal injury, loss or damage to Xxxxxx’s personal property or belongings, or to cover Xxxxxx’s own personal liability for injury, loss or damage Xxxxxx (or Xxxxxx’s occupants or guests) may cause others. At it's Xxxxxx also acknowledges that by not maintaining Tenant’s own cost and expense in amounts and with carriers acceptable to the Secured Parties, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards policy of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's including, without limitation, public and product personal liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; Tenant may be responsible to others (bincluding Landlord) furnish for the Secured Parties with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Secured Parties, naming the Secured Parties as loss payees and providing that as to the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor and the insurer will provide the Secured Parties with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event full cost of any injury, loss thereunderor damage caused by Xxxxxx’s actions or the actions of Xxxxxx’s occupants or guests, including but not limited to fire damage. For the carriers shall make payment for such loss duration of Xxxxxx’s lease, Tenant must maintain a personal liability insurance policy, which provides limits of liability to third parties in an amount not less than $100,000 per occurrence. Tenant will ensure that the Secured Parties and not to liability insurance policy indentifies the Grantor and the Secured Parties jointly. If any insurance losses are paid by check, draft Landlord or other instrument payable to the Grantor and the Secured Parties jointly, the Secured Parties may endorse the Grantor's name thereon and do such other things property management company as the Secured Parties may deem advisable to reduce the same to cash. The Secured Parties is hereby authorized to adjust and compromise claims. All loss recoveries received by the Secured Parties upon any such insurance may be applied to the Obligations, in such order as the Secured Parties in its sole discretion shall determine. Any surplus shall be paid by the Secured Parties to the Grantor an “Additional Insured,” “Party of Interest” or applied “Interested Party” (or similar language as may be otherwise available). Tenant understands and agrees to maintain at all times during the term of the lease and any renewal periods, a policy of personal liability insurance with this limit and other satisfying the requirements listed below, at your sole expense. Tenant is required by to purchase and maintain personal liability insurance covering Tenant, Xxxxxx’s occupants and guests, for personal injury and property damage caused to third-parties (including damages to Landlord’s property), with the minimum policy coverage amount set forth above, from a licensed insurance carrier authorized to issue such insurance. The carrier is required to provide notice to Landlord within 10 days of any cancellation, nonrenewal, or material change in Tenant’s coverage. Landlord retains the right to hold Tenant responsible for any loss in excess of your insurance coverage. Any default under the terms of this paragraph shall be deemed an immediate, material and incurable default under the terms of the lease, and Landlord shall be entitled to exercise all right and remedies under the law. Any deficiency thereon shall If Tenant fails to pay the insurance charge or if Tenant allows policy to expire or cancel, Tenant will be paid in default under the terms of lease. Tenant must provide Landlord proof of insurance by the Grantor uploading insurance documentation via tenant’s online portal; refusal to the Secured Partiesprovide insurance documentation is a breach of this Lease. If Tenant fails to provide proof of insurance within 14 days after lease start date, on demandLandlord will charge a monthly fee of $100, which is considered additional rent.

Risk of Loss; Insurance. The Grantor (a) Prior to the completion of the Work, all Work at the Job Site or otherwise in Contractor's custody or possession shall bear remain at the full risk of Contractor, and Contractor shall be responsible for all loss and damage to the Work and shall repair, correct or otherwise cure, at its own option and expense, all such loss and damage whether or not due to the fault of Contractor. On completion of the Work, including the delivery of all goods, risk of loss from any loss or damage shall pass to Owner. (b) Contractor shall maintain and shall require each of any nature whatsoever its Subcontractors, if any, to maintain the following types of insurance coverages with respect to not less than the Collateral. At it's own cost and expense limits of coverage specified in amounts and with carriers acceptable to the Secured Parties, it shall Subsection (avi) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazardsbelow, and for such amounts, the coverage periods as long as the Contractor Work Master Agreement is customary in the case of companies engaged in businesses similar to the Grantor's including, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish the Secured Parties with effect: (i) copies of all policies and evidence of the maintenance of such policies Commercial general liability insurance (including umbrella coverage), on a form at least 30 days before as broad as Insurance Services Office ("ISO") commercial general liability "occurrence" form CG 00 01 0196 (and any expiration dateupdated versions available through a commercial insurance broker) or another "occurrence" form providing equivalent coverage and approved in writing by Owner; and such commercial general liability insurance and any necessary riders thereto shall include but not be limited to contractual liability coverage as applicable to any indemnity, and defense or hold harmless agreements in this Contractor Work Contract. (ii) appropriate loss payable endorsements in form Workers Compensation and substance satisfactory to occupational disease insurance securing compensation for the Secured Partiesbenefit of Contractor employees and the employees of each Subcontractor, naming if any, as required by Applicable Laws, including the Secured Parties as loss payees and providing that as to laws of each State where the Secured Parties the insurance employment contracts of such employees were made. Such coverage shall need not be impaired obtained if Contractor has an accepted program of self-insurance under Applicable Laws or invalidated by any act or neglect of the Grantor and the insurer will provide the Secured Parties with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that participates in the event of any loss thereunder, the carriers shall make payment for such loss to the Secured Parties and not to the Grantor and the Secured Parties jointlyan applicable monopolistic state Workers Compensation fund. If any insurance losses are paid by checkapplicable, draft Contractor shall also carry Xxxxxxxxx & Harbor Workers Compensation Act and/or Xxxxx Act coverages or other instrument payable to the Grantor and the Secured Parties jointly, the Secured Parties may endorse the Grantor's name thereon and do such other things as the Secured Parties may deem advisable to reduce the same to cash. The Secured Parties is hereby authorized to adjust and compromise claims. All loss recoveries received by the Secured Parties upon any such insurance may be applied to the Obligations, in such order as the Secured Parties in its sole discretion shall determine. Any surplus shall be paid by the Secured Parties to the Grantor or applied similar coverage as may be otherwise required by law. Any deficiency thereon shall be paid by the Grantor to the Secured Partiesfor any personnel working on, over, or around water; (iii) Employers liability insurance; (iv) Motor vehicle liability insurance issued on demanda form at least as broad as ISO Business Auto Coverage Form CA 00 01 07 97 or other form providing equivalent coverage, covering all owned, hired, borrowed and non- owned vehicles (Symbol 1) brought onto Owner’s Site; and (v) Professional liability coverage.

Risk of Loss; Insurance. The Grantor shall bear the full risk of loss from any loss of any nature whatsoever with respect to the Collateral. At it's own cost and expense in amounts and with carriers acceptable to the Secured Parties, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's including, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish the Secured Parties with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Secured Parties, naming the Secured Parties as loss payees and providing that as to the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor and the insurer will provide the Secured Parties with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to the Secured Parties and not to the Grantor and the Secured Parties jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Secured Parties jointly, the Secured Parties may endorse the Grantor's name thereon and do such other things as the Secured Parties may deem advisable to reduce the same to cash. The Secured Parties is are hereby authorized to adjust and compromise claims. All loss recoveries received by the Secured Parties upon any such insurance may be applied to the Obligations, in such order as the Secured Parties in its their sole discretion shall determine. Any surplus shall be paid by the Secured Parties to the Grantor or applied as may be otherwise required by law. Any deficiency thereon shall be paid by the Grantor to the Secured Parties, on demand.

Risk of Loss; Insurance. The Grantor Tenant agrees that all personal property in said premises shall bear be and remain at the full sole risk of loss from any loss of any nature whatsoever with respect to the Collateral. At it's own cost and expense in amounts and with carriers acceptable to the Secured Parties, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazardsTenant, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's including, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish the Secured Parties with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Secured Parties, naming the Secured Parties as loss payees and providing that as to the Secured Parties the insurance coverage Landlord shall not be impaired liable to Tenant, its employees, agents, contractors, business invitees, licensees, customers, clients, family members, guests or invalidated by other persons, for any damage to or loss of such personal property or bodily injury arising from any act or neglect acts of negligence of any person or persons, or from the leaking roof, or from the bursting, leaking or overflowing of water, sewer or steam pipes, or from heating or plumbing fixtures, or from any other cause whatsoever, and Tenant agrees not to do anything or permit anything to be done or brought on to the premises which shall increase the rate of fire or similar insurance on the building. If the rate of fire or similar insurance on the building increases because of Tenant's possession of the Grantor and the insurer will provide the Secured Parties with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event of property for any loss thereunderreason, the carriers shall make payment for such loss to the Secured Parties and not to the Grantor and the Secured Parties jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Secured Parties jointly, the Secured Parties may endorse the Grantor's name thereon and do such other things as the Secured Parties may deem advisable to reduce the same to cash. The Secured Parties is hereby authorized to adjust and compromise claims. All loss recoveries received by the Secured Parties upon any such insurance may be applied to the Obligations, in such order as the Secured Parties in its sole discretion shall determine. Any surplus increase shall be paid by Tenant no later than five (5) days of receipt of such notification by Landlord. Tenant agrees to indemnify and hold Landlord, its offices and agents, harmless from and against any and all liability and expense of any nature, including court costs and attorney's fees, arising out of or connected with Tenant's use and occupancy of the Secured Parties premises. In addition, Tenant agrees to maintain liability insurance for bodily injury and property damage of at least $1,000,000/$1,000,000. In addition, Tenant shall pay its proportionate share of insurance maintained by the Landlord on the Building within five (5) days of receipt of request for payment. Notwithstanding anything to the Grantor contrary contained in this Lease, beginning on the date of this Lease and at all times thereafter during the term of this Lease, the Landlord shall maintain: 1. standard "all-risk" casualty insurance, covering the demised premises and the building containing the demised premises and all leasehold improvements therein and all personal property of Landlord located therein in amounts at least equal to full replacement cost at the time in question, but in no event less than such coverage as is required to avoid coinsurance provisions; 2. commercial general liability insurance against claims for property damage or applied loss, bodily injury or death, personal injury, products liability, and contractual liability, naming Tenant as an additional insured and having a cross-liability endorsement, providing combined single limit coverage on an occurrence basis in the amount - 13 - 14 of $1,000,000; such policy (or policies) shall be primary coverage which do not contribute to and are not in excess of coverage which Tenant may carry. 3. employer's liability insurance with a minimum limit of $1,000,000 for bodily injury; 4. workmen's compensation insurance in statutory limits; 5. rental income insurance in an amount equal to twelve (12) months of rent (including CAM costs payable by Tenant) under this Lease; and 6. such other insurance coverages as are customarily carried by similar landlords of comparable first class office buildings located in the Northern Virginia area. In no event shall the limits of such policy be considered as limiting the liability of Landlord under this Lease. At the Tenant's request the Landlord shall furnish the Tenant a certificate or certificate of insurance certifying that the insurance coverage required hereby is in force. Any insurance required by the terms of this Lease to be carried by the Landlord may be otherwise under a blanket policy (or policies) covering other properties of the Landlord and/or its related or affiliated corporations. If such insurance is maintained under a blanket policy, the Landlord shall procure and deliver to the Tenant a statement from the insurer or general agent of the insurer setting forth the coverage maintained and the amounts thereof allocated to the risks intended to be insured hereunder. Notwithstanding any other provision of this Lease, Landlord hereby waives any claims it may hereafter have against Tenant on account of any damage for which Landlord is covered by insurance required by law. Any deficiency thereon shall to be paid carried by the Grantor Landlord hereunder or under any other insurance actually carried by Landlord. Notwithstanding anything to the Secured Partiescontrary contained in this Lease, on demand.Landlord and Tenant each waive any and all rights to recover against the other or against any other tenant or occupant of the building containing the demised premises, or against the officers, directors, shareholders, partners, joint venturers, employees, agents, customers, invitees or business visitors of such other party or of such other tenant or occupant, for any loss or damage to such waiving party arising from any cause (whether or not such loss or damage is caused by the fault or negligence of the other party or anyone for whom said other party may be responsible) covered by any insurance required to be carried by such party pursuant to this Lease (or which would have been covered by had the insurance been carried as required hereby) or