Common use of Tenant Requirements Clause in Contracts

Tenant Requirements. At all times during the Term, and at Tenant’s sole cost and expense, Tenant shall provide and keep in effect the following insurance insuring Tenant, any Permitted Mortgagees, Landlord, and any other person or entity designated by Landlord as having an interest in the Premises (as their interests may appear): (a) Commercial general liability insurance in a good and solvent insurance company or companies licensed to do business in the Commonwealth of Massachusetts, selected by Tenant, and reasonably acceptable to Landlord in an amount of at least two million ($2,000,000.00) dollars with respect to injury or death to any one person and five million ($5,000,000.00) dollars with respect to injury or death to more than one person in any one accident or other occurrence; (b) Property insurance, with a replacement cost endorsement, on all improvements (including, without limitation, all Buildings as and when constructed), personal property and trade fixtures maintained in the Premises, including but not limited to carpeting, furnishings, equipment, furniture, inventory, and stock, and including sprinkler damage, vandalism and malicious mischief perils; and (c) Workers’ compensation insurance for all Tenant’s employees working at the Premises in an amount sufficient to comply with applicable laws or regulations, including employer’s liability coverage with limits not less than Five Hundred Thousand Dollars ($500,000.00). All policies of insurance maintained by Tenant shall require at least thirty (30) days written notice to Landlord of termination or material alteration. Prior to the Commencement Date, Tenant shall provide to Landlord copies of all required insurance policies and insurance certificates evidencing the same. Thereafter, and prior to the expiration of each such insurance policy, Tenant shall provide to Landlord written evidence of renewal, including but not limited to replacement insurance certificates which evidence the same. If Tenant shall fail to procure or maintain any insurance policy required of Tenant by this Lease, then Landlord shall have the right, but not the obligation, to acquire such insurance policies and to pay such insurance premiums on behalf of and for the benefit of Tenant; all such amounts so paid by Landlord shall be deemed part of the Rent under this Lease, which amounts shall be paid by Tenant to Landlord within thirty (30) days of demand. Tenant agrees that, in the event of loss due to any of the perils for which it has agreed to provide insurance, Tenant shall look solely to its insurance for recovery, and Tenant fully and completely waives any rights of subrogation it may have against Landlord or any other party who may be named as an additional insured under any of Tenant’s insurance policies.

Tenant Requirements. At all times during the Term and during the Early Access Period, Tenant shall obtain and maintain personal property insurance, business interruption insurance, workers compensation insurance as required by law, and commercial general liability insurance written on an occurrence basis (including bodily injury, broad form property damage and blanket contractual liability), insuring Tenant’s liability for loss of or damage to, property and injury to or death of third parties with a combined single limit of not less than $2,000,000 per occurrence. Such policy shall provide that it is the primary policy in the event of a loss. Further, at all times during the Term, and at Tenant’s sole cost and expensewhen liquor, beer or wine are served or offered for sale within the Leased Premises, Tenant shall provide and keep in effect the following insurance insuring Tenant, any Permitted Mortgagees, Landlord, and any other person or entity designated by Landlord as having an interest in the Premises (as their interests may appear): (a) Commercial general maintain liquor liability insurance in a good and solvent insurance company against claims for bodily injury, death, or companies licensed to do business in property damage resulting from or arising out of the Commonwealth sale or distribution of Massachusettsliquor, selected by Tenantbeer, and reasonably acceptable to Landlord in an amount or wine from the Leased Premises of at least two million ($2,000,000.00) dollars with respect to injury or death to any one person and five million ($5,000,000.00) dollars with respect to injury or death to more than one person in any one accident or other occurrence; (b) Property insurance, with a replacement cost endorsement, on all improvements (including, without limitation, all Buildings as and when constructed), personal property and trade fixtures maintained in the Premises, including but not limited to carpeting, furnishings, equipment, furniture, inventory, and stock, and including sprinkler damage, vandalism and malicious mischief perils; and (c) Workers’ compensation insurance for all Tenant’s employees working at the Premises in an amount sufficient to comply with applicable laws or regulations, including employer’s liability coverage with limits not less than Five Hundred Thousand Two Million Dollars ($500,000.00)2,000,000) in respect of such personal injury, death, or property damage. All policies of insurance maintained by Tenant shall require at least thirty (30) days written notice to Landlord of termination or material alteration. Prior to the Commencement Date, Tenant Such policy shall provide to Landlord copies of all required insurance policies and insurance certificates evidencing that it is the same. Thereafter, and prior to the expiration of each such insurance policy, Tenant shall provide to Landlord written evidence of renewal, including but not limited to replacement insurance certificates which evidence the same. If Tenant shall fail to procure or maintain any insurance primary policy required of Tenant by this Lease, then Landlord shall have the right, but not the obligation, to acquire such insurance policies and to pay such insurance premiums on behalf of and for the benefit of Tenant; all such amounts so paid by Landlord shall be deemed part of the Rent under this Lease, which amounts shall be paid by Tenant to Landlord within thirty (30) days of demand. Tenant agrees that, in the event of loss due a loss. All such insurance required to be maintained by Tenant under this §7(b), must (i) be issued by reputable insurance companies of recognized financial responsibility licensed to sell such insurance in the State of Ohio; (ii) be in amounts not less than set forth above; (iii) provide that it may not be canceled except upon at least 30 days prior written notice to Landlord; and (iv) name Landlord (and, if requested by Landlord, any mortgagee of the perils for which it has agreed to provide insuranceReal Property, Tenant shall look solely to its insurance for recovery, and Tenant fully and completely waives any rights of subrogation it may have against Landlord or any other party who may be named and/or the association under the Condominium Declaration [“Association”]) as an additional insured under or loss payee, as appropriate. Evidence of such insurance must be delivered to Landlord before Tenant is permitted to enter the Leased Premises and must be provided not less frequently than annually thereafter. If Tenant does or permits anything to be done in the Leased Premises, Building, or Real Property, or brings or keeps anything therein which may in any way increase the rate of Tenant’s fire or other insurance policieson the Building or on the Real Property kept therein (as evidenced by reasonable documentation), or conflict with any insurance policy upon the Building or any part thereof, or with any statutes, rules or regulations enacted or established by the appropriate governmental authorities, then Tenant shall pay to Landlord as Additional Rent all amounts necessary to reimburse Landlord for such increase or otherwise remedy such situation.

Tenant Requirements. At all times during the TermTenant shall, and at Tenant’s sole cost and own expense, Tenant shall provide and keep in effect comply with all laws regulating the following insurance insuring Tenantuse, any Permitted Mortgageesgeneration, Landlordstorage, and any other person transportation, or entity designated by Landlord as having an interest disposal of Hazardous Materials in the Premises (as their interests may appear): “Environmental Laws”). Tenant shall, at Tenant’s own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities (acollectively, “Authority”) Commercial general liability insurance in a good and solvent insurance company under Environmental Laws with respect to Hazardous Materials introduced or companies licensed to do business in installed on, under or about the Commonwealth of Massachusetts, selected Premises by Tenant, and reasonably acceptable to Landlord in an amount its employees, contractors, agents or invitees (while any such invitee is upon the Premises). Should any Authority or any third party demand that a clean-up plan be prepared or undertaken because of at least two million ($2,000,000.00) dollars with respect to injury or death to any one person and five million ($5,000,000.00) dollars with respect to injury or death to more than one person in any one accident deposit, spill, discharge, or other occurrence; (b) Property insurancerelease of Hazardous Materials that occurs during the Term of this Lease or which occurred or alleged to have occurred prior to the execution of this Lease, with a replacement cost endorsementon, on all improvements (including, without limitation, all Buildings as and when constructed), personal property and trade fixtures maintained in under or about the Premises, including but not limited to carpeting, furnishings, equipment, furniture, inventory, and stock, and including sprinkler damage, vandalism and malicious mischief perils; and (c) Workers’ compensation insurance for all or which arises at any time as a result of Tenant’s employees working use or occupancy of the Premises, then Tenant shall, at Tenant’s own expense, prepare and submit the Premises in an amount sufficient to comply with applicable laws or regulations, including employer’s liability coverage with limits not less than Five Hundred Thousand Dollars ($500,000.00). All policies of insurance maintained by required plans; and Tenant shall require at least thirty (30) days written notice to Landlord of termination or material alterationcarry out all such clean-up plans. Prior to the Commencement Date, Tenant shall promptly provide to Landlord copies all information regarding the use, generation, storage, transportation, or disposal of all required insurance policies and insurance certificates evidencing the same. Thereafter, and prior to the expiration of each such insurance policy, Tenant shall provide to Landlord written evidence of renewal, including but not limited to replacement insurance certificates which evidence the sameHazardous Materials that is requested by Landlord. If Tenant shall fail fails to procure fulfill or maintain begin to fulfill any insurance policy required of Tenant by this Lease, then Landlord shall have the right, but not the obligation, to acquire such insurance policies and to pay such insurance premiums on behalf of and for the benefit of Tenant; all such amounts so paid by Landlord shall be deemed part of the Rent duty imposed under this Lease, which amounts shall be paid by Tenant to Landlord Section within thirty (30) days after receipt of demand. Tenant agrees thatwritten notice from Landlord, Landlord may, in its sole discretion, axxxx such Hazardous Materials from the event of loss due to any of the perils for which it has agreed to provide insurancePremises; and in such case, Tenant shall look solely cooperate with Landlord in order to its insurance for recoveryprepare all documents Landlord deems necessary or appropriate to determine the applicability of the Environmental Laws to the Premises and Tenant’s use thereof, and for compliance therewith. Tenant fully and completely waives any rights of subrogation it may have against shall pay Landlord or any other party who may be named as an additional insured under any of all reasonable expenses incurred by Landlord in fulfilling Tenant’s insurance policiesobligations set forth in this Section, together with interest at the Interest Rate, within thirty (30) days after receipt of an invoice therefor.