Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor.
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Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Sterling Chemical Inc), Second Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Sterling Chemical Inc)
Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by policies covering the Mortgagee (a) insurance with respect to Leased Properties and Xxxxxx's Personal Property shall insure against the Improvements against loss following risks:
13.2.1 Loss or damage by fire, lightning vandalism and such other risks malicious mischief, earthquake, extended coverage perils commonly known as are "Special Risk," and all physical loss perils normally included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liabilitysuch Special Risk insurance, including bodily injury and product liability and property damagebut not limited to sprinkler leakage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars one hundred percent (100%) of Replacement Cost (provided that earthquake coverage may have a sublimit coverage of $20,000,0005,000,000.00);
13.2.2 Loss or damage by explosion of steam boilers, (d) business pressure vessels or similar apparatus in such amounts as may be required by Lessor from time to time;
13.2.3 Business interruption insurance or a blanket earnings and expense coverage endorsement covering risk of loss during reconstruction necessitated by the occurrence of any of the hazards described in Sections 13.2.1 or 13.2.2 (including added expense coverage) against all insurable perils but in no event for a period of not fewer less than twelve (12) months months) in an amount sufficient to prevent Lessor and Lessee from becoming a co-insurer;
13.2.4 Claims for personal injury or property damage under a policy of commercial general public liability insurance with a combined single limit per occurrence in respect of bodily injury and death and property damage of One Million Dollars (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence$1,000,000.00), and an aggregate limitation of Three Million Dollars (e$3,000,000.00), with a minimum One Million Dollar ($1,000,000.00) excess policy, which insurance shall insure Lessee's contractual liability to Lessor under the indemnity provisions of Article XXI of this Lease, and if written on a "claims-made" basis, Lessee shall also provide continuous liability coverage for claims arising during the Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Lessor in the event such policy is canceled or not renewed for any reason whatsoever, or by obtaining "tail" insurance coverage providing coverage for a period of at least three (3) years beyond the expiration of the Term;
13.2.5 Claims arising out of malpractice in an amount not less than Two Million Dollars ($2,000,000.00) for each person and for each occurrence and, if written on a "claims-made" basis, Lessee shall also provide continuous liability coverage for claims arising during the Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Lessor in the event such policy is canceled or not renewed for any reason whatsoever, or by obtaining "tail" insurance coverage providing coverage for a period of at least three (3) years beyond the expiration of the Term;
13.2.6 Flood (with respect to any portions of the Leased Properties located in whole or in part within a designated flood plain area) and such other hazards and in such amounts as may be customary for comparable properties in the area up to the maximum limit that can be obtained under the Federal Flood Insurance Program;
13.2.7 During such time as Lessee is constructing any improvements, (i) worker's compensation insurance and employers' liability insurance covering all persons employed in connection with the improvements in statutory limits, (ii) builder's risk insurance, completed value form, covering all physical loss, in an amount satisfactory to Lessor, and (iii) such other insurance, in such amounts, as Lessor deems necessary to protect Xxxxxx's interest in the Leased Properties from any act or omission of Xxxxxx's contractors or subcontractors, and certificates of insurance evidencing such coverage, in form satisfactory to Lessor, shall be presented to Lessor prior to the full extent required by applicable law for all employees commencement of the Mortgagor engaged in any work on or about the Property and employer's construction of such improvements;
13.2.8 Primary automobile liability insurance with a limit limits of not less than Ten One Million Dollars ($10,000,0001,000,000.00) per occurrence each for each occurrence, (f) allowned and non-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief owned and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagorhired vehicles.
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Samples: Master Lease (Omega Healthcare Investors Inc), Master Lease (Omega Healthcare Investors Inc)
Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with by insurance carriers approved by that meet the Mortgagee standards set forth below: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and reasonably approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert reasonably approved by the Mortgagee, (b) comprehensive public liability, including bodily injury and product liability and property damage, damage insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily usually carried by Persons operating of comparable size engaged in the same or a similar properties business and similarly situated in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating Persons of comparable size engaged in the same or a similar properties business and similarly situated in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten five (105) days per any occurrenceannum), and (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence. All such insurance shall be provided (i) by insurers authorized by Lloyds of London to underwrite such risks, (fii) all-risk, builders' risk insurance by insurers having an A.M. Best policyholders rating of not less than A-(except with respect to the Property during any period during insurers providing workers compensation insurance, in which there is any construction work being performed, against loss case such insurers shall have an A.M. Best policyholders rating of not less than B+) or damage (iii) by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards insurers as the Mortgagee from time may approve in writing; PROVIDED, that if the rating of any of the insurers providing insurance hereunder is downgraded, the Mortgagor shall only be required to time may reasonably require by written notice to obtain replacement insurance with an insurer satisfying the Mortgagorrequirements hereof at the stated expiration of the insurance policy maintained with the insurer whose rating was so downgraded.
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Risks to be Insured. The Mortgagor willGrantor (or its designee), at its the Grantor's expense, will obtain and maintain in full force and effect at all times until all Obligations have been fully paid and performed, with Qualified Insurance Companies (as that term is defined in Section 1.7.2), insurance against the following risks:
(i) Loss and damage by fire and all other casualties on or cause to be maintained with insurance carriers approved by the Mortgagee (a) insurance with respect to the Improvements against loss or damage by fireProperty as are included in the form of casualty insurance commonly referred to as "extended coverage" (including, lightning without limitation, windstorm, explosion and such other risks as are included typically insured against by owners of like properties in standard "all-risk" policiesthe area in which the Buildings are located) in such amounts as are reasonably satisfactory to Beneficiary, but in amounts sufficient no event less than one hundred percent (100%) of the full replacement cost of the Property (exclusive of excavation and foundations and without deduction for physical depreciation) and in no event less than the amount required to prevent the Mortgagor and the Mortgagee Grantor from becoming a co-insurer within the terms of any partial loss under the applicable policies, but policies and in any no event in amounts not less than the then full insurable value (actual replacement value) outstanding amount of the Improvements, as determined by the Mortgagor in accordance with generally accepted Obligations; such insurance practice and approved by the Mortgagee or, at the request shall contain an "Ordinance or Law Coverage" or "Enforcement" endorsement if any of the MortgageeImprovements or the use of the Property constitute legal, as determined at the Mortgagor's expense by the insurer non-conforming structures or insurers or by uses;
(ii) Comprehensive public liability insurance on an expert approved by the Mortgagee, (b) comprehensive public liability"occurrence basis" against claims for personal injury, including without limitation, bodily injury and product liability and injury, death or property damagedamage occurring on, insurance, with personal injury endorsements, applicable to in or about the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Three Million Dollars ($20,000,0003,000,000) per occurrencewith respect to personal injury or death to one or more persons and with "umbrella" liability coverage of not less than Twenty-Five Million Dollars ($25,000,000), (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in or such greater amounts as are usually carried may from time to time be required by persons operating institutional lenders for similar properties in the same general locality, but in any event in loans;
(iii) Business interruption insurance for an amount not less than Twenty Million Dollars the greater of ($20,000,000), x) twenty-four (d24) business interruption insurance months gross income from the Property and (y) estimated operating expenses (including added expense coveragedebt service) against all insurable perils for the Property for a twenty-four (24) month period that commences on the effective date of not fewer than twelve said insurance policy or each renewal thereof, as applicable (12in either case on an "actual loss sustained" basis) months covering the same risks as are covered by the policies described in Section 1.7.1(i);
(subject iv) If the Land is located in an area designated by the U.S. Department of Housing and Urban Development as a flood hazard area, insurance for the peril of flood as is available through the National Flood Insurance Program;
(v) Broad form boiler and machinery insurance on a "comprehensive" form in an amount adequate to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence)provide protection against the maximum amount of damage possible to building, (e) worker's compensation insurance improvements and contents resulting from explosion or other occurrences relating to the full extent required by applicable law for all employees of the Mortgagor engaged in any work boilers, pressure vessels, machinery and equipment on or about the Property;
(vi) Workers' compensation insurance in such forms and in such amounts as may be required by the laws of each state in which any Building is located;
(vii) A blanket policy of insurance insuring the Property and employer's liability insurance with a limit of against damage by earthquake in an aggregate insured amount not less than Ten Twenty-Four Million Seven Hundred Thousand Dollars ($10,000,00024,700,000) for each occurrence, and having a deductible of not more than five percent (f5%) all-risk, builders' risk insurance with respect per unit subject to the Property during any period during which there is any construction work being performed, against loss a One Hundred Thousand ($100,000) minimum or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other earthquake insurance with respect as may be required by Section 8.3 of the Loan Agreement (a unit being defined as each Building on an Individual Property); and
(viii) Such other insurance as is generally available on commercially reasonable terms and is generally required by institutional lenders on loans secured by properties similar to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagorany Individual Property.
Appears in 1 contract
Samples: Deed of Trust (Arden Realty Inc)
Risks to be Insured. The Mortgagor Trustor will, at its expense, maintain or cause to be maintained with by insurance carriers approved by that meet the Mortgagee standards set forth below: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Trustor, the Trustee and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and reasonably approved by the Mortgagee Beneficiary or, at the request of the MortgageeBeneficiary, as determined at the MortgagorTrustor's expense by the insurer or insurers or by an expert reasonably approved by the MortgageeBeneficiary, (b) comprehensive public liability, including bodily injury and product liability and property damage, damage insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily usually carried by Persons operating of comparable size engaged in the same or similar properties business and similarly situated in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating Persons of comparable size engaged in the same or a similar properties in business and similarly situated the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten five (105) days per any occurrenceannum), and (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence. All such insurance shall be provided (i) by insurers authorized by Lloyds of London to underwrite such risks, (fii) all-risk, builders' risk insurance by insurers having an A.M. Best policyholders rating of not less than A- (except with respect to insurers providing workers compensation insurance, in which case such insurers shall have an A.M. Best policyholders rating of not less than B+) or (iii) by such other insurers as the Property during Beneficiary may approve in writing; PROVIDED, HOWEVER, that if the rating of any period during which there of the insurers providing insurance hereunder is any construction work being performeddowngraded, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses the Trustor shall only be required to obtain replacement insurance with an insurer satisfying the requirements hereof at the time available and (g) such other stated expiration of the insurance policy maintained with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagorinsurer whose rating was so downgraded.
Appears in 1 contract
Samples: Leasehold Deed of Trust, Assignment of Leases and Rents (Leiner Health Products Inc)
Risks to be Insured. The Mortgagor Trustor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee maintained: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "“all-risk" ” policies, in amounts sufficient to prevent the Mortgagor Trustor and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual accrual replacement value) of the ImprovementsImprovements (subject to commercially reasonable deductibles), as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgageepractice, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property Trust Premises in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) coverage against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrencedeductible), (e) worker's ’s compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and Property, (f) employer's ’s liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, and (fg) all-risk, builders' ’ risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "“extended coverage" ” clauses at the time available and (gh) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may my reasonably require by written notice to the Mortgagor.Trustor and is then being required by lenders of facilities similar to the Trust Premises, which facilities are located in a similar geographic area to the Trust Premises. Notwithstanding the foregoing, to the extent any insurance required herein is no longer available Trustor shall not be in default of its obligations hereunder if it fails to obtain such unavailable insurance. In addition, to the extent it becomes commercially unreasonable to maintain any such insurance (which shall be true if such insurance is not being renewed or obtained by substantially all owners of facilities similar to the Trust Premises which are located in a similar geographic area to the Trust Premises), then Trustor shall not be required to maintain such insurance until the time such insurance is available on commercially reasonable terms
Appears in 1 contract
Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by policies covering the Mortgagee (a) insurance with respect to Leased Properties and Lxxxxx’s Personal Property shall insure against the Improvements against loss following risks:
13.2.1 Loss or damage by fire, lightning vandalism and such other risks malicious mischief, earthquake, extended coverage perils commonly known as are “Special Risk,” and all physical loss perils normally included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liabilitysuch Special Risk insurance, including bodily injury and product liability and property damagebut not limited to sprinkler leakage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars one hundred percent ($20,000,000100%) of Replacement Cost (provided that Lessor shall have the right from time to time, but no more frequently than once in any period of three (3) consecutive Lease Years, to have Replacement Cost reasonably redetermined by the fire insurance company then carrying the largest amount of fire insurance on the Leased Properties (Lessee hereby agreeing to pay the fee, if any, for such insurer), which determination shall be final and binding on the parties hereto, and upon such determination Lessee immediately shall increase, but not decrease, the amount of the insurance carried pursuant to this Section 13.2.1 to the amount so determined, subject to the approval of any Facility Mortgagee;
13.2.2 Broad form comprehensive boiler and machinery insurance on a blanket repair and replace basis, with limits for each accident in an amount not less than one hundred percent (d100%) business interruption of Replacement Cost;
13.2.3 Loss of rental under a rental value insurance policy covering risk of loss during reconstruction necessitated by the occurrence of any of the hazards described in Sections 13.2.1 or 13.2.2 (including added expense coverage) against all insurable perils but in no event for a period of not fewer less than twelve (12) months months) in an amount sufficient to prevent Lessor and Lessee from becoming a co-insurer;
13.2.4 Claims for bodily injury (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceincluding resulting death), personal injury or property damage under a policy of commercial general public liability insurance with a combined single limit per occurrence in respect of bodily injury and death and property damage of One Million Dollars (e$1,000,000), and an aggregate limitation of Seven Million Dollars ($7,000,000), which insurance shall insure Lessee’s contractual liability to Lessor under the indemnity provisions of this Lease and, if written on a “claims-made” basis, Lxxxxx also shall provide continuous liability coverage for claims arising during the Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Lessor in the event such policy is canceled or not renewed for any reason whatsoever, or by obtaining “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term;
13.2.5 Claims arising out of malpractice in an amount not less than One Million Dollars ($1,000,000) for each person and for each occurrence, and with an aggregate limitation of Five Million Five Hundred Thousand Dollars ($5,500,000), and, if written on a “claims-made” basis, Lessee also shall provide continuous liability coverage for claims arising during the Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Lessor in the event such policy is canceled or not renewed for any reason whatsoever, or by obtaining “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term;
13.2.6 Flood (with respect to any portions of the Leased Properties located in whole or in part within a designated flood plain area) and such other hazards and in such amounts as may be customary for comparable properties in the area;
13.2.7 During such time as Lessee is constructing any improvements, (a) worker's ’s compensation insurance and employers’ liability insurance covering all persons employed in connection with the improvements in statutory limits, (b) a completed operations endorsement to the full extent required by applicable law for commercial general liability and property damage insurance policies referred to above, (c) builder’s risk insurance, completed value form, covering all employees physical loss, in an amount satisfactory to Lessor, and (d) such other insurance, in such amounts, as Lessor deems necessary to protect Lxxxxx’s interest in the Leased Properties from any act or omission of Lxxxxx’s contractors or subcontractors, and certificates of insurance evidencing such coverage, in form satisfactory to Lessor, shall be presented to Lessor prior to the Mortgagor engaged in any work on or about the Property and employer's commencement of construction of such improvements;
13.2.8 Primary automobile liability insurance with limits of One Million Dollars ($1,000,000.00) per occurrence each for owned and non-owned and hired vehicles;
13.2.9 Loss or damage commonly covered by blanket crime insurance including dishonesty, loss of money orders or paper currency and depositor’s forgery, with a limit of not less than Ten Million Five Hundred Thousand Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor500,000.00).
Appears in 1 contract
Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by policies covering the Mortgagee (a) insurance with respect to Leased Properties and Lxxxxx’s Personal Property shall insure against the Improvements against loss following risks:
13.2.1 Loss or damage by fire, lightning vandalism and such other risks malicious mischief, extended coverage perils commonly known as are “Special Risk,” and all physical loss perils normally included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liabilitysuch Special Risk insurance, including bodily injury and product liability and property damagebut not limited to sprinkler leakage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars one hundred percent ($20,000,000100%) of Replacement Cost (provided that Lessor shall have the right from time to time, but no more frequently than once in any period of three (3) consecutive Lease Years, to have Replacement Cost reasonably redetermined by the fire insurance company then carrying the largest amount of fire insurance on the Leased Properties (Lessee hereby agreeing to pay the fee, if any, for such insurer), which determination shall be final and binding on the parties hereto, and upon such determination Lessee immediately shall increase, but not decrease, the amount of the insurance carried pursuant to this Section 13.2.1 to the amount so determined;
13.2.2 Broad form comprehensive boiler and machinery insurance on a blanket repair and replace basis, with limits for each accident in an amount not less than one hundred percent (d100%) business interruption of Replacement Cost;
13.2.3 Loss of rental under a rental value insurance policy covering risk of loss during reconstruction necessitated by the occurrence of any of the hazards described in Sections 13.2.1 or 13.2.2 (including added expense coverage) against all insurable perils but in no event for a period of not fewer less than twelve (12) months months) in an amount sufficient to prevent Lessor and Lessee from becoming a co-insurer;
13.2.4 Claims for bodily injury (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceincluding resulting death), personal injury or property damage under a policy of commercial general public liability insurance with a combined single limit per occurrence in respect of bodily injury and death and property damage of One Million Dollars (e$1,000,000.00), and an aggregate limitation of Three Million Dollars ($3,000,000.00), which insurance shall insure Lessee’s contractual liability to Lessor under the indemnity provisions of this Lease and may be written on a ‘claims made’ basis, and, if written on a “claims-made” basis, Lessee also shall provide continuous liability coverage for claims arising during the Term by obtaining “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term;
13.2.5 Claims arising out of malpractice with a combined single limit per occurrence of One Million Dollars ($1,000,000.00), and an aggregate limitation of Three Million Dollars ($3,000,000.00) and, if written on a “claims-made” basis, Lessee also shall provide continuous liability coverage for claims arising during the Term by obtaining “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term;
13.2.6 Flood (with respect to any portions of the Leased Properties located in whole or in part within a designated flood plain area) and such other hazards and in such amounts as may be customary for comparable properties in the area;
13.2.7 During such time as Lessee is constructing any improvements, (a) worker's ’s compensation insurance and employers’ liability insurance covering all persons employed in connection with the improvements in statutory limits, (b) a completed operations endorsement to the full extent required by applicable law for commercial general liability and property damage insurance policies referred to above, (c) builder’s risk insurance, completed value form, covering all employees physical loss, in an amount satisfactory to Lessor, and (d) such other insurance, in such amounts, as Lessor deems necessary to protect Lxxxxx’s interest in the Leased Properties from any act or omission of Lxxxxx’s contractors or subcontractors, and certificates of insurance evidencing such coverage, in form satisfactory to Lessor, shall be presented to Lessor prior to the Mortgagor engaged in any work on or about the Property and employer's commencement of construction of such improvements;
13.2.8 Primary automobile liability insurance with limits of One Million Dollars ($1,000,000.00) per occurrence each for owned and non-owned and hired vehicles;
13.2.9 Loss or damage commonly covered by blanket crime insurance including dishonesty, loss of money orders or paper currency and depositor’s forgery, with a limit of not less than Ten One Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor1,000,000.00).
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Risks to be Insured. The Mortgagor Trustor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee maintained: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Trustor and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual accrual replacement value) of the ImprovementsImprovements (subject to commercially reasonable deductibles), as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and approved by the Mortgagee orBeneficiary (provided that: (x) Beneficiary's approval shall be deemed given if Beneficiary fails to respond within five (5) business days after receipt of a request for Beneficiary's approval clearly stating that Beneficiary's failure to respond within the aforesaid period shall be deemed Beneficiary's approval; and (y) Beneficiary, at by its acceptance of this Deed of Trust, approves the request amount of insurance maintained by Trustor on the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgageedate hereof pursuant to this clause (a)), (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property Trust Premises in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) coverage against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrencedeductible), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and Property, (f) employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, and (fg) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (gh) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may my reasonably require by written notice to the MortgagorTrustor and is then being required by lenders of facilities similar to the Trust Premises, which facilities are located in a similar geographic area to the Trust Premises. Notwithstanding the foregoing, to the extent any insurance required herein is no longer available Trustor shall not be in default of its obligations hereunder if it fails to obtain such unavailable insurance. In addition, to the extent it becomes commercially unreasonable to maintain any such insurance (which shall be true if such insurance is: (i) not being renewed or obtained by substantially all owners of facilities similar to the Trust Premises which are located in a similar geographic area to the Trust Premises; and (ii) the Board of Directors of Trustor resolves that such insurance is not available on commercially reasonable terms) then Trustor shall not be required to maintain such insurance until the earlier of: (A) the time such insurance is available on commercially reasonable terms; or (B) one (1) year from the date of the resolution of the Board of Directors of Trustor (subject to the extension of such waiver if the Board of Directors of Trustor issues a new resolution confirming the unavailability of such insurance on commercially reasonable terms).
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Risks to be Insured. The Mortgagor Grantor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee Grantee (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Grantor and the Mortgagee Grantee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Grantor in accordance with generally accepted insurance practice and approved by the Mortgagee Grantee or, at the request of the MortgageeGrantee, as determined at the MortgagorGrantor's expense by the insurer or insurers or by an expert approved by the MortgageeGrantee, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceoccurence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Grantor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Grantee from time to time may reasonably require by written notice to the MortgagorGrantor.
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Risks to be Insured. The Mortgagor willGrantor (or its designee), at its the Grantor's expense, will obtain and maintain in full force and effect at all times until all Obligations have been fully paid and performed, with Qualified Insurance Companies (as that term is defined in Section 1.7.2), insurance against the following risks:
(i) Loss and damage by fire and all other casualties on or cause to be maintained with insurance carriers approved by the Mortgagee (a) insurance with respect to the Improvements against loss or damage by fireProperty as are included in the form of casualty insurance commonly referred to as "extended coverage" (including, lightning without limitation, windstorm, explosion and such other risks as are included typically insured against by owners of like properties in standard "all-risk" policiesthe area in which the Buildings are located) in such amounts as are reasonably satisfactory to Beneficiary, but in amounts sufficient no event less than one hundred percent (100%) of the full replacement cost of the Property (exclusive of excavation and foundations and without deduction for physical depreciation) and in no event less than the amount required to prevent the Mortgagor and the Mortgagee Grantor from becoming a co-insurer within the terms of any partial loss under the applicable policies, but policies and in any no event in amounts not less than the then full insurable value (actual replacement value) outstanding amount of the Improvements, as determined by the Mortgagor in accordance with generally accepted Obligations; such insurance practice and approved by the Mortgagee or, at the request shall contain an "Ordinance or Law Coverage" or "Enforcement" endorsement if any of the MortgageeImprovements or the use of the Property constitute legal, as determined at the Mortgagor's expense by the insurer non-conforming structures or insurers or by uses;
(ii) Comprehensive public liability insurance on an expert approved by the Mortgagee, (b) comprehensive public liability"occurrence basis" against claims for personal injury, including without limitation, bodily injury and product liability and injury, death or property damagedamage occurring on, insurance, with personal injury endorsements, applicable to in or about the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Three Million Dollars ($20,000,0003,000,000) per occurrencewith respect to personal injury or death to one or more persons and with "umbrella" liability coverage of not less than Twenty-Five Million Dollars ($25,000,000), (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in or such greater amounts as are usually carried may from time to time be required by persons operating institutional lenders for similar properties in the same general locality, but in any event in loans;
(iii) Business interruption insurance for an amount not less than Twenty Million Dollars the greater of ($20,000,000), x) twenty-four (d24) business interruption insurance months gross income from the Property and (y) estimated operating expenses (including added expense coveragedebt service) against all insurable perils for the Property for a twenty-four (24) month period that commences on the effective date of not fewer than twelve said insurance policy or each renewal thereof, as applicable (12in either case on an "actual loss sustained" basis) months covering the same risks as are covered by the policies described in Section 1.7.1(i);
(subject iv) If the Land is located in an area designated by the U.S. Department of Housing and Urban Development as a flood hazard area, insurance for the peril of flood as is available through the National Flood Insurance Program;
(v) Broad form boiler and machinery insurance on a "comprehensive" form in an amount adequate to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence)provide protection against the maximum amount of damage possible to building, (e) worker's compensation insurance improvements and contents resulting from explosion or other occurrences relating to the full extent required by applicable law for all employees of the Mortgagor engaged in any work boilers, pressure vessels, machinery and equipment on or about the Property;
(vi) Workers' compensation insurance in such forms and in such amounts as may be required by the laws of each state in which any Building is located;
(vii) A blanket policy of insurance insuring the Property and employer's liability insurance with a limit of against damage by earthquake in an aggregate insured amount not less than Ten Twenty-Two Million Three Hundred Thousand Dollars ($10,000,00022,300,000) for each occurrence, and having a deductible of not more than five percent (f5%) all-risk, builders' risk insurance with respect per unit subject to the Property during any period during which there is any construction work being performed, against loss a One Hundred Thousand ($100,000) minimum or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other earthquake insurance with respect as may be required by Section 8.3 of the Loan Agreement (a unit being defined as each Building on an Individual Property); and
(viii) Such other insurance as is generally available on commercially reasonable terms and is generally required by institutional lenders on loans secured by properties similar to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagorany Individual Property.
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Samples: Deed of Trust (Arden Realty Inc)
Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by policies covering the Mortgagee (a) insurance with respect to Leased Properties and Lessee’s Personal Property shall insure against the Improvements against loss following risks:
13.2.1 Loss or damage by fire, lightning vandalism and such other risks malicious mischief, earthquake, extended coverage perils commonly known as are “Special Risk,” and all physical loss perils normally included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liabilitysuch Special Risk insurance, including bodily injury and product liability and property damagebut not limited to sprinkler leakage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars one hundred percent ($20,000,000100%) of Replacement Cost (provided that Lessor shall have the right from time to time, but no more frequently than once in any period of three (3) consecutive Lease Years, to have Replacement Cost reasonably redetermined by the fire insurance company then carrying the largest amount of fire insurance on the Leased Properties (Lessee hereby agreeing to pay the fee, if any, for such insurer), which determination shall be final and binding on the parties hereto, and upon such determination Lessee immediately shall increase, but not decrease, the amount of the insurance carried pursuant to this Section 13.2.1 to the amount so determined, subject to the approval of any Facility Mortgagee;
13.2.2 Broad form comprehensive boiler and machinery insurance on a blanket repair and replace basis, with limits for each accident in an amount not less than one hundred percent (d100%) business interruption of Replacement Cost;
13.2.3 Loss of rental under a rental value insurance policy covering risk of loss during reconstruction necessitated by the occurrence of any of the hazards described in Sections 13.2.1 or 13.2.2 (including added expense coverage) against all insurable perils but in no event for a period of not fewer less than twelve (12) months months) in an amount sufficient to prevent Lessor and Lessee from becoming a co-insurer;
13.2.4 Claims for bodily injury (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceincluding resulting death), personal injury or property damage under a policy of commercial general public liability insurance with a combined single limit per occurrence in respect of bodily injury and death and property damage of One Million Dollars (e$1,000,000), and an aggregate limitation of Three Million Dollars ($3,000,000), which insurance shall insure Lessee’s contractual liability to Lessor under the indemnity provisions of this Lease and, if written on a “claims-made” basis, Lessee also shall provide continuous liability coverage for claims arising during the Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Lessor in the event such policy is canceled or not renewed for any reason whatsoever, or by obtaining “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term;
13.2.5 Claims arising out of malpractice in an amount not less than One Million Dollars ($1,000,000) for each person and for each occurrence and, if written on a “claims-made” basis, Lessee also shall provide continuous liability coverage for claims arising during the Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Lessor in the event such policy is canceled or not renewed for any reason whatsoever, or by obtaining “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term;
13.2.6 Flood (with respect to any portions of the Leased Properties located in whole or in part within a designated flood plain area) and such other hazards and in such amounts as may be customary for comparable properties in the area;
13.2.7 During such time as Lessee is constructing any improvements, (a) worker's ’s compensation insurance and employers’ liability insurance covering all persons employed in connection with the improvements in statutory limits, (b) a completed operations endorsement to the full extent required by applicable law for commercial general liability and property damage insurance policies referred to above, (c) builder’s risk insurance, completed value form, covering all employees physical loss, in an amount satisfactory to Lessor, and (d) such other insurance, in such amounts, as Lessor deems necessary to protect Lessor’s interest in the Leased Properties from any act or omission of Lessee’s contractors or subcontractors, and certificates of insurance evidencing such coverage, in form satisfactory to Lessor, shall be presented to Lessor prior to the Mortgagor engaged in any work on or about the Property and employer's commencement of construction of such improvements;
13.2.8 Primary automobile liability insurance with limits of One Million Dollars ($1,000,000.00) per occurrence each for owned and non-owned and hired vehicles;
13.2.9 Loss or damage commonly covered by blanket crime insurance including dishonesty, loss of money orders or paper currency and depositor’s forgery, with a limit of not less than Ten Million Five Hundred Thousand Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor500,000.00).
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Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by policies covering the Mortgagee (a) insurance with respect to Leased Properties and Xxxxxx’s Personal Property shall insure against the Improvements against loss following risks:
13.2.1 Loss or damage by fire, lightning vandalism and such other risks malicious mischief, extended coverage perils commonly known as are "Special Risk," and all physical loss perils normally included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liabilitysuch Special Risk insurance, including bodily injury and product liability and property damagebut not limited to sprinkler leakage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars one hundred percent ($20,000,000100%) of Replacement Cost (provided that Lessor shall have the right from time to time, but no more frequently than once in any period of three (3) consecutive Lease Years, to have Replacement Cost reasonably redetermined by the fire insurance company then carrying the largest amount of fire insurance on the Leased Properties (Lessee hereby agreeing to pay the fee, if any, for such insurer), which determination shall be final and binding on the parties hereto, and upon such determination Lessee immediately shall increase, but not decrease, the amount of the insurance carried pursuant to this Section 13.2.1 to the amount so determined;
13.2.2 Broad form comprehensive boiler and machinery insurance on a blanket repair and replace basis, with limits for each accident in an amount not less than one hundred percent (d100%) business interruption of Replacement Cost;
13.2.3 Loss of rental under a rental value insurance policy covering risk of loss during reconstruction necessitated by the occurrence of any of the hazards described in Sections 13.2.1 or 13.2.2 (including added expense coverage) against all insurable perils but in no event for a period of not fewer less than twelve (12) months months) in an amount sufficient to prevent Lessor and Lessee from becoming a co-insurer;
13.2.4 Claims for bodily injury (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceincluding resulting death), personal injury or property damage under a policy of commercial general public liability insurance with a combined single limit per occurrence in respect of bodily injury and death and property damage of One Million Dollars (e$1,000,000.00), and an aggregate limitation of Three Million Dollars ($3,000,000.00), which insurance shall insure Lessee’s contractual liability to Lessor under the indemnity provisions of this Lease and may be written on a ‘claims made’ basis, and, if written on a "claims-made" basis, Lessee also shall provide continuous liability coverage for claims arising during the Term by obtaining "tail" insurance coverage converting the policies to "occurrence" basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term;
13.2.5 Claims arising out of malpractice with a combined single limit per occurrence of One Million Dollars ($1,000,000.00), and an aggregate limitation of Three Million Dollars ($3,000,000.00) and, if written on a "claims-made" basis, Lessee also shall provide continuous liability coverage for claims arising during the Term by obtaining "tail" insurance coverage converting the policies to "occurrence" basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term;
13.2.6 Flood (with respect to any portions of the Leased Properties located in whole or in part within a designated flood plain area) and such other hazards and in such amounts as may be customary for comparable properties in the area;
13.2.7 During such time as Lessee is constructing any improvements, (a) worker's ’s compensation insurance and employers’ liability insurance covering all persons employed in connection with the improvements in statutory limits, (b) a completed operations endorsement to the full extent required by applicable law for commercial general liability and property damage insurance policies referred to above, (c) builder’s risk insurance, completed value form, covering all employees physical loss, in an amount satisfactory to Lessor, and (d) such other insurance, in such amounts, as Lessor deems necessary to protect Xxxxxx’s interest in the Leased Properties from any act or omission of Xxxxxx’s contractors or subcontractors, and certificates of insurance evidencing such coverage, in form satisfactory to Lessor, shall be presented to Lessor prior to the Mortgagor engaged in any work on or about the Property and employer's commencement of construction of such improvements;
13.2.8 Primary automobile liability insurance with limits of One Million Dollars ($1,000,000.00) per occurrence each for owned and non-owned and hired vehicles;
13.2.9 Loss or damage commonly covered by blanket crime insurance including dishonesty, loss of money orders or paper currency and depositor’s forgery, with a limit of not less than Ten One Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor1,000,000.00).
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Risks to be Insured. The Mortgagor Trustor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee Beneficiary: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Trustor, the Trustee and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and approved by the Mortgagee Beneficiary or, at the request of the MortgageeBeneficiary, as determined at the MortgagorTrustor's expense by the insurer or insurers or by an expert approved by the MortgageeBeneficiary, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available available, and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may reasonably require by written notice to the MortgagorTrustor.
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Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with by insurance carriers approved by that meet the Mortgagee standards set forth below: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and reasonably approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert reasonably approved by the Mortgagee, (b) comprehensive public liability, including bodily injury and product liability and property damage, damage insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily usually carried by Persons operating of comparable size engaged in the same or a similar properties business and similarly situated in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating Persons of comparable size engaged in the same or a similar properties business and similarly situated in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten five (105) days per any occurrenceannum), and (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence. All such insurance shall be provided (i) by insurers authorized by Lloyds of London to underwrite such risks, (fii) all-risk, builders' risk insurance by insurers having an A.M. Best policyholders rating of not less than A-(except with respect to the Property during any period during insurers providing workers compensation insurance, in which there is any construction work being performed, against loss case such insurers shall have an A.M. Best policyholders rating of not less than B+) or damage (iii) by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards insurers as the Mortgagee from time may approve in writing; PROVIDED, HOWEVER, that if the rating of any of the insurers providing insurance hereunder is downgraded, the Mortgagor shall only be required to time may reasonably require by written notice to obtain replacement insurance with an insurer satisfying the Mortgagorrequirements hereof at the stated expiration of the insurance policy maintained with the insurer whose rating was so downgraded.
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Risks to be Insured. The Mortgagor Grantor will, at its expense, ------------------- maintain or cause to be maintained with insurance carriers approved by the Mortgagee Beneficiary (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Grantor and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Grantor in accordance with generally accepted insurance practice and approved by the Mortgagee Beneficiary or, at upon the request of the Mortgagee, Beneficiary as determined at the MortgagorGrantor's expense by the insurer or insurers or by an expert approved by the MortgageeBeneficiary, (b) comprehensive public commercial general liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsementsendorsement, applicable to the Property in such amounts as are customarily usually carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) 3,000,000 per person for bodily injury liability, a limit of not less than $5,000,000 per occurrence for bodily injury liability and $500,000 for all claims for property damage liability with respect to any one occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000)500,000, (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Grantor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) 3,000,000 for each occurrence, (fe) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available available, (f) business interruption insurance in an amount reasonably satisfactory to the Beneficiary, and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may reasonably require by written notice to the MortgagorGrantor.
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Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with by insurance carriers approved by that meet the Mortgagee standards set forth below: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and reasonably approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert reasonably approved by the Mortgagee, (b) comprehensive public liability, including bodily injury and product liability and property damage, damage insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily usually carried by Persons operating of comparable size engaged in the same or a similar properties business and similarly situated in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating Persons of comparable size engaged in the same or a similar properties business and similarly situated in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten five (105) days per any occurrenceannum), and (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence. All such insurance shall be provided (i) by insurers authorized by Lloyds of London to underwrite such risks, (fii) all-risk, builders' risk insurance by insurers having an A.M. Best policyholders rating of not less than A-(except with respect to the Property during any period during insurers providing workers compensation insurance, in which there is any construction work being performedcase such insurers shall have an A.M. Best policyholders rating of not less than B+), against loss or damage (iii) by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards insurers as the Mortgagee from time may approve in writing; PROVIDED that if the rating of any of the insurers providing insurance hereunder is downgraded, the Mortgagor shall only be required to time may reasonably require by written notice to obtain replacement insurance with an insurer satisfying the Mortgagorrequirements hereof at the stated expiration of the insurance policy maintained with the insurer whose rating was so downgraded.
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Risks to be Insured. The Mortgagor Grantor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee Grantee (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Grantor and the Mortgagee Grantee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Grantor in accordance with generally accepted insurance practice and approved by the Mortgagee Grantee or, at the request of the MortgageeGrantee, as determined at the MortgagorGrantor's expense by the insurer or insurers or by an expert approved by the MortgageeGrantee, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Grantor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor.and
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Samples: Leasehold Deed to Secure Debt, Assignment and Security Agreement (Sterling Chemical Inc)
Risks to be Insured. The Mortgagor Trustor will, at its ------------------- expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee Beneficiary (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Trustor and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and approved by the Mortgagee Beneficiary or, at upon the request of the Mortgagee, Beneficiary as determined at the MortgagorTrustor's expense by the insurer or insurers or by an expert approved by the MortgageeBeneficiary, (b) comprehensive public commercial general liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsementsendorsement, applicable to the Property in such amounts as are customarily usually carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) 3,000,000 per person for bodily injury liability, a limit of not less than $5,000,000 per occurrence for bodily injury liability and $500,000 for all claims for property damage liability with respect to any one occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000)500,000, (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) 3,000,000 for each occurrence, (fe) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available available, (f) business interruption insurance in an amount reasonably satisfactory to the Beneficiary, and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may reasonably require by written notice to the MortgagorTrustor.
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Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceoccurrence or, if an aggregate deductible not exceeding ten (10) days per occurrence is not then available, the lowest aggregate deductible then available), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor.
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Samples: Mortgage, Assignment of Leases and Rents, Security Agreement (Sterling Chemical Inc)
Risks to be Insured. The Mortgagor will, at its expense, ------------------- maintain or cause to be maintained with insurance carriers approved by the Mortgagee (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at upon the request of the Mortgagee, Mortgagee as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public commercial general liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsementsendorsement, applicable to the Property in such amounts as are customarily usually carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) 3,000,000 per person for bodily injury liability, a limit of not less than $5,000,000 per occurrence for bodily injury liability and $500,000 for all claims for property damage liability with respect to any one occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000)500,000, (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) 3,000,000 for each occurrence, (fe) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available available, (f) business interruption insurance in an amount reasonably satisfactory to the Mortgagee, and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor.
Appears in 1 contract
Samples: Mortgage (Aristotle Corp)
Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by policies covering the Mortgagee (a) insurance with respect to Leased Properties and Lessee’s Personal Property shall insure against the Improvements against loss following risks:
13.2.1 Loss or damage by fire, lightning vandalism and such other risks malicious mischief, earthquake, extended coverage perils commonly known as are “Special Risk,” and all physical loss perils normally included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liabilitysuch Special Risk insurance, including bodily injury and product liability and property damagebut not limited to sprinkler leakage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars one hundred percent (100%) of Replacement Cost (provided that earthquake coverage may have a sublimit coverage of $20,000,0005,000,000.00);
13.2.2 Loss or damage by explosion of steam boilers, (d) business pressure vessels or similar apparatus in such amounts as may be required by Lessor from time to time;
13.2.3 Business interruption insurance or a blanket earnings and expense coverage endorsement covering risk of loss during reconstruction necessitated by the occurrence of any of the hazards described in Sections 13.2.1 or 13.2.2 (including added expense coverage) against all insurable perils but in no event for a period of not fewer less than twelve (12) months (subject months) in an amount sufficient to prevent Lessor and Lessee from becoming a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law co-insurer;
13.2.4 Claims for all employees personal injury or property damage under a policy of the Mortgagor engaged in any work on or about the Property and employer's commercial general public liability insurance with a combined single limit per occurrence in respect of not less than Ten bodily injury and death and property damage of One Million Dollars ($10,000,0001,000,000.00), and an aggregate limitation of Three Million Dollars ($3,000,000.00), with a minimum One Million Dollar ($1,000,000.00) excess policy, which insurance shall insure Lessee’s contractual liability to Lessor under the indemnity provisions of Article XXI of this Lease, and if written on a “claims-made” basis, Lessee shall also provide continuous liability coverage for claims arising during the Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Lessor in the event such policy is canceled or not renewed for any reason whatsoever, or by obtaining “tail” insurance coverage providing coverage for a period of at least three (3) years beyond the expiration of the Term;
13.2.5 Claims arising out of malpractice in an amount not less than Two Million Dollars ($2,000,000.00) for each occurrenceperson and for each occurrence and, if written on a “claims-made” basis, Lessee shall also provide continuous liability coverage for claims arising during the Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Lessor in the event such policy is canceled or not renewed for any reason whatsoever, or by obtaining “tail” insurance coverage providing coverage for a period of at least three (f3) all-risk, builders' risk insurance years beyond the expiration of the Term;
13.2.6 Flood (with respect to any portions of the Property during Leased Properties located in whole or in part within a designated flood plain area) and such other hazards and in such amounts as may be customary for comparable properties in the area up to the maximum limit that can be obtained under the Federal Flood Insurance Program;
13.2.7 During such time as Lessee is constructing any period during which there is any construction work being performedimprovements, against loss or damage by fire or other risks(i) worker’s compensation insurance and employers’ liability insurance covering all persons employed in connection with the improvements in statutory limits, including vandalism(ii) builder’s risk insurance, malicious mischief and sprinkler leakagecompleted value form, as are included covering all physical loss, in so-called "extended coverage" clauses at the time available an amount satisfactory to Lessor, and (giii) such other insurance, in such amounts, as Lessor deems necessary to protect Lessor’s interest in the Leased Properties from any act or omission of Lessee’s contractors or subcontractors, and certificates of insurance evidencing such coverage, in form satisfactory to Lessor, shall be presented to Lessor prior to the commencement of construction of such improvements;
13.2.8 Primary automobile liability insurance with respect to the Property in such amounts limits of One Million Dollars ($1,000,000.00) per occurrence each for owned and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagornon-owned and hired vehicles.
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Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceoccurrence or if an aggregate deductible not exceeding ten (10) days per occurrence is not then available, the lowest aggregate deductible then available), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of I-1-B-13 74 not less than Ten Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor.
Appears in 1 contract
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement (Sterling Chemical Inc)
Risks to be Insured. The Mortgagor willGrantor (or its designee), at its the Grantor's expense, will obtain and maintain in full force and effect at all times until all Obligations have been fully paid and performed, with Qualified Insurance Companies (as that term is defined in Section 1.7.2), insurance against the following risks:
(i) Loss and damage by fire and all other casualties on or cause to be maintained with insurance carriers approved by the Mortgagee (a) insurance with respect to the Improvements against loss or damage by fireProperty as are included in the form of casualty insurance commonly referred to as "extended coverage" (including, lightning without limitation, windstorm, explosion and such other risks as are included typically insured against by owners of like properties in standard "all-risk" policiesthe area in which the Buildings are located) in such amounts as are reasonably satisfactory to Beneficiary, but in amounts sufficient no event less than one hundred percent (100%) of the full replacement cost of the Property (exclusive of excavation and foundations and without deduction for physical depreciation) and in no event less than the amount required to prevent the Mortgagor and the Mortgagee Grantor from becoming a co-insurer within the terms of any partial loss under the applicable policies, but policies and in any no event in amounts not less than the then full insurable value (actual replacement value) outstanding amount of the Improvements, as determined by the Mortgagor in accordance with generally accepted obligations; such insurance practice and approved by the Mortgagee or, at the request shall contain an "Ordinance or Law Coverage" or "Enforcement" endorsement if any of the MortgageeImprovements or the use of the Property constitute legal, as determined at the Mortgagor's expense by the insurer non-conforming structures or insurers or by uses;
(ii) Comprehensive public liability insurance on an expert approved by the Mortgagee, (b) comprehensive public liability"occurrence basis" against claims for personal injury, including without limitation, bodily injury and product liability and injury, death or property damagedamage occurring on, insurance, with personal injury endorsements, applicable to in or about the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence3,000,000 with respect to personal injury or death to one or more persons and with "umbrella" liability coverage of not less than $25,000,000, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in or such greater amounts as are usually carried may from time to time be required by persons operating institutional lenders for similar properties in the same general locality, but in any event in loans;
(iii) Business interruption insurance for an amount not less than Twenty Million Dollars the greater of ($20,000,000), x) twenty-four months' gross income from the Property and (dy) business interruption insurance estimated operating expenses (including added expense coveragedebt service) against all insurable perils for the Property for a twenty-four month period that commences on the effective date of not fewer than twelve said insurance policy or each renewal thereof, as applicable (12in either case on an "actual loss sustained" basis) months covering the same risks as are covered by the policies described in Section 1.7.1(i);
(subject iv) If the Land is located in an area designated by the U.S. Department of Housing and Urban Development as a flood hazard area, insurance for the peril of flood as is available through the National Flood Insurance Program;
(v) Broad form boiler and machinery insurance on a "comprehensive" form in an amount adequate to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence)provide protection against the maximum amount of damage possible to building, (e) worker's compensation insurance improvements and contents resulting from explosion or other occurrences relating to the full extent required by applicable law for all employees of the Mortgagor engaged in any work boilers, pressure vessels, machinery and equipment on or about the Property;
(vi) Workers' compensation insurance in such forms and in such amounts as may be required by the laws of each state in which any Building is located;
(vii) A blanket policy of insurance insuring the Property and employer's liability insurance with a limit of against damage by earthquake in an aggregate insured amount not less than Ten Million Dollars ($ 26,615,000 and having a deductible of not more than 5% per unit subject to a $10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss 100,000 minimum or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other earthquake insurance with respect as may be required by Section 8.3 of the Loan Agreement (a unit being defined as each Building on an Individual Property); and
(viii) Such other insurance as is generally available on commercially reasonable terms and is generally required by institutional lenders on loans secured by properties similar to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagorany Individual Property.
Appears in 1 contract
Samples: Loan Agreement (Arden Realty Inc)
Risks to be Insured. The Mortgagor Trustor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee Beneficiary: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Trustor, the Trustee and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and approved by the Mortgagee Beneficiary or, at the request of the MortgageeBeneficiary, as determined at the MortgagorTrustor's expense by the insurer or insurers or by an expert approved by the MortgageeBeneficiary, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceoccurrence or, if an aggregate deductible not exceeding ten (10) days per occurrence is not then available, the lowest deductible then available), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for for. each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available available, and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may reasonably require by written notice to the MortgagorTrustor.
Appears in 1 contract
Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by policies covering the Mortgagee (a) insurance with respect to Leased Properties and Lessee's Personal Property shall insure against the Improvements against loss following risks:
11.2.1 Loss or damage by fire, lightning vandalism and such other risks malicious mischief, earthquake, extended coverage perils commonly known as are "Special Risk," and all physical loss perils normally included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liabilitysuch Special Risk insurance, including bodily injury and product liability and property damagebut not limited to sprinkler leakage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars one hundred percent (100%) of Replacement Cost (provided that earthquake coverage may have a sublimit coverage of $20,000,0005,000,000.00);
11.2.2 Loss or damage by explosion of steam boilers, (d) business pressure vessels or similar apparatus in such amounts as may be required by Lessors from time to time;
11.2.3 Business interruption insurance or a blanket earnings and expense coverage endorsement covering risk of loss during reconstruction necessitated by the occurrence of any of the hazards described in Sections 11.2.1 or 11.2.2 (including added expense coverage) against all insurable perils but in no event for a period of not fewer less than twelve (12) months (subject months) in an amount sufficient to prevent Lessors and Lessee from becoming a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law co-insurer;
11.2.4 Claims for all employees personal injury or property damage under a policy of the Mortgagor engaged in any work on or about the Property and employer's commercial general public liability insurance with a combined single limit per occurrence in respect of bodily injury and death and property damage of One Million Dollars ($1,000,000.00), and an aggregate limitation of Three Million Dollars ($3,000,000.00), with a minimum One Million Dollar ($1,000,000.00) excess policy, which insurance shall insure Lessee's contractual liability to Lessors under the indemnity provisions of Article 18 of this Lease, and if written on a "claims-made" basis, Lessee shall also provide continuous liability coverage for claims arising during the Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Lessors in the event such policy is canceled or not renewed for any reason whatsoever, or by obtaining "tail" insurance coverage providing coverage for a period of at least three (3) years beyond the expiration of the Term;
11.2.5 Claims arising out of malpractice in an amount of not less than Ten Two Million Dollars ($10,000,0002,000,000.00) for each occurrenceperson and for each occurrence and, if written on a "claims-made" basis, Lessee shall also provide continuous liability coverage for claims during the Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Lessors in the event such policy is canceled or not renewed for any reason whatsoever, or by obtaining "tail" insurance coverage providing coverage for a period of at least three (f3) all-risk, builders' risk insurance years beyond the expiration of the Term;
11.2.6 Flood (with respect to any portions of the Property during Leased Properties located in whole or in party within a designated flood plain area) and such other hazards and in such amounts as may be customary for comparable properties in the area up to the maximum limit that can be obtained under the Federal Flood Insurance Program;
11.2.7 During such time as Lessee is constructing any period during which there is any construction work being performedimprovements, against loss or damage by fire or other risks(i) workers compensation insurance and employers' liability insurance covering all persons employed in connection with the improvements in statutory limits, including vandalism(ii) builder's risk insurance, malicious mischief and sprinkler leakagecompleted value form, as are included covering all physical loss, in so-called "extended coverage" clauses at the time available an amount satisfactory to Lessors, and (giii) such other insurance, in such amounts, as Lessors deem necessary to protect Lessors' interest in the Leased Properties from any act or omission of Lessee's contractors or subcontractors, and certificates of insurance evidencing such coverage, in form satisfactory to Lessors, shall be presented to Lessors prior to the commencement of construction of such improvements;
11.2.8 Primary automobile liability insurance with respect to the Property in such amounts limits of One Million Dollars ($1,000,000.00) per occurrence each for owned and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagornon-owned hired vehicles.
Appears in 1 contract
Samples: Master Lease Agreement (Advocat Inc)
Risks to be Insured. The Mortgagor Trustor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee Beneficiary: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Trustor, the Trustee and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and approved by the Mortgagee Beneficiary or, at the request of the MortgageeBeneficiary, as determined at the MortgagorTrustor's expense by the insurer or insurers or by an expert approved by the MortgageeBeneficiary, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceoccurrence or, if an aggregate deductible not exceeding ten (10) days per occurrence is not then available, the lowest aggregate deductible then available), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for for. each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available available, and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may reasonably require by written notice to the MortgagorTrustor.
Appears in 1 contract
Samples: Fixed Assets Secured Parties Deed of Trust (Sterling Chemical Inc)