Subrogation and Insurance. (a) Landlord and Tenant agree to have all physical damage or material damage insurance which may be carried by either of them, and Tenant agrees to have all business interruption insurance which it carries, endorsed to provide that any release from liability of, or waiver of claim for, recovery from the other party entered into in writing by the insured thereunder prior to any loss or damage shall not affect the validity of said policy or the right of the insured to recover thereunder and providing further that the insurer waives all rights of subrogation which such insurer might have against the other party. Without limiting, any release or waiver of liability or recovery contained in any other section of this Lease, but rather in confirmation and furtherance thereof, each of the parties hereto waives all claims for recovery from the other party for any loss or damage to any of its property or damages as a result of business interruption. Notwithstanding the foregoing or anything contained in this Lease to the contrary, any release and any waiver of claims shall not be operative, nor shall the foregoing endorsements be required, in any case where the effect of such release and waiver is to invalidate insurance coverage or increase the cost thereof (provided that, in the case of increased cost, the other party shall have the right, within ten (10) days following written notice, to pay such increased cost keeping such release and waiver in full force and effect). (b) Tenant shall carry insurance during the entire Term hereof insuring Tenant and Landlord and Landlord's agents and beneficiaries and mortgagees with terms, coverages, and in companies satisfactory to Landlord and with such commercially reasonable increases in limits as Landlord may from time to time request, but initially Tenant shall maintain the following coverages in the following amounts: (i) Comprehensive general liability insurance, including contractual liability insuring the indemnification provisions contained in this Lease, in an amount not less than $2,000,000.00 combined single limit per occurrence; (ii) All risk" physical damage insurance, including sprinkler leakage, for the full replacement cost of all additions, property improvements, and property alterations to the Premises and of all office furniture, fixtures, office equipment, merchandise, and all other items of Tenant's property on the Premises; and The foregoing insurance may be provided by a company-wide blanket insurance policy or policies maintained by or on behalf of Tenant, provided that the same is reasonably satisfactory to Landlord. (c) Tenant shall, prior to the commencement of the Term and thereafter during the Term, furnish to Landlord policies or certificates issued by the respective carriers evidencing such coverage or replacements and renewals thereof, which policies or certificates shall state that such insurance coverage may not be changed or cancelled without at least thirty (30) days' prior written notice to Landlord and Tenant. (d) Tenant shall comply with all applicable laws and ordinances, all orders and decrees of court and all requirements of other governmental authority and all requirements of Landlord's insurance companies, and shall not directly or indirectly make any use of the Premises which may thereby be prohibited or be dangerous to person or property or which, may jeopardize any insurance coverage, or may increase the cost of insurance or require additional insurance coverage. In the event of such increase in the cost of insurance or such requirement for additional insurance coverage, Tenant shall reimburse Landlord for the cost thereof.
Appears in 2 contracts
Samples: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)
Subrogation and Insurance. (a) Landlord and Tenant agree to have all physical damage or material damage insurance which may be carried by either of them, and Tenant agrees to have all business interruption insurance which it carries, endorsed to provide that any release from liability of, or waiver of claim for, recovery from the other party entered into in writing by the insured thereunder prior to any loss or damage shall not affect the validity of said policy or the right of the insured to recover thereunder and providing further that the insurer waives all rights of subrogation which such insurer might have against the other party. Without limiting, limiting any release or waiver of liability or recovery contained in any other section of this Lease, but rather in confirmation and furtherance thereof, each of the parties hereto waives all claims for recovery from the other party for any loss or damage to any of its property or damages as a result of business interruption. Notwithstanding the foregoing or anything contained in this Lease to the contrary, any release and any waiver of claims shall not be operative, nor shall the foregoing endorsements be required, in any case where the effect of such release and waiver is to invalidate insurance coverage or increase the cost thereof (provided that, in the case of increased cost, the other party shall have the right, within ten (10) days following following. written notice, notice to pay such increased cost keeping such release and waiver in full force and effect).
(b) Tenant shall carry insurance during the entire Term hereof insuring Tenant and Landlord and Landlord's agents and beneficiaries and mortgagees with terms, coverages, and in companies satisfactory to Landlord and mortgagees and with such commercially reasonable increases in limits as Landlord may from time to time request, request but initially Tenant shall maintain the following coverages in the following amounts:
(i) Comprehensive general liability insurance, including contractual liability insuring the indemnification provisions contained in this Lease, in an amount not less than $2,000,000.00 combined single limit per occurrence;
(ii) All risk" physical damage insurance, including sprinkler leakage, for the full replacement cost of all additions, property improvements, and property properly alterations to the Premises and of all office furniture, trade fixtures, office equipment, merchandise, and all other items of Tenant's property on the PremisesPremises above Tenant Improvements as defined in the Workletter; and The foregoing insurance may be provided by a company-wide blanket insurance policy or policies maintained by or on behalf of Tenant, provided that the same is reasonably satisfactory to Landlord.
(c) Tenant shall, prior to the commencement of the Term and thereafter during the Term, furnish to Landlord policies or certificates issued by the respective carriers evidencing such coverage or replacements and renewals thereof, which policies or certificates shall state that such insurance coverage may not be changed or cancelled canceled without at least thirty (30) days' prior written notice to Landlord and Tenant.
(d) Tenant shall comply with all applicable laws and ordinances, all orders and decrees of court and all requirements of other governmental authority and all requirements of Landlord's insurance companies, and shall not directly or indirectly make any use of the Premises which may thereby be prohibited or be dangerous to person or property or which, which may jeopardize any insurance coverage, or may increase the cost of insurance or require additional insurance coverage. In the event of such increase in the cost of insurance or such requirement for additional insurance coverage, Tenant shall reimburse Landlord for the cost thereof.
Appears in 2 contracts
Samples: Office Lease (Hewitt Holdings LLC), Office Lease (Hewitt Associates Inc)
Subrogation and Insurance. (a) Landlord and Tenant agree to have all physical damage or material damage insurance which may be carried by either of them, and Tenant agrees to have all business interruption insurance which it carries, endorsed to provide that any release from liability of, or waiver of claim for, recovery from the other party entered into in writing by the insured thereunder prior to any loss or damage shall not affect the validity of said policy or the right of the insured to recover thereunder and providing further that the insurer waives all rights of subrogation which such insurer might have against the other party. Without limiting, limiting any release or waiver of liability or recovery contained in any other section of this Lease, but rather in confirmation and furtherance thereof, each of the parties hereto waives all claims for recovery from the other party for any loss or damage to any of its property or damages as a result of business interruption. Notwithstanding the foregoing or anything contained in this Lease to the contrary, any release and any waiver of claims shall not be operative, nor shall the foregoing endorsements be required, in any case where the effect of such release and waiver is to invalidate insurance coverage or increase the cost thereof (provided that, in the case of increased cost, the other party shall have the right, within ten (10) days following written notice, to pay such increased cost keeping such release and waiver in full force and effect).
(b) Tenant shall carry insurance during the entire Term hereof insuring Tenant and Landlord and Landlord's agents and beneficiaries and mortgagees with terms, coverages, and in companies satisfactory to Landlord and mortgagees and with such commercially reasonable increases in limits as Landlord may from time to time request, request but initially Tenant shall maintain the following coverages in the following amounts:
(i) Comprehensive general liability insurance, including contractual liability insuring the indemnification provisions contained in this Lease, in an amount not less than $2,000,000.00 combined single limit per occurrence;
(ii) All risk" physical damage insurance, including sprinkler leakage, for the full replacement cost of all additions, property improvements, and property alterations to the Premises and of all office furniture, trade fixtures, office equipment, merchandise, and all other items of Tenant's property on the PremisesPremises above Tenant Improvements as defined in the Workletter; and The foregoing insurance may be provided by a company-wide blanket insurance policy or policies maintained by or on behalf of Tenant, provided that the same is reasonably satisfactory to Landlord.
(c) Tenant shall, prior to the commencement of the Term and thereafter during the Term, furnish to Landlord policies or certificates issued by the respective carriers evidencing such coverage or replacements and renewals thereof, which policies or certificates shall state that such insurance coverage may not be changed or cancelled canceled without at least thirty (30) days' prior written notice to Landlord and Tenant.
(d) Tenant shall comply with all applicable laws and ordinances, all orders and decrees of court and all requirements of other governmental authority and all requirements of Landlord's insurance companies, and shall not directly or indirectly make any use of the Premises which may thereby be prohibited or be dangerous to person or property or which, which may jeopardize any insurance coverage, or may increase the cost of insurance or require additional insurance coverage. In the event of such increase in the cost of insurance or such requirement for additional insurance coverage, Tenant shall reimburse Landlord for the cost thereof.
Appears in 2 contracts
Samples: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)
Subrogation and Insurance. (a) Landlord and Tenant agree to have all physical damage or material damage insurance which may be carried by either of them, and Tenant agrees to have all business interruption insurance which it carries, endorsed to provide that any release from liability of, or waiver of claim for, recovery from the other party entered into in writing by the insured thereunder prior to any loss or damage shall not affect the validity of said policy or the right of the insured to recover thereunder and providing further that the insurer waives all rights of subrogation which such insurer might have against the other party. Without limiting, limiting any release or waiver of liability or recovery contained in any other section of this Lease, but rather in confirmation and furtherance thereof, each of the parties hereto waives all claims for recovery from the other party for any loss or damage to any of its property covered by insurance with respect to such loss, cost, damage or expense or damages as a result of business interruptioninterruption to the extent of any amount recovered by reason of such insurance (or which could have been recovered had such insurance been carried as so required). Notwithstanding the foregoing or anything contained in this Lease to the contrary, any release and any waiver of claims shall not be operative, nor shall the foregoing endorsements be required, in any case where the effect of such release and waiver is to invalidate insurance coverage or increase the cost thereof (provided that, in the case of increased cost, the other party shall have the right, within ten (10) days following written notice, to pay such increased cost keeping such release and waiver in full force and effect).
(b) Tenant shall carry insurance during the entire Term hereof insuring Tenant and Landlord and Landlord's agents and beneficiaries and mortgagees with terms, coverages, and in companies reasonably satisfactory to Landlord and with such commercially reasonable increases in limits as Landlord may from time to time request, but hut initially Tenant shall maintain the following coverages in the following amounts:
(i) Comprehensive general liability insurance, including contractual liability insuring the indemnification provisions contained in this Lease, in an amount not less than $2,000,000.00 combined single limit per occurrence;
(ii) All risk" physical damage insurance, including sprinkler leakage, for the full replacement cost of all additions, property improvements, and property alterations to the Premises and of all office furniture, fixtures, office equipment, merchandise, and all other items of Tenant's property on the Premises; and The foregoing insurance may be provided by a company-wide blanket insurance policy or policies maintained by or on behalf of Tenant, provided that the same is reasonably satisfactory to Landlord.
(c) Tenant shall, prior to the commencement of the Term and thereafter during the Term, furnish to Landlord policies or certificates issued by the respective carriers evidencing such coverage or replacements and renewals thereof, which policies or certificates shall state that such insurance coverage may not be changed or cancelled without at least thirty (30) days' prior written notice to Landlord and Tenant.
(d) Tenant shall comply with all applicable laws and ordinances, all orders and decrees of court and all requirements of other governmental authority and all requirements of Landlord's insurance companies, and shall not directly or indirectly make any use of the Premises which may thereby be prohibited or be dangerous to person or property or which, may jeopardize any insurance coverage, or may increase the cost of insurance or require additional insurance coverage. In the event of such increase in the cost of insurance or such requirement for additional insurance coverage, Tenant shall reimburse Landlord for the cost thereof.
Appears in 1 contract
Subrogation and Insurance. (a) Landlord and Tenant agree to have all physical damage or material damage insurance which may be carried by either of them, and Tenant agrees to have all business interruption insurance which it carries, endorsed to provide that any release from liability of, or waiver of claim for, recovery from the other party entered into in writing by the insured thereunder prior to any loss or damage shall not affect the validity of said policy or the right of the insured to recover thereunder and providing further that the insurer waives all rights of subrogation which such insurer might have against the other party. Without limiting, limiting any release or waiver of liability or recovery contained in any other section of this Leaselease, but rather in confirmation and furtherance thereof, each of the parties hereto waives all claims for recovery from the other party for any loss or damage to any of its property or damages as a result of business interruption. Notwithstanding the foregoing or anything contained in this Lease lease to the contrary, any release and any waiver of claims shall not be operative, nor shall the foregoing endorsements be required, in any case where the effect of such release and waiver is to invalidate insurance coverage or increase the cost thereof (provided that, in the case of increased cost, the other party shall have the right, within ten (10) days following written notice, to pay such increased cost keeping such release and waiver in full force and effect).
(b) Tenant shall carry insurance during the entire Term hereof insuring Tenant and Landlord and Landlord's ’s agents and beneficiaries and mortgagees with terms, coverages, coverages and in companies satisfactory to Landlord and with such commercially reasonable increases in limits as Landlord may from time to time request, but initially Tenant shall maintain the following coverages in the following amounts:
(i1) Comprehensive general liability insurance, including contractual liability insuring the indemnification provisions contained in this Leaselease, in an amount not less than $2,000,000.00 3,000,000.00 combined single limit per occurrence;
(ii2) “All risk" ” physical damage insurance, including sprinkler leakage, for the full replacement cost of all additions, property improvements, improvements and property alterations to the Premises and of all office furniture, trade fixtures, office equipment, merchandise, merchandise and all other items of Tenant's ’s property on the Premises; and and
(3) Business interruption or extra expense insurance in such amounts as Landlord may request. The foregoing insurance may be provided by a company-wide blanket insurance policy or policies maintained by or on behalf of Tenant, provided that the same is reasonably satisfactory to Landlord.
(c) Tenant shall, prior to the commencement of the Term and thereafter during the Term, furnish to Landlord policies or certificates issued by the respective carriers evidencing such coverage or replacements and renewals thereof, which policies or certificates shall state that such insurance coverage may not be changed or cancelled without at least thirty ten (3010) days' ’ prior written notice to Landlord and Tenant. Each insurance policy carried by Tenant shall contain, where appropriate, a clause stating that such policy will be considered as primary insurance for Landlord and its agents and beneficiaries and not call into contribution any other insurance that may be available to Landlord.
(d) Tenant shall comply with all applicable laws and ordinances, all orders and decrees of court and all requirements of other governmental authority and all requirements of Landlord's insurance companiesauthority, and shall not directly or indirectly make any use of the Premises which may thereby be prohibited or be dangerous to person or property or which, which may jeopardize any insurance coverage, or may increase the cost of insurance or require additional insurance coverage. In the event of such increase in the cost of insurance or such requirement for additional insurance coverage, Tenant shall reimburse Landlord for the cost thereof.
Appears in 1 contract
Subrogation and Insurance. (a) Anything in this Lease to the contrary notwithstanding, Landlord and Tenant agree to have each waives all physical damage or material damage insurance which may be carried by either rights of themrecovery, and Tenant agrees to have all business interruption insurance which it carriesclaim, endorsed to provide that any release from liability ofaction, or waiver cause of claim foraction against the other, recovery from the other party entered into in writing by the insured thereunder prior to its agents (including partners, both general and limited), trustees, officers, directors and employees, for (i) any loss or damage shall not affect that may occur to the validity of said policy Premises or the right Real Property or any personal property of such party therein, by reason or any peril required to be insured against under this Lease (and whether or not actually insured) by the waiving party, or (ii) business interruption and losses (and any other consequential losses) occasioned thereby sustained by such party as a result of the insured damage to recover thereunder and providing further that the insurer waives all rights Premises or Real Property, regardless of subrogation which such insurer might have against cause or origin, including negligence of the other party. Without limitingTenant and Landlord covenant that, to the fullest extent permitted by all Requirements, no insurer shall hold any release or right of subrogation against the other. Landlord and Tenant shall advise their respective insurers of the foregoing and such waiver of liability or recovery contained in shall be permitted under any other section policies maintained by Landlord and Tenant pursuant to the terms of this Lease, but rather in confirmation and furtherance thereof, each of the parties hereto waives all claims for recovery from the other party for any loss or damage to any of its property or damages as a result of business interruption. .
(b) Notwithstanding the foregoing or anything contained in this Lease to the contrary, any release so long as the Tenant is Amoco Corporation or one of its Affiliates, Tenant may, subject to the terms of this Section 21(b), fulfill its insurance obligations under this Lease through its alternative risk management programs, including self-insurance and any waiver Landlord hereby consents thereto. If Tenant elects to self-insure, upon Landlord’s written request, Tenant shall provide Landlord with a letter of claims self-insurance. Tenant shall not be operativeallowed to self-insure under this Lease for any portion of the Term during which Tenant’s Net Worth (including, nor shall the foregoing endorsements be required, in any case where the effect of such release and waiver is to invalidate insurance coverage or increase the cost thereof (provided that, in the case of increased costwithout limitation, the other party shall have aggregate Net Worth of those Affiliated with Tenant) is less than Two Hundred Million and No/l00ths Dollars ($200,000,000.00). In the rightevent, within ten (10) days following written noticehowever, Tenant’s Consolidated Shareholder’s Equity is less than or equal to pay $200,000,000, then until Landlord receives satisfactory evidence that such increased cost keeping such release and waiver in full force and effect).
(b) condition no longer exists Tenant shall carry insurance during the entire Term hereof insuring Tenant and Landlord and Landlord's agents and beneficiaries and mortgagees with terms, coverages, and in companies satisfactory to Landlord and with such commercially reasonable increases in limits as Landlord may from time to time request, but initially Tenant shall maintain the following coverages in the following amounts:
(i) Comprehensive “all risk” property damage insurance on a replacement cost basis covering the Tenant’s Property and (ii) commercial general liability insurance, insurance (including contractual liability insuring the indemnification provisions contained in this Lease), in an amount not less than $2,000,000.00 combined single limit per occurrence;
(ii) All risk" physical damage insurance10,000,000.00, including sprinkler leakagein any combination of primary and excess liability coverage as Tenant may select, for the full replacement cost subject to a deductible that shall not exceed $100,000.00 insuring Tenant, Landlord, Manager, Landlord’s agents and beneficiaries and any partners, directly or indirectly of such party, all additionssuch policies to be with terms, property improvementscoverages, and property alterations issued by companies that are commercially reasonable in Tenant’s industry. As a condition of allowing Tenant to the Premises self- insure and/or utilize a deductible and/or self-insured retention. Tenant agrees to provide a legal defense for Landlord and of all office furniture, fixtures, office equipment, merchandise, and all other items of Tenant's property on the Premises; and The foregoing insurance may be provided by a company-wide blanket insurance policy or policies maintained by or on behalf of Tenant, provided that its agents in the same is reasonably satisfactory to Landlordmanner as if insurance had been provided and Landlord and its agents were named as additional insureds.
(c) To the extent Tenant is not self-insured as provided in Subsection 21(b) above, Tenant shall, prior to the commencement of the Term and thereafter during the Term, furnish to Landlord policies or certificates issued by the respective carriers evidencing such coverage or replacements and renewals thereof, which policies or certificates shall state that such insurance coverage may not be changed or cancelled canceled without at least thirty (30) days' ’ prior written notice to Landlord and Tenant.
(d) Tenant Landlord shall at all times during the Term comply with and cause the Real Property to comply with all applicable laws and ordinancesRequirements (including, all orders and decrees of court and all requirements of other governmental authority and all requirements of Landlord's insurance companieswithout limitation, and the Americans with Disabilities Act); provided, however, that Tenant shall not require Landlord to remedy any non-compliance with Requirements enacted on or prior to the Commencement Date. Landlord shall indemnify Tenant against any loss, cost, claim, damage or expense suffered or incurred by Tenant to the extent arising out of any non-compliance by Landlord of this obligation (including reasonable attorneys fees).
(e) At all times during the Term Landlord shall carry (i) “all risk” property damage insurance on a one hundred percent (100%) replacement cost basis covering the Building, excluding Tenant’s Property and (ii) commercial general liability insurance (including contractual liability insuring the indemnification provisions contained in this Lease) naming Tenant as an additional insured, in an amount not less than the greater of (X) $50,000,000.00 or (Y) such other amount that is commercially reasonably available to owners of comparable first-class office buildings, in any combination of primary and excess liability coverage as Landlord may select, provided that the insurance required under clauses (i) and (ii) above may be subject to a deductible that shall not exceed $100,000.00 or such greater deductible as permitted by the Mortgagee and (iii) rent loss insurance (including a reasonable deductible) insuring Landlord and any partners, directly or indirectly make any use of such party, all such policies to be with terms, coverages, and issued by companies that are commercially reasonable for owners of first-class office buildings in downtown Chicago. Landlord shall, prior to the commencement of the Premises Term and thereafter during the Term, furnish to Tenant certificates issued by the respective carriers evidencing such coverage or replacements and renewals thereof, which policies or certificates shall state that such insurance coverage may thereby not be prohibited or be dangerous canceled without at least thirty (30) days’ prior written notice to person or property or which, may jeopardize any insurance coverage, or may increase the cost of insurance or require additional insurance coverage. In the event of such increase in the cost of insurance or such requirement for additional insurance coverage, Tenant shall reimburse Landlord for the cost thereofand Tenant.
Appears in 1 contract
Samples: Office Lease (Wells Real Estate Investment Trust Inc)
Subrogation and Insurance. (a) a. Landlord and Tenant Subtenant agree to have all physical damage or material damage insurance which may be carried by either of them, and Tenant Subtenant agrees to have all business interruption insurance which it carries, if any, endorsed to provide that any release from liability of, or waiver of claim for, recovery from the other party entered into in writing by the insured thereunder prior to any loss or damage shall not affect the validity of said policy or the right of the insured to recover thereunder and providing further that the insurer waives all rights of subrogation which such insurer might have against the other party. Without limiting, limiting any release or waiver of liability or recovery contained in any other section of this LeaseAgreement, but rather in confirmation and furtherance thereof, each of the parties hereto waives all claims for recovery from the other party for any loss or damage to any of its property or damages as a result of business interruption. Notwithstanding the foregoing or anything contained in this Lease Agreement to the contrary, any release and any waiver of claims shall not be operative, nor shall the foregoing endorsements be required, in any case where the effect of such release and waiver is to invalidate insurance coverage or increase the cost thereof (provided that, in the case of increased cost, the other party shall have the right, within ten (10) days following written notice, to pay such increased cost keeping such release and waiver in full force and effect).
(b) Tenant b. Subtenant shall carry insurance during the entire Term hereof term of the Sublease insuring Tenant Subtenant and Landlord and Landlord's agents and beneficiaries and mortgagees with terms, coverages, and in companies reasonably satisfactory to Landlord and with such commercially reasonable increases in limits as Landlord may reasonably from time to time request, but initially Tenant Subtenant shall maintain the following coverages in required of Tenant under the following amounts:
(i) Comprehensive general liability insurance, including contractual liability insuring the indemnification provisions contained in this Lease, in an amount not less than $2,000,000.00 combined single limit per occurrence;
(ii) All risk" physical damage insurance, including sprinkler leakage, for the full replacement cost of all additions, property improvements, and property alterations to the Premises and of all office furniture, fixtures, office equipment, merchandise, and all other items of Tenant's property on the Premises; and . The foregoing insurance may be provided by a company-wide blanket insurance policy or policies maintained by or on behalf of TenantSubtenant, provided that the same is reasonably satisfactory to Landlord.
(c) Tenant c. Subtenant shall, prior to the commencement of the Term term of the Sublease and thereafter during the Termsaid term, furnish to Landlord policies or certificates issued by the respective carriers evidencing such coverage or replacements and renewals thereof, which policies or certificates shall state that the insurance agents shall endeavor not to change or cancel such insurance coverage may not be changed or cancelled policies without at least thirty ten (3010) days' prior written notice to Landlord and TenantSubtenant. Each insurance policy carried by Subtenant shall contain, where appropriate, a clause stating that such policy will be considered as primary insurance for Landlord and its agents and beneficiaries and not call into contribution any other insurance that may be available to Landlord.
(d) Tenant shall comply with all applicable laws and ordinances, all orders and decrees of court and all requirements of other governmental authority and all requirements of Landlord's insurance companies, and shall not directly or indirectly make any use of the Premises which may thereby be prohibited or be dangerous to person or property or which, may jeopardize any insurance coverage, or may increase the cost of insurance or require additional insurance coverage. In the event of such increase in the cost of insurance or such requirement for additional insurance coverage, Tenant shall reimburse Landlord for the cost thereof.
Appears in 1 contract
Subrogation and Insurance. (a) Landlord and Tenant agree to have all physical damage or material damage insurance which may be carried by either of them, and Tenant agrees to have all business interruption insurance which it carries, endorsed to provide that any release from liability of, or waiver of claim for, recovery from the other party entered into in writing by the insured thereunder prior to any loss or damage shall not affect the validity of said policy or the right of the insured to recover thereunder and providing further that the insurer waives all rights of subrogation which such insurer might have against the other party. Without limiting, limiting any release or waiver of liability or recovery contained in any other section of this Lease, but rather in confirmation and furtherance thereof, each of the parties hereto waives all claims for recovery from the other party for any loss or damage to any of its property or damages as a result of business interruption. Notwithstanding the foregoing or anything contained in this Lease to the contrary, any release and any waiver of claims shall not be operative, nor shall the foregoing endorsements be required, in any case where the effect of such release and waiver is to invalidate insurance coverage or increase the cost thereof (provided that, in the case of increased cost, the other party shall have the right, within ten (10) days following written notice, to pay such increased cost keeping such release and waiver in full force and effect).
(b) Tenant shall carry insurance during the entire Term hereof insuring Tenant and Landlord and Landlord's agents and beneficiaries and mortgagees with terms, coverages, and in companies satisfactory to Landlord and with such commercially reasonable increases in limits as Landlord may from time to time request, but initially Tenant shall maintain the following coverages in the following amounts:
(i) Comprehensive general liability insurance, including contractual liability insuring the indemnification provisions contained in this Lease, in an amount not less than $2,000,000.00 combined single limit per occurrence;
(ii) All risk" physical damage insurance, including sprinkler leakage, for the full replacement cost of all additions, property improvements, and property alterations to the Premises and of all office furniture, trade fixtures, office equipment, merchandise, and all other items of Tenant's property on the Premises; and The foregoing insurance may be provided by a company-wide blanket insurance policy or policies maintained by or on behalf of Tenant, provided that the same is reasonably satisfactory to Landlord.
(c) Tenant shall, prior to the commencement of the Term and thereafter during the Term, furnish to Landlord policies or certificates issued issued, by the respective carriers evidencing such coverage or replacements and renewals thereof, which policies or certificates shall state that such insurance coverage may not be changed or cancelled without at least thirty (30) days' prior written notice to Landlord and Tenant.
(d) Tenant shall comply with all applicable laws and ordinances, all orders and decrees of court and all requirements of other governmental authority and all requirements of Landlord's insurance companies, and shall not directly or indirectly make any use of the Premises which may thereby be prohibited or be dangerous to person or property or which, which may jeopardize any insurance coverage, or may increase the cost of insurance or require additional insurance coverage. In the event of such increase in the cost of insurance or such requirement for additional insurance coverage, Tenant shall reimburse Landlord for the cost thereof.
Appears in 1 contract