Subtenant’s Insurance. Subtenant agrees to purchase, in advance, and to carry in full force and effect from the date Subtenant accesses the Premises through the Term of this Sublease, at its sole expense, the following insurance:
A. Property insurance against loss by fire and other hazards covered by the so-called “all-risk” or “special form” policy on a full replacement cost basis covering the Premises.
B. Commercial general liability insurance covering all acts of Subtenant, its employees, agents, representatives, and guests on or about the Premises, in a combined single limit amount of not less than Two Million and No/100 Dollars (U.S. $2,000,000.00), which policy shall include, but not be limited to, coverage for bodily injury, property damage, personal liability, and contractual liability applying to this Sublease.
C. Such property insurance on Subtenant’s own Fixtures, inventory and other personal property of Subtenant as Subtenant determines to be appropriate.
D. In the event Subtenant serves alcohol on the Premises, so-called “dramshop” insurance in an amount consistent with industry standards.
X. Xxxxx insurance on the Building if the Premises is federally designated as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance required by this Section 16.1. All of Subtenant’s insurance required to be furnished pursuant to Section 16.1 (A), (B), (D), and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent of Subtenant’s indemnification obligations set forth in Section 16.1. The insurance Subtenant is required to maintain pursuant to Section 16.1 (A) and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent their interests appear. Subtenant’s coverages will be primary and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for thirty (30) days written notice to Sublandlord prior to cancellation or non-renewal. Certificates of all such insurance shall be delivered to Sublandlord prior to the earlier of (i) the date Subtenant desires to access the Premises under Section 6.2 or (ii) within thirty (30) days of the Rent Commencement Date and upon written request by Sublandlord. If Subtenant fails to comply with the requests of this Section 16.1, Sublandlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Su...
Subtenant’s Insurance. Subtenant shall procure and maintain, at its own cost and expense, such liability insurance as is required to be carried by Sublandlord under the Prime Lease, naming Sublandlord, as well as Prime Landlord, in the manner required therein, and such property insurance as is required to be carried by Sublandlord under the Prime Lease to the extent such property insurance pertains to the Premises. If the Prime Lease requires Sublandlord to insure leasehold improvements or alterations, then Subtenant shall insure such leasehold improvements that are located in the Premises, as well as alterations in the Premises made by Subtenant. Subtenant shall furnish to Sublandlord a certificate of Subtenant’s insurance required hereunder not later than ten (10) days prior to Subtenant’s taking possession of the Premises. Each party hereby waives claims against the other for property damage provided such waiver shall not invalidate the waiving party’s property insurance; each party shall attempt to obtain from its insurance carrier a waiver of its right of subrogation. Subtenant hereby waives only those claims against Prime Landlord and Sublandlord for business interruption or property damage to the Premises or its contents, but solely to the extent that Sublandlord is required to waive such claims against Prime Landlord under Paragraph 8 of the Prime Lease. Sublandlord hereby waives such claims against Subtenant for loss of rents or damage to property sustained by Sublandlord to the same degree that such claims are waived by Prime Landlord under Paragraph 8 of the Prime Lease. Subject to the terms herein, Subtenant agrees to use reasonable efforts in good faith to obtain, for the benefit of Prime Landlord and Sublandlord, such waivers of subrogation rights from its insurer as are required of Sublandlord under the Prime Lease. Sublandlord agrees to use reasonable efforts in good faith to obtain from Prime Landlord a waiver of claims for insurable property damage losses and an agreement from Prime Landlord to obtain a waiver of subrogation rights in Prime Landlord’s property insurance, if and to the extent that Prime Landlord waives such claims against Sublandlord under the Prime Lease or is required under the Prime Lease to obtain such waiver of subrogation rights.
Subtenant’s Insurance. With respect to the Tenant's insurance under the Master Lease, the same levels are to be provided by Subtenant as described in the Master Lease, and such policies of insurance shall include as named insureds Master Landlord, Sublandlord and any lender as required by Master Landlord or Sublandlord.
Subtenant’s Insurance. (a) Subtenant shall, at its own expense, obtain and keep in force at all times during Sublease Term the insurance required to be maintained by the tenant under Section 61.13. of the Master Lease in relation to the Sublease Premises and Subtenant’s activities in or around the Sublease Premises and the Building.
(b) Sublandlord shall be named as additional insured on all policies required to be carried by Subtenant under this capitalized section.
(c) Upon the approval of this Sublease by Master Landlord (and thereafter upon request of Sublandlord), Subtenant shall deliver to Sublandlord certificates of insurance evidencing the insurance required to be maintained hereunder.
(d) If Subtenant fails to procure and maintain the insurance required under this Section 8.02, Sublandlord shall have the option, but not the obligation, to procure and maintain such insurance at Subtenant’s expense. Subtenant shall reimburse Sublandlord within ten (10) days following demand for the costs of said insurance and any such amount shall be Additional Rent and may be collected and enforced in same manner as rent. Subtenant acknowledges that Sublandlord will not carry insurance on Subtenant’s furnishings, fixtures or equipment, and Subtenant agrees that Sublandlord will not be obligated to repair any damage thereto or replace the same whether or not such damage is caused by the acts or omissions of Sublandlord or otherwise.
Subtenant’s Insurance. Subtenant shall maintain in full force and effect at all times during the term of this Sublease, at Subtenant's sole cost and expense, for the protection of Subtenant and Sublandlord, as their interests may appear, policies of insurance issued by a carrier or carriers reasonably acceptable to Sublandlord and its lender which afford the following coverages: (i) worker's compensation and employer's liability, as required by law; (ii) commercial general liability insurance (occurrence form) providing coverage against any and all claims for host liquor liability, bodily injury and property damage (including but not limited to personal property, whether leased or owned, Trade Fixtures, Subtenant Owned Alterations and Utility Installations) occurring in, on or about the Premises arising out of Subtenant's and Subtenant's employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assigns' use or occupancy of the Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations and products liability. Such insurance shall have a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence with a Two Million Dollar ($2,000,000) aggregate limit and excess/umbrella insurance in the amount of Eight Million Dollars ($8,000,000). If Subtenant has other locations which it owns or leases, the policy shall include an aggregate limit per location endorsement; (iii) comprehensive automobile liability insurance with a combined single limit of at least $1,000,000 per occurrence for claims arising out of any company-owned automobiles or other automobile used in the conduct of company business; (iv) "all risk" or "special form or equivalent" property insurance, including without limitation, sprinkler leakage, covering damage to or loss of any of Subtenant's Property located in, on or about the Premises, and in addition, coverage for business interruption of Subtenant, together with, if the property of any of Subtenant's invitees, vendors or customers is to be kept in the Premises, warehouser's legal liability or bailee customers insurance for the full replacement cost of the property belonging to such parties and located in the Premises. Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (100%) of the full replac...
Subtenant’s Insurance. Subtenant shall maintain insurance as follows, with such other terms, coverages and insurers, as Landlord or Sublandlord shall reasonably require from time to time:
(1) Commercial general liability insurance, with (a) contractual liability including the indemnification provisions contained in this Sublease, (b) a severability of interest endorsement, (c) limits of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence and not less than Two Million Dollars ($2,000,000) in the aggregate for bodily injury, sickness or death, and property damage, and umbrella coverage of not less than Five Million Dollars ($5,000,000).
(2) Property Insurance against "All Risks" of physical loss covering the replacement cost of the Tenant Improvements and all other improvements and fixtures installed by Subtenant and personal property. Subtenant waives all rights of subrogation, and Subtenant's property insurance shall include a waiver of subrogation in favor of Landlord and Sublandlord.
(3) Workers' compensation or similar insurance in form and amounts required by law, and Employer's Liability with not less than the following limits: Each Accident $1,000,000 Disease--Policy Limit $1,000,000 Disease--Each Employee $1,000,000 Such insurance shall contain a waiver of subrogation provision in favor of Landlord and Sublandlord and their agents. Subtenant's insurance shall be primary and not contributory to that carried by Sublandlord, or Landlord, its agents, or mortgagee, if any. Sublandlord its building manager or agent, Landlord, Landlord's building manager or agent, mortgagee and ground lessor shall be named as additional insureds as respects to insurance required of the Subtenant in Sections 9C(1) and 9C(2) (under Section 9C(2) with respect only to Tenant Improvements). The company or companies writing any insurance which Subtenant is required to maintain under this Sublease, as well as the form of such insurance, shall at all times be subject to Landlord's written approval. Such insurance companies shall have a A.M. Best rating of A VI or better.
(4) Subtenant shall cause any general contractor of Subtenant performing Work on the Premises to maintain insurance as follows, with such other terms, coverages and insurers, as Landlord shall reasonably require from time to time:
a. Commercial General Liability Insurance, including contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage e...
Subtenant’s Insurance. Subject to the other terms hereof, throughout the Term, Subtenant shall maintain, at its sole cost and expense: (i) commercial liability insurance covering Subtenant’s activities and operations at the Project, with a combined single limit for bodily or personal injury, including (without limitation) death, of not less than Three Million and No/100 Dollars ($3,000,000.00) per occurrence and an aggregate limit for such insurance of not less than Five Million and No/100 Dollars ($5,000,000.00); (ii) property insurance covering Subtenant’s furnishing, trade fixtures, equipment and other personal property at the Project, in an amount equal to at least one hundred percent (100%) of the replacement cost thereof, written on a “Causes of Loss, Special Form” basis or its equivalent (the “Subtenant Property Insurance”); (iii) business interruption insurance covering Subtenant’s business for at least twelve (12) months of operations; (iv) builder’s risk insurance in form and content satisfactory to Sublandlord during periods when any Alterations are being undertaken by or on behalf of Subtenant at the Project; (v) Workers Compensation insurance in compliance with Applicable Laws and with liability limits that satisfy all statutory requirements; and (vi) Employer’s Liability insurance with coverage of at least $1,000,000 per accident, $1,000,000 per person for disease and $2,000,000 policy limit for disease. Subtenant may satisfy the liability insurance requirements under this section, at Subtenant’s option, with the combination of a base liability insurance policy and an umbrella liability insurance policy. The insurance policies that Subtenant is required to obtain under this Sublease shall be issued by a reputable insurance company licensed to do business in the State of Missouri that have an A.M. Best Insurance Reports rating of at least A- (or its equivalent). Subtenant’s liability insurance shall name Sublandlord, Landlord, the County, and, upon Landlord’s written request, any Fee Mortgagee and Landlord’s property manager, if any, as additional insureds, and Subtenant’s builder’s risk insurance shall name Sublandlord as loss payee. All insurance required under this section shall be consistently maintained without gaps in coverage. If Subtenant fails to maintain any of the insurance required under this Sublease, then Sublandlord or Landlord may (but shall have no obligation to) purchase such insurance, on behalf of Subtenant, in which event Subtenant shall reimbur...
Subtenant’s Insurance. Notwithstanding anything in the Master Lease or this Sublease to the contrary, Subtenant shall cause Subtenant's insurance, as required to be carried pursuant to the terms of the Master Lease, to name Landlord and Sublandlord as additional insureds.
Subtenant’s Insurance. At all times during the term, Subtenant will carry and maintain, at Subtenant’s sole cost and expense, any insurance required to be maintained by Sublandlord with respect to the Subleased Premises under the Master Lease.
Subtenant’s Insurance. During the Term, Subtenant shall maintain comprehensive general liability insurance, physical damage insurance, comprehensive automobile insurance, builders all risk insurance, and all other insurance Landlord and Sublandlord may reasonably require, all in accordance with the terms, conditions and provisions of the Master Lease. Said initial requirements are set forth in Exhibit F. Subtenant shall name Sublandlord (and such other entities as are required by Landlord) as an additional insured on each such insurance policy and shall provide Sublandlord with certificates of insurance certifying said coverage prior to taking possession of the Subleased Premises.
