Common use of Taxes and Insurance Clause in Contracts

Taxes and Insurance. The LESSEE shall pay when due all assessments and taxes (including the leasehold excise tax) that are due at the time of signing or may be charged in the future to the land or the improvements thereon. LESSEE shall keep all buildings and improvements now or hereafter located on the premises and any personal property thereon which may be included within the terms of this Lease insured against loss or damage resulting from fire, windstorm, and other hazards, including extended coverage, vandalism and malicious mischief endorsements, and against such other hazards and in such amounts as may be required from time to time by LESSOR but in any case for not less than the full replacement cost thereon, and shall keep all such policies of insurance of whatever nature constantly assigned, pledged and delivered to LESSOR with the premiums thereon fully paid. LESSEE shall maintain comprehensive public liability and property damage liability insurance protecting LESSEE against claims (including all costs and expenses of defending the same), for personal injury, sickness, disease or death or from damage or injury to or destruction of property (including loss of use thereof) occurring in, or about the premises providing for $1,000,000.00 in liability coverage per occurrence LESSEE shall provide proof of coverage to LESSOR, with the LESSOR named as additional insured, and shall provide annual proof of renewal of said coverage. Initial proof of insurance shall be provided within thirty (30) calendar days of the commencement date of this lease. All policies of insurance to be furnished hereunder shall be in forms, companies and amounts satisfactory to LESSOR including a provision requiring that the coverage evidenced thereby shall not be canceled, reduced or materially modified within the (10) days prior written notice to LESSOR. XXXXXX shall deliver the originals of all policies, including additional and renewal policies, to LESSOR, and, in the case of insurance about to expire, shall deliver renewal policies not less than ten (10) days prior to their respective dates of expiration. LESSEE shall provide and keep in force other insurance in amounts that may from time to time be required by XXXXXX against other insurable hazards as are commonly insured against for the type of business activity that LESSEE will conduct.

Taxes and Insurance. The LESSEE shall obtain, maintain in effect and pay for insurance, including general liability insurance covering the Leased Premises, with policy limits of at least $2,000,000 per occurrence and shall pay personal property, excise, sales and other taxes related to its furniture, fixtures, equipment and other personal property and related to the Leased Space. At its option, LESSOR may review LESSEE's insurance policies providing coverage for the above items and LESSEE's payments on such tax statements. At the LESSOR's option, if the LESSEE has not made timely payments, the LESSOR may pay insurance statements of LESSEE relating to this Lease and the Leased Space and bill LESSEE therefor. LESSEE shall pay when due such statemxxxx within 30 days of the sending thereof. LESSOR shall pay for all real estate taxes and all impositions and assessments for public improvements including but not limited to sewer use taxes and taxes (including sewage disposal for the leasehold excise tax) that Complex. LESSOR shall also maintain and pay for adequate policies insuring the building in which the Leased Premises are due at the time of signing or may be charged in the future to the land or the improvements thereon. LESSEE shall keep located for hazard and all buildings and improvements now or hereafter located on the premises and any personal property thereon which may be included within the terms of this Lease insured against loss or damage resulting from risk type coverage, with fire, windstorm, extended and other hazards, including extended all risk coverage, vandalism and malicious mischief endorsements, and against such other hazards and in such amounts as may be required from time to time by LESSOR but in any case for not less than the full replacement cost thereonexcluding LESSEE's improvements, and shall keep all such policies also maintain and pay for a policy of insurance of whatever nature constantly assigned, pledged and delivered to LESSOR with the premiums thereon fully paid. LESSEE shall maintain comprehensive public liability and property damage liability insurance protecting LESSEE against claims (including all costs and expenses of defending covering the same), for personal injury, sickness, disease or death or from damage or injury to or destruction of property (including loss of use thereof) occurring in, or about the premises providing for $1,000,000.00 in liability coverage per occurrence LESSEE shall provide proof of coverage to LESSOR, Complex with the LESSOR named LESSEE's name endorsed thereon as an additional insured, and . The policy limits shall provide annual proof be for at least $2,000,000 per occurrence. A copy of renewal the policy of said coverage. Initial proof of such insurance shall be provided within thirty (30) calendar days delivered to LESSEE prior to commencement of the commencement date Lease. (i) If approved by each respective insurer, each policy of this lease. All policies public liability insurance, hazard insurance or other insurance insuring risks arising out of insurance to be furnished hereunder any occurrence at the Complex, carried by LESSEE or LESSOR, shall be in forms, companies and amounts satisfactory to LESSOR including a provision requiring provide that the coverage evidenced thereby shall not be canceled, reduced or materially modified within insurer waives any rights of subrogation against the LESSOR (10) days prior written notice to LESSOR. XXXXXX shall deliver the originals of all policies, including additional and renewal policies, to LESSOR, and, in the case of LESSEE's policies) and, against the LESSEE (in the case of LESSOR's policies) in connection with or arising out of any claim or benefit provided under such insurance about to expirepolicy. (ii) In no event shall LESSEE or any person or entity claiming an interest in the Leased Premises by, shall deliver renewal policies not less than ten (10) days prior to their respective dates of expiration. through or under LESSEE and over whom LESSEE shall provide have control, claim, maintain or prosecute any action or suit at law or in equity against the LESSOR for any loss, cost or damage caused by or resulting from fire or other risk or casualty in the Complex for which LESSEE is or may be insured under a standard hazard and keep all risk insurance policy, including fire, extended and/or all risk type coverage, whether or not the property (tangible or intangible) is insured or required to be insured under this Lease, and whether or not caused by the negligence of the LESSOR, or the agents, or servants, or employees of the LESSOR. (iii) In no event shall LESSOR or any person or entity claiming an interest in force the Complex by, through or under LESSOR and over whom LESSOR shall have control, claim, maintain or prosecute any action or suit at law or in equity against the LESSEE for any property damage to the Complex caused by or resulting from fire or other risk or casualty in the Complex for which LESSOR is required to be insured under the provisions of the Lease, whether or not caused by the negligence of the LESSEE or the agents, servants and/or employees of the LESSEE. (iv) The limitation on claims by LESSOR or LESSEE or any party claiming by or through LESSOR or LESSEE contained in subparagraphs (ii) and (iii) above shall not apply with respect to claims arising out of the gross negligence or wilful misconduct of the other party, unless the damage had been insured by the party seeking to make the claim and such insurance in amounts that may from time to time be required by XXXXXX against policy permits the waiver of claim despite the gross negligence or wilful misconduct of the other insurable hazards as are commonly insured against for the type of business activity that LESSEE will conductparty.

Taxes and Insurance. The LESSEE Landlord shall pay when due all taxes, assessments and taxes (including charges levied upon or with respect to the leasehold excise tax) that are due at the time of signing Building or may be charged Landlord’s interest in the future Building. Tenant covenants and agrees to pay promptly, when due, all personal property taxes or other taxes and assessments levied and assessed by any governmental authority upon the land removable property of Tenant in, upon or about the improvements thereonLeased Premises. LESSEE Tenant shall at its expense keep and maintain in full force and effect during the entire term of this Lease: (a) commercial general liability insurance in the amount of not less than $2,000,000 for any one occurrence to insure and indemnify Landlord and Tenant against any and all buildings claims for property damage and improvements now or hereafter located on bodily injury, incurred in and about the premises Leased Premises and any personal Common Areas utilized by Tenant; (b) special perils property thereon which may be included within the terms of this Lease insured against loss or damage resulting from fire, windstorm, and other hazardsinsurance written at full replacement cost value, including extended coveragecoverage against sprinkler damage if the Leased Premises are sprinkled, vandalism and malicious mischief endorsementsmischief, covering all personal property at the Leased Premises (including, without limitation, inventory, trade fixtures, supplies, parts, equipment, furniture, furnishings and property removable by Tenant under the provisions of this Lease), and against such other hazards all leasehold improvements installed in the Leased Premises by Tenant pursuant to this Lease; (c) Owned, Hired and in such amounts as may be required from time to time by LESSOR but in any case for Non- owned Automobile Liability of not less than $1,000,000.00 Combined Single Limit; and (d) workers compensation insurance as required by state law and employer liability insurance with limits of not less than $1,000,000.00. Notwithstanding anything herein to the full replacement cost thereoncontrary, in the event that the general liability insurance Tenant obtains pursuant to subpart (a) above is a claims made basis coverage, then Tenant shall maintain such insurance for at least two (2) years after expiration or earlier termination of this Lease. This Section L shall survive termination or earlier expiration of this Lease. The policies shall name Landlord and any person, firms or corporations designated by Landlord as additional insureds, and shall keep all contain a clause that the insurer will not cancel or change the insurance without first giving Landlord thirty (30) days’ prior written notice. The policies shall be written to provide that such policies of coverage shall be primary and that any insurance of whatever nature constantly assigned, pledged and delivered to LESSOR with the premiums thereon fully paidmaintained by Landlord shall be excess insurance only. LESSEE shall maintain comprehensive public liability and property damage liability All such insurance protecting LESSEE against claims (including all costs and expenses of defending the same), for personal injury, sickness, disease or death or from damage or injury to or destruction of property (including loss of use thereof) occurring in, or about the premises providing for $1,000,000.00 in liability coverage per occurrence LESSEE shall provide proof for severability of interests; shall provide that an act or omission of one of the named insured shall not reduce or avoid coverage to LESSOR, with the LESSOR other named as additional insured, ; and shall provide annual proof afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of renewal which occurred or arose) in whole or in part during the policy period. Any deductible amounts under any insurance policies required hereunder shall be subject to Landlord’s prior written approval. Such insurance shall be with an insurance company approved by Landlord and with general policy holder’s rating of said coverage. Initial proof not less than A-, as rated in the most current Best’s Insurance Reports and a copy of the policy or a certificate of insurance shall be provided within thirty (30) calendar days delivered to Landlord prior to the commencement of the commencement date term of this leaseLease. All policies of insurance to be furnished hereunder Landlord shall be at its expense keep and maintain in forms, companies full force and amounts satisfactory to LESSOR including a provision requiring that effect during the coverage evidenced thereby shall not be canceled, reduced or materially modified within the (10) days prior written notice to LESSOR. XXXXXX shall deliver the originals of all policies, including additional Term fire legal liability and renewal policies, to LESSOR, and, in the case of insurance about to expire, shall deliver renewal policies not less than ten (10) days prior to their respective dates of expiration. LESSEE shall provide property and keep in force other insurance in amounts that may from time to time be required by XXXXXX against other insurable hazards as are commonly insured against for the type of business activity that LESSEE will conductcasualty insurance.

Taxes and Insurance. (a) TENANT further covenants and agrees that, except as hereinbefore otherwise provided, TENANT will pay all real estate taxes and assessments, including special assessments, levied or assessed against said leased premises and due and payable during the term hereof. The LESSEE first year and the last year shall pay when due all assessments and taxes (including the leasehold excise tax) that are due at the time of signing or may be charged in the future prorated according to the land or Lease term. (b) during the improvements thereon. LESSEE shall term hereof TENANT will at TENANT'S expense keep the leased premises insured against the LANDLORD'S and TENANT'S loss from fire and perils covered by extended coverage and all buildings perils endorsement, including vandalism, malicious mischief and improvements now or hereafter located on war damage coverage in an amount equal to the premises full current replacement cost of the real and any personal property thereon which may on leased premises. The amount of coverage shall be included within updated to the terms then current values on an annual basis. (c) at all times during the term of this Lease insured against loss or damage resulting from firelease TENANT shall, windstormat its own cost and expense, and other hazards, including extended coverage, vandalism and malicious mischief endorsements, and against such other hazards and in such amounts as may be required from time to time by LESSOR but in any case for maintain liability insurance of not less than Three Million Dollars, ($3,000,000.00) as to any single occurrence to cover bodily injury and property damage exposures of LANDLORD from accidents occurring on or about the full replacement cost thereonleased premises or arising out of TENANT'S use and occupancy thereof, and shall keep protect, indemnify and save harmless LANDLORD from and against any and all such policies claims, demands and causes of insurance action of whatever any nature constantly assignedwhatsoever, pledged and delivered to LESSOR with arising out of accidents occurring on or about the premiums thereon fully paid. LESSEE shall maintain comprehensive public liability and property damage liability insurance protecting LESSEE against claims (leased premises arising out of TENANT'S use thereof, including all costs and expenses but not by way of defending the same)limitation, for personal injury, sickness, disease or death or from damage or injury to or destruction death of property (including loss of use thereof) occurring any person or persons in, upon or about the premises providing for $1,000,000.00 in liability coverage per occurrence LESSEE shall provide proof of coverage to LESSORsaid leased premises, with the LESSOR named as additional insuredincluding sidewalks adjacent thereto, and shall provide annual proof any claims for injury to or loss of renewal property of said coverage. Initial proof others. (d) copies of the policies or certificates of insurance provided for in this paragraph 12 shall be provided within thirty delivered to LANDLORD. (30e) calendar days the TENANT hereby agrees that all insurance policies carried by it under this paragraph of the commencement date of this lease. All policies of insurance to be furnished hereunder lease shall be in forms, companies and amounts satisfactory to LESSOR including contain a provision requiring stipulating that the coverage evidenced thereby insurance company shall not be canceled, reduced have no right of subrogation against the LANDLORD or materially modified within the (10) days prior written notice to LESSOR. XXXXXX shall deliver the originals of all policies, including additional and renewal policies, to LESSOR, and, in the case of insurance about to expire, shall deliver renewal policies not less than ten (10) days prior to their respective dates of expiration. LESSEE shall provide and keep in force other insurance in amounts that may from time to time be required by XXXXXX against other insurable hazards as are commonly insured against his contractors for the type recovery of business activity any claims or expense. The LANDLORD hereby agrees that LESSEE will conductall insurance policies carried by it under this paragraph of the lease shall contain a provision stipulating that the insurance company shall have no right of subrogation against the TENANT or his contractors for the recovery of any claims or expense.

Taxes and Insurance. The LESSEE Mortgagor shall pay when due pay, or cause to be paid, before they become delinquent, all taxes, assessments and taxes (including the leasehold excise tax) that are due at the time of signing other similar charges levied upon or may be charged in the future with respect to the land or the improvements thereon. LESSEE shall keep all buildings and improvements now or hereafter located on the premises and any personal property thereon which may shall promptly deliver to Lender satisfactory evidence of payment of them. Mortgagor shall cause all buildings, improvements and other insurable parts of the premises to be included within the terms of this Lease insured against loss or damage resulting from by fire, windstorm, by hazards included within extended coverage and by other hazards, including extended coverage, vandalism and malicious mischief endorsements, and against such other hazards and in such amounts as may be required risks that Lender from time to time by LESSOR but requires, in any case for not less than the full replacement cost thereonamounts and with insurers that are acceptable to Lender, and Mortgagor shall keep cause all such policies of insurance of whatever nature constantly assigned, pledged and delivered to LESSOR with premiums on the premiums thereon fully paid. LESSEE shall maintain comprehensive public liability and property damage liability insurance protecting LESSEE against claims (including all costs and expenses of defending the same), for personal injury, sickness, disease or death or from damage or injury to or destruction of property (including loss of use thereof) occurring in, or about the premises providing for $1,000,000.00 in liability coverage per occurrence LESSEE shall provide proof of coverage to LESSOR, with the LESSOR named as additional insured, and shall provide annual proof of renewal of said coverage. Initial proof of insurance shall be provided within thirty (30) calendar days of the commencement date of this lease. All policies of insurance to be furnished hereunder paid when due. Lender shall not, however, require hazard insurance covering any building or buildings that are part of the premises to be in an amount greater than the replacement cost of the building or buildings. Within 45 days after Lender notifies Mortgagor that the premises are located in a special flood hazard area but are not covered by flood insurance in the amount required by applicable law (including, without limitation, the federal Flood Insurance Act of 1968, as amended), Mortgagor shall obtain and at all times maintain in effect the required insurance. Each policy evidencing insurance required by this Paragraph shall provide that loss shall be payable to Lender as its interest shall appear at the time of the loss, shall contain a standard mortgage clause, shall be in forms, companies form and amounts satisfactory substance acceptable to LESSOR including a provision requiring Lender and shall be delivered to Lender. Each policy shall provide that the coverage evidenced thereby insurer shall not be canceled, reduced or materially modified within the (10) days give Lender at least 10 days' prior written notice of any cancellation of or any material change in the insurance. Each renewal of each policy shall be delivered to LESSORLender at least 10 days before the expiration date of the policy. XXXXXX shall deliver Upon foreclosure of this Mortgage or other transfer of the originals premises in satisfaction of the Indebtedness, all policiesright, title and interest of Mortgagor in and to any insurance policies then in force, including additional and renewal policiesthe right to any premium refund, to LESSOR, and, shall vest in the case purchaser or grantee. If there shall occur any destruction of or damage to the premises, Mortgagor shall give immediate notice to Lender, and Lender shall have the right to make proof of the loss or damage, if Mortgagor does not promptly do so. Lender is authorized to settle, adjust or compromise any claims for loss or damage under any insurance about policy. Mortgagor shall immediately endorse and deliver to expireLender all proceeds of any policy. Lender may require Mortgagor to pay a reasonable fee to Lender for determining whether the premises are located in a special flood hazard area, shall deliver renewal policies not less than ten if either (10i) days prior Lender undertook the determination because of a revision of floodplain areas or (ii) Lender purchased required flood insurance, under PARAGRAPH 8 of this Mortgage, after Mortgagor failed to their respective dates of expiration. LESSEE shall provide and keep in force other purchase the required insurance in amounts following Lender's notification to Mortgagor that may from time Mortgagor was required to time be required by XXXXXX against other insurable hazards as are commonly insured against for the type of business activity that LESSEE will conductdo so.

Taxes and Insurance. The LESSEE Mortgagor shall pay when due pay, or cause to be paid, before they become delinquent, all taxes, assessments and taxes (including the leasehold excise tax) that are due at the time of signing other similar charges levied upon or may be charged in the future with respect to the land or the improvements thereon. LESSEE shall keep all buildings and improvements now or hereafter located on the premises and any personal property thereon which may will promptly deliver to Bank satisfactory evidence of payment of them. Mortgagor shall cause all buildings, improvements and other insurable parts of the premises to be included within the terms of this Lease insured against loss or damage resulting from by fire, windstorm, by hazards included within extended coverage and by other hazards, including extended coverage, vandalism and malicious mischief endorsements, and against such other hazards and in such amounts as may be required risks that Bank from time to time by LESSOR but requires, in any case for not less than the full replacement cost thereonamounts and with insurers that are acceptable to Bank, and Mortgagor shall keep cause all such policies of insurance of whatever nature constantly assigned, pledged and delivered to LESSOR with premiums on the premiums thereon fully paid. LESSEE shall maintain comprehensive public liability and property damage liability insurance protecting LESSEE against claims (including all costs and expenses of defending the same), for personal injury, sickness, disease or death or from damage or injury to or destruction of property (including loss of use thereof) occurring in, or about the premises providing for $1,000,000.00 in liability coverage per occurrence LESSEE shall provide proof of coverage to LESSOR, with the LESSOR named as additional insured, and shall provide annual proof of renewal of said coverage. Initial proof of insurance shall be provided within thirty (30) calendar days of the commencement date of this lease. All policies of insurance to be furnished hereunder paid when due. Bank shall not, however, require hazard insurance covering any building or buildings that are part of the premises to be in an amount greater than the replacement cost of the building or buildings. Within 45 days after Bank notifies Mortgagor that the premises are located in a special flood hazard area but are not covered by flood insurance in the amount required by applicable law (including, without limitation, the Federal Flood Insurance Act of 1968, as amended), Mortgagor shall obtain and at all times maintain in effect the required insurance. Each policy evidencing insurance required by this Paragraph shall provide that loss shall be payable to Bank as its interest shall appear at the time of the loss, shall contain a standard mortgage clause, shall be in forms, companies form and amounts satisfactory substance acceptable to LESSOR including a provision requiring Bank and shall be delivered to Bank. Each policy shall provide that the coverage evidenced thereby insurer shall not be canceled, reduced or materially modified within the (10) days give Bank at least 10 days' prior written notice of any cancellation of or any material change in the insurance. Each renewal of each policy shall be delivered to LESSORBank at least 10 days before the expiration date of the policy. XXXXXX shall deliver Upon foreclosure of this Mortgage or other transfer of the originals premises in satisfaction of the Indebtedness, all policiesright, title and interest of Mortgagor in and to any insurance policies then in force, including additional and renewal policiesthe right to any premium refund, to LESSOR, and, shall vast in the case purchaser or grantee. If there shall occur any destruction of or damage to the premises, Mortgagor shall give immediate notice to Bank, and Bank shall have the right to make proof of the loss or damage, if Mortgagor does not promptly do so. Bank is authorized to settle, adjust or compromise any claims for loss or damage under any insurance about policy. Mortgagor shall immediately endorse and deliver to expireBank all proceeds of any policy. Bank may require Mortgagor to pay a reasonable fee to Bank for determining whether the premises are located in a special flood hazard area, shall deliver renewal policies not less than ten if either (10i) days prior Bank undertook the determination because of a revision of flood plain areas or (ii) Bank purchased required flood insurance, under Paragraph 9 of this Mortgage, after Mortgagor failed to their respective dates of expiration. LESSEE shall provide and keep in force other purchase the required insurance in amounts following Bank's notification to Mortgagor that may from time Mortgagor was required to time be required by XXXXXX against other insurable hazards as are commonly insured against for the type of business activity that LESSEE will conductdo so.