Tenant’s Insurance Obligations. A. During the Term, Tenant shall provide and maintain property insurance on the Building and other improvements on the Property on an all-risk basis against physical loss or damage by fire and all other risks and perils, in amounts no less than the full replacement cost, excluding excavations, footings and foundations, and with a deductible no greater than (i) One Million and No/100 Dollars ($1,000,000.00) from the Effective Date through May 31, 2021; (ii) Two Million and No/100 Dollars ($2,000,000.00) from June 1, 2021 through May 31, 2022; and (iii) Five Million and No/100 Dollars ($5,000,000.00) thereafter. Tenant’s property insurance shall also include coverage for the perils of flood, earthquake, windstorm, tornado and hail in amounts of the full insurable value, unless reasonably commercially unavailable. The coverage for the perils of flood, earthquake, windstorm, tornado and hail may have deductibles not to exceed five percent (5%) of the total insurable value of the property per occurrence. Such insurance shall be on terms (i) that have an agreed amount endorsement or with no co-insurance provisions; and (ii) with no exclusions for vandalism, malicious mischief or sprinkler leakage. Boiler and Machinery Coverage shall be procured either by endorsement to the property policy or under a separate placement in an amount no less than 100% of the replacement cost or as otherwise approved in writing by Landlord. The property insurance required hereunder shall, subject to applicable sublimits, (a) cover loss sustained when access to all or a portion of a Building is prevented due to an insured peril at a location in the vicinity of the Premises; (b) cover loss sustained due to the action of a public authority preventing access to the Building provided such order is the direct result of physical damage of the type insured against at the Building or within 1,000 feet of it; (c) insure loss caused by damage or mechanical breakdown; (d) provide an ordinance or law extension; (e) cover loss sustained due to the accidental interruption or failure of supplies of electricity, gas, water or telecommunication up to the terminal point of the utility supplier with the Premises; (f) name Landlord and its lender(s) and other designees as loss payees and contain a lender loss payee endorsement; and (g) contain an endorsement providing coverage for cleanup of sudden and accidental pollution releases, with a sub-limit of at least One Hundred Thousand and No/100 Dollars ($100,000.00). In addition to the foregoing coverages on the Building and other improvements upon the Property, Tenant shall maintain property insurance covering Tenant’s machinery, equipment, furniture, fixtures, and all other Tenant’s Personal Property at a limit of liability determined by Tenant in its sole discretion. During the period of any restoration and repair of the Premises, Tenant shall maintain an “all-risk” Builder’s Risk policy, or equivalent insurance coverage, on a completed value basis for the full replacement cost of the property being repaired and restored, if and when there is a structural restoration and/or major repair required at the Building. To the extent any portion of the Premises is located within a Special Flood Hazard Area, Tenant shall maintain flood insurance. B. During the Term, Tenant shall also provide and maintain the following insurance at the terms and in the limits specified below:
Appears in 2 contracts
Samples: Lease Agreement (Big Lots Inc), Lease Agreement (Big Lots Inc)
Tenant’s Insurance Obligations. A. During the Term, Tenant shall provide and maintain property insurance on the Building and other improvements on the Property Premises on an all-risk basis against physical loss or damage by fire and all other risks and perils, including but not limited to, flood, earthquake, and windstorm, in amounts no less than the full replacement cost, excluding excavations, footings and foundations, and with a deductible no greater than : (i) One Million and No/100 Dollars ($1,000,000.00) 250,000.00 from the Effective applicable Commencement Date with respect to to each Site through May July 31, 20212024; and (ii) Two Million and No/100 Dollars ($2,000,000.00) 500,000.00 from June August 1, 2021 2024 through May 31the end of the Term and any Renewal Term. Notwithstanding anything contained herein to the contrary, 2022; and (iii) Five Million and No/100 Dollars ($5,000,000.00) thereafter. Tenant’s property insurance shall also include coverage for the perils of flood, earthquake, windstorm, tornado and hail in amounts of the full insurable value, unless reasonably commercially unavailable. The coverage for the perils of flood, earthquake, windstorm, tornado and hail may have deductibles not to exceed five percent (5%) of the total insurable value of the property Site per occurrence. Such insurance shall be on terms (i) that have an agreed amount endorsement or with no co-insurance provisions; and (ii) with no exclusions for vandalism, malicious mischief or sprinkler leakage. Boiler and Machinery Coverage shall be procured either by endorsement to the property policy or under a separate placement in an amount no less than 100% of the replacement cost or as otherwise approved in writing by Landlord. The property insurance required hereunder shall, subject to applicable sublimits, shall (a) cover loss sustained when access to all or a portion of a Building is prevented due to an insured peril at a location in the vicinity of the Premisesapplicable Site; (b) cover loss sustained due to the action of a public authority preventing access to the a Building provided such order is the direct result of physical damage of the type insured against at the such Building or within 1,000 feet of it; (c) insure loss caused by damage or mechanical breakdown; (d) provide an ordinance or law extension; (e) cover loss sustained due to the accidental interruption or failure of supplies of electricity, gas, sewers, water or telecommunication up to the terminal point of the utility supplier with the Premisesany Site; (f) name Landlord and its lender(s) and other designees as loss payees and contain a lender loss payee endorsement; and (g) contain an endorsement providing coverage for cleanup of sudden and accidental pollution releases, with a sub-limit of at least One Hundred Thousand and No/100 Dollars ($100,000.00). In addition to the foregoing coverages on the each Building and other improvements upon the Propertyany Site, Tenant shall maintain property insurance covering Tenant’s machinery, equipment, furniture, fixtures, and all other Tenant’s Personal Property at a limit of liability determined by Tenant in its sole discretion. During the period of any restoration and repair of the Premisesany Site or any portion thereof, Tenant shall maintain an “all-risk” Builder’s Risk policy, or equivalent insurance coverage, policy on a completed value basis for the full replacement cost of the property being repaired and restored, if and when there is a structural restoration and/or major repair required at the any Building. To the extent any portion of the Premises any Site is located within a Special Flood Hazard Area, Tenant shall maintain NFIP flood insuranceinsurance for such Site.
B. During the Term, Tenant shall also provide and maintain the following insurance at the terms and in the limits specified belowbelow for each Site:
1. Commercial General Liability Insurance against claims for third party Bodily Injury, Personal/Advertising Injury, Property Damage, and Products/Completed Operations Liability. Such insurance shall be written on an occurrence basis and such coverage shall include, but not be limited to, assumed contractual liability for the performance by Tenant of the indemnity agreements set forth in this Lease to which this insurance applies, cross liability, and/or severability of interests. Limits shall be no less than One Million and No/100 Dollars ($1,000,000.00) per occurrence and Two Million and No/100 Dollars ($2,000,000.00) general aggregate. Tenant shall be permitted to maintain self-insurance/retention amounts not to exceed (i) Five Hundred Thousand and No/100 Dollars ($500,000) during the period from the applicable Commencement Date with respect to each Site through July 31, 2021; (ii) One Million and No/100 Dollars ($1,000,000.00) during the period from August 1, 2021 through July 31, 2022 and (iii) One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00) during the period from August 1, 2022 until the expiration of the Term. Tenant shall cause Landlord and its lender or other designees to be named as additional insureds under such insurance.
Appears in 2 contracts
Samples: Master Lease Agreement (Cracker Barrel Old Country Store, Inc), Agreement for Purchase and Sale of Real Property (Cracker Barrel Old Country Store, Inc)
Tenant’s Insurance Obligations. A. During the Term, Tenant shall provide and maintain property insurance on the Building and other improvements on the Property Premises on an all-risk basis against physical loss or damage by fire and all other risks and perils, including but not limited to, flood, earthquake, and windstorm, in amounts no less than the full replacement cost, excluding excavations, footings and foundations, and with a deductible no greater than : (i) One Million and No/100 Dollars ($1,000,000.00) 250,000.00 from the Effective Commencement Date through May July 31, 20212024; and (ii) Two Million and No/100 Dollars ($2,000,000.00) 500,000.00 from June August 1, 2021 2024 through May 31the end of the Term and any Renewal Term. Notwithstanding anything contained herein to the contrary, 2022; and (iii) Five Million and No/100 Dollars ($5,000,000.00) thereafter. Tenant’s property insurance shall also include coverage for the perils of flood, earthquake, windstorm, tornado and hail in amounts of the full insurable value, unless reasonably commercially unavailable. The coverage for the perils of flood, earthquake, windstorm, tornado and hail may have deductibles not to exceed five percent (5%) of the total insurable value of the property Premises per occurrence. Such insurance shall be on terms (i) that have an agreed amount endorsement or with no co-insurance provisions; and (ii) with no exclusions for vandalism, malicious mischief or sprinkler leakage. Boiler and Machinery Coverage shall be procured either by endorsement to the property policy or under a separate placement in an amount no less than 100% of the replacement cost or as otherwise approved in writing by Landlord. The property insurance required hereunder shall, subject to applicable sublimits, shall (a) cover loss sustained when access to all or a portion of a Building is prevented due to an insured peril at a location in the vicinity of the Premises; (b) cover loss sustained due to the action of a public authority preventing access to the a Building provided such order is the direct result of physical damage of the type insured against at the such Building or within 1,000 feet of it; (c) insure loss caused by damage or mechanical breakdown; (d) provide an ordinance or law extension; (e) cover loss sustained due to the accidental interruption or failure of supplies of electricity, gas, sewers, water or telecommunication up to the terminal point of the utility supplier with the Premises; (f) name Landlord and its lender(s) and other designees as loss payees and contain a lender loss payee endorsement; and (g) contain an endorsement providing coverage for cleanup of sudden and accidental pollution releases, with a sub-limit of at least One Hundred Thousand and No/100 Dollars ($100,000.00). In addition to the foregoing coverages on the each Building and other improvements upon the PropertyPremises, Tenant shall maintain property insurance covering Tenant’s machinery, equipment, furniture, fixtures, and all other Tenant’s Personal Property at a limit of liability determined by Tenant in its sole discretion. During the period of any restoration and repair of the PremisesPremises or any portion thereof, Tenant shall maintain an “all-risk” Builder’s Risk policy, or equivalent insurance coverage, policy on a completed value basis for the full replacement cost of the property being repaired and restored, if and when there is a structural restoration and/or major repair required at the any Building. To the extent any portion of the Premises is located within a Special Flood Hazard Area, Tenant shall maintain NFIP flood insuranceinsurance for the Premises.
B. During the Term, Tenant shall also provide and maintain the following insurance at the terms and in the limits specified below:
Appears in 2 contracts
Samples: Master Lease Agreement (Cracker Barrel Old Country Store, Inc), Master Lease Agreement (Cracker Barrel Old Country Store, Inc)
Tenant’s Insurance Obligations. A. During the Term, Tenant shall provide and maintain property insurance on the Building Buildings and other improvements on the Property on an all-risk basis against physical loss or damage by fire and all other risks and perils, including but not limited to, flood, earthquake, and windstorm, in amounts no less than the full replacement cost, excluding excavations, footings and foundations, and with a deductible no greater than (i) One Million and No/100 Dollars ($1,000,000.00) from the Effective Date through May 31, 2021; (ii) Two Million and No/100 Dollars ($2,000,000.00) from June 1, 2021 through May 31, 2022; and (iii) Five Million and No/100 Dollars ($5,000,000.00) thereafter. Tenant’s property insurance shall also include coverage for the perils of flood, earthquake, windstorm, tornado and hail in amounts of the full insurable value, unless reasonably commercially unavailable. The coverage for the perils of flood, earthquake, windstorm, tornado and hail may have deductibles not to exceed five percent (5%) of the total insurable value of the property per occurrence25,000. Such insurance shall be on terms (i) that are no less favorable than insurance covering other similar properties owned or operated by Tenant; (ii) that have an agreed amount endorsement or with no co-insurance provisions; and (iiiii) with no exclusions for vandalism, malicious mischief mischief, sprinkler leakage or sprinkler leakageacts of hostile groups. Boiler and Machinery Coverage shall be procured either by endorsement to the property policy or under a separate placement in an amount no less than 100% of the replacement cost or as otherwise approved in writing by Landlord. The property insurance required hereunder shall, subject to applicable sublimits, shall (a) include an interim payments (or partial payment) clause allowing for the insurer to advance partial payments as mutually agreed between the insurer and Tenant; (b) cover loss sustained when access to all or a portion of a Building is prevented due to an insured peril at a location in the vicinity of the Premises; (bc) cover loss sustained due to the action of a public authority preventing access to the a Building provided such order is the direct result of physical damage of the type insured against at the a Building or within 1,000 feet of it; (cd) insure loss caused by damage or mechanical breakdown; (de) provide an ordinance or law extension; (ef) cover loss sustained due to the accidental interruption or failure of supplies of electricity, gas, sewers, water or telecommunication up to the terminal point of the utility supplier with the Premises; (fg) name Landlord and its lender(s) and other designees as loss payees and contain a lender loss payee endorsement; and (gh) contain an endorsement providing coverage for cleanup of sudden and accidental pollution releases, with a sub-limit of at least One Hundred Thousand and No/100 Dollars ($100,000.00)100,000. In addition to the foregoing coverages on the Building Buildings and other improvements upon the Propertyimprovements, Tenant shall maintain property insurance covering Tenant’s machinery, equipment, furniture, fixtures, and all other Tenant’s Personal Property at a limit of liability determined by Tenant in its sole discretionof not less than the full replacement cost. During the period of any restoration and repair of the Premises, Tenant shall maintain an “all-risk” Builder’s Risk policy, or equivalent insurance coverage, policy on a completed value basis for the full replacement cost of the property being repaired and restored, if and when there is a structural restoration and/or major repair required at the Building. To the extent any portion of the Premises is located within a Special Flood Hazard Area, Tenant shall maintain flood insurance.
B. During the Term, Tenant shall also provide and maintain the following insurance at the terms and in the limits specified below:
Appears in 1 contract
Samples: Absolute Lease Agreement (First Midwest Bancorp Inc)
Tenant’s Insurance Obligations. A. During the Term, Tenant shall provide and maintain property insurance on the Building and other improvements on the Property on an all-risk basis against physical loss or damage by fire and all other risks and perils, including but not limited to, flood, earthquake, and windstorm, in amounts no less than the full replacement cost, excluding excavations, footings and foundations, and with a deductible no greater than (i) One Million and No/100 Dollars ($1,000,000.00) from the Effective Date through May 31, 2021; (ii) Two Million and No/100 Dollars ($2,000,000.00) from June 1, 2021 through May 31, 2022; and (iii) Five Million and No/100 Dollars ($5,000,000.00) thereafter. Tenant’s property insurance shall also include coverage for the perils of flood, earthquake, windstorm, tornado and hail in amounts of the full insurable value, unless reasonably commercially unavailable. The coverage for the perils of flood, earthquake, windstorm, tornado and hail may have deductibles not to exceed five percent (5%) of the total insurable value of the property per occurrence50,000. Such insurance shall be on terms (i) that are no less favorable than insurance covering other similar properties owned or operated by Tenant; (ii) that have an agreed amount endorsement or with no co-insurance provisions; and (iiiii) with no exclusions for vandalism, malicious mischief mischief, sprinkler leakage or sprinkler leakageterrorism. Boiler and Machinery Coverage shall be procured either by endorsement to the property policy or under a separate placement in an amount no less than 100% of the replacement cost or as otherwise approved in writing by Landlord. The property insurance required hereunder shall, subject to applicable sublimits,
(a) intentionally omitted; (b) cover loss sustained when access to all or a portion of a Building is prevented due to an insured peril at a location in the vicinity of the Premises; (bc) cover loss sustained due to the action of a public authority preventing access to the a Building provided such order is the direct result of physical damage of the type insured against at the a Building or within 1,000 feet of it; (cd) insure loss caused by damage or mechanical breakdown; (de) provide an ordinance or law extension; (ef) cover loss sustained due to the accidental interruption or failure of supplies of electricity, gas, sewers, water or telecommunication up to the terminal point of the utility supplier with the Premises; (fg) name Landlord and its lender(s) and other designees as loss payees and contain a lender loss payee endorsement; and (gh) contain an endorsement providing coverage for cleanup of sudden and accidental pollution releases, with a sub-limit of at least One Hundred Thousand and No/100 Dollars ($100,000.00)15,000. In addition to the foregoing coverages on the Building and other improvements upon the Propertyimprovements, Tenant shall maintain property insurance covering Tenant’s machinery, equipment, furniture, fixtures, and all other Tenant’s Personal Property at a limit of liability determined by Tenant in its sole discretionof not less than the full replacement cost. During the period of any restoration and repair of the Premises, Tenant shall maintain an “all-risk” Builder’s Risk policy, or equivalent insurance coverage, policy on a completed value basis for the full replacement cost of the property being repaired and restored, if and when there is a structural restoration and/or major repair required at the Building. To the extent any portion of the Premises is located within a Special Flood Hazard Area, Tenant shall maintain flood insurance.
B. During the Term, Tenant shall also provide and maintain the following insurance at the terms and in the limits specified below:
Appears in 1 contract
Tenant’s Insurance Obligations. A. (a) During the Term, Tenant shall provide and maintain property insurance on the Building and other improvements on the Property Premises on an all-risk basis against physical loss or damage by fire and all other risks and perils, including but not limited to, windstorm, including named windstorm, hail, mudslide and terrorism, in amounts no less than the full replacement cost, excluding excavations, footings and foundations, and with a deductible no greater than (i) One Million Twenty Five Thousand and No/100 Dollars ($1,000,000.0025,000) from the Effective Date through May 31, 2021; for all perils except flood (ii) Two Million which shall have a deductible no greater than One Hundred Thousand and No/100 Dollars ($2,000,000.00) from June 1100,000.00)), 2021 through May 31[earthquake (if required herein, 2022; which shall have a deductible no greater than the greater of $50,000.00 or 10%),]5 and (iii) Five Million and No/100 Dollars ($5,000,000.00) thereafter. Tenant’s property insurance shall also include coverage for the perils of flood, earthquake, windstorm, tornado including named windstorm, or hail (which shall have a deductible no greater than 5%). [Earthquake coverage shall only be required if the Premises are deemed to have an SEL (scenario expected loss) of 20% or higher, with minimum coverage equivalent to the greater of 1.0x SUL (scenario upper loss) and hail in amounts 1.5x SEL (scenario expected loss) multiplied by the full replacement cost of the full insurable value, unless reasonably commercially unavailable. The coverage for the perils of flood, earthquake, windstorm, tornado and hail may have deductibles not to exceed five percent (5%) of the total insurable value of the property per occurrenceBuilding]6. Such insurance shall be on terms (i) that have an agreed amount endorsement or with no co-insurance provisions; and (ii) with no exclusions for vandalism, malicious mischief mischief, sprinkler leakage or sprinkler leakageterrorism. Boiler and Machinery Coverage Coverage, also referred to as Equipment Breakdown Coverage, shall be procured either by endorsement to the property policy or under a separate placement in an amount no less than one hundred percent (100% %) of the replacement cost or as otherwise approved in writing by Landlord. The property insurance required hereunder shall, subject to applicable sublimits, shall (ai) cover at least 30 days’ loss sustained when access to all or a portion of a Building is prevented due to an insured peril at a location in the vicinity of the PremisesPremises (such requirement may be satisfied by way of “egress/ingress” coverage/endorsement); (bii) cover loss sustained due to the action of a public authority preventing access to the Building provided if such order is the direct result of physical damage of the type insured against at the such Building or within 1,000 feet of it, together with an ordinance or law extension for the period of any restoration with the undamaged portion of the Building included up to the Building limit and at least a limit equal to twenty percent (20%) or the Building limit for demolition and increased cost of construction (such requirement may be satisfied by way of “civil authority” coverage/endorsement); (ciii) insure loss caused by damage equipment or mechanical breakdown; (d) provide an ordinance or law extension; (eiv) cover loss sustained due to the accidental interruption or failure of supplies of electricity, gas, sewers, water or telecommunication up to the terminal point of the utility supplier with the Premises; (fv) name Landlord as an Additional Insured and its lender(sLoss Payee, as designated by Landlord; (vi) and other designees name any Landlord’s Mortgagee as loss payees mortgagee and contain a lender lender’s loss payee endorsementpayable endorsement (or the equivalent thereof) in favor of said Landlord’s Mortgagee; and (gvii) contain an endorsement providing coverage for cleanup of sudden and accidental pollution releases, with a sub-limit of at least One Hundred Thousand and No/100 Dollars ($100,000.00)Dollars. In addition to the foregoing coverages on the Building and other improvements upon the PropertyBuilding, Tenant shall maintain property insurance covering Tenant’s machinery, equipment, furniture, fixtures, and all other Tenant’s Personal Property at a limit of liability 5 The bracketed language will only be included for properties with Earthquake Coverage required (collectively, the “Earthquake Coverage Properties”): The bracketed language will be deleted from all other leases. 6 The bracketed language will only be included for those leases that cover the Earthquake Coverage Properties and will be deleted from all other leases. determined by Tenant in its sole discretion. During the period of any restoration and repair of the PremisesPremises or any portion thereof, Tenant shall maintain an “all-risk” property policy or an “all-risk” Builder’s Risk policy, or equivalent insurance coverage, policy on a completed value basis for the full replacement cost of the property being repaired and restored, if and when there is a structural restoration and/or major repair required at any Building. All parties with an insurable interest, including Landlord and any Landlord Mortgagee, must be additional insureds and/or loss payees, as designated by Landlord, under the Buildingforegoing property or builder’s risk policy. To the extent any portion of the Premises is located within a Special Flood Hazard Area, Tenant shall maintain NFIP flood insurance., to the extent NFIP will provide such coverage, for the Premises and name Landlord as an additional named insured.
B. (b) During the Term, Tenant shall also provide and maintain the following insurance at the terms and in the limits specified belowbelow for the Premises:
Appears in 1 contract
Tenant’s Insurance Obligations. A. (a) During the Term, Tenant shall provide and maintain property insurance on the Building and other improvements on the Property Premises on an all-risk basis against physical loss or damage by fire and all other risks and perilsperils for the full replacement cost of the Building, including but not limited to, flood, earthquake, windstorm, including named windstorm, hail and terrorism, in amounts no less than reasonable and acceptable to the full replacement costLandlord, excluding excavations, footings and foundations, and with a deductible no greater than (i) One Million Twenty Five Thousand and No/100 Dollars ($1,000,000.0025,000) from the Effective Date through May 31for all perils, 2021; (ii) Two Million except for flood and No/100 Dollars (earthquake deductibles which shall be no greater than $2,000,000.00) from June 1, 2021 through May 31, 2022; 100,000 and (iii) Five Million and No/100 Dollars ($5,000,000.00) thereafter. Tenant’s property insurance shall also include coverage for the perils of flood, earthquake, windstorm, tornado and including named storm, or hail in amounts deductible shall be no greater than 5% of the full insurable value, unless reasonably commercially unavailable. The coverage for the perils of flood, earthquake, windstorm, tornado and hail may have deductibles not to exceed five percent (5%) replacement cost of the total insurable value buildings and 24 months of the property per occurrencebusiness interruption as more fully described herein. Such insurance shall be on terms (ix) that have an agreed amount endorsement or with no co-insurance provisions; and (iiy) with no exclusions for vandalism, malicious mischief mischief, sprinkler leakage or sprinkler leakageterrorism. Boiler and Machinery Coverage Such policy shall be procured either by endorsement to the property policy or under a separate placement in include business interruption insurance insuring an amount no less equal to or greater than 100% the Base Rent for a minimum of twenty-four (24) months if the replacement cost Premises is destroyed or as otherwise approved in writing rendered untenantable by Landlordany cause insured against (it being understood that the existence of such insurance does not reduce Tenant’s obligation to pay Base Rent without diminution). Such insurance shall also include equipment breakdown coverage. The property insurance required hereunder shall, subject to applicable sublimits, shall (ai) cover loss sustained when access to all or a portion of a Building is prevented due to an insured peril at a location in the vicinity of the Premises; (bii) cover loss sustained due to the action of a public authority preventing access to the a Building provided such order is the direct result of physical damage of the type insured against at the Building or within 1,000 feet of itsuch Building; (ciii) insure loss caused by damage or mechanical breakdown; (div) provide an ordinance or law extensionextension with the undamaged portion of the building included as well as coverage for demolition and increased cost of construction with a minimum limit of at least One Million and No/100 Dollars ($1,000,000.00); (e) cover loss sustained due to the accidental interruption or failure of supplies of electricity, gas, water or telecommunication up to the terminal point of the utility supplier with the Premises; (fv) name Landlord as an Additional Insured and Loss Payee, and its lender(s) and other designees as loss payees the Mortgagee and contain a lender standard mortgage clause and include a loss payee endorsement; and (gvi) contain an endorsement providing coverage for cleanup of sudden and accidental pollution releases, with a sub-limit of at least One Hundred Thousand and No/100 Dollars ($100,000.00). In addition to the foregoing coverages on the each Building and other improvements upon the PropertyPremises, Tenant shall maintain property insurance covering Tenant’s machinery, equipment, furniture, fixtures, and all other Tenant’s Personal Property at a limit of liability determined by Tenant in its sole discretion. During the period of any restoration and repair of the Premises, Tenant shall maintain an “all-risk” Builder’s Risk policy, or equivalent insurance coverage, on a completed value basis for the full replacement cost of the property being repaired and restored, if and when there is a structural restoration and/or major repair required at the Building. To the extent any portion of the Premises is located within a Special Flood Hazard Areahigh hazard zone, Tenant shall maintain NFIP flood insuranceinsurance for the Premises to the extent NFIP will provide coverage.
B. (b) During the Term, Tenant shall also provide and maintain the following insurance at the terms and in the limits specified belowbelow for the Premises:
Appears in 1 contract
Samples: Purchase and Sale Agreement (Atlantic Union Bankshares Corp)
Tenant’s Insurance Obligations. 28 A. During the Term, Tenant shall provide and maintain property insurance on the Building and other improvements on the Property Premises on an all-risk basis against physical loss or damage by fire and all other risks and perils, including but not limited to, flood, earthquake, and windstorm, in amounts no less than the full replacement cost, excluding excavations, footings and foundations, and with a deductible no greater than : (i) One Million and No/100 Dollars ($1,000,000.00) 250,000.00 from the Effective applicable Commencement Date with respect to to each Site through May July 31, 20212024; and (ii) Two Million and No/100 Dollars ($2,000,000.00) 500,000.00 from June August 1, 2021 2024 through May 31the end of the Term and any Renewal Term. Notwithstanding anything contained herein to the contrary, 2022; and (iii) Five Million and No/100 Dollars ($5,000,000.00) thereafter. Tenant’s property insurance shall also include coverage for the perils of flood, earthquake, windstorm, tornado and hail in amounts of the full insurable value, unless reasonably commercially unavailable. The coverage for the perils of flood, earthquake, windstorm, tornado and hail may have deductibles not to exceed five percent (5%) of the total insurable value of the property Site per occurrence. Such insurance shall be on terms (i) that have an agreed amount endorsement or with no co-insurance provisions; and (ii) with no exclusions for vandalism, malicious mischief or sprinkler leakage. Boiler and Machinery Coverage shall be procured either by endorsement to the property policy or under a separate placement in an amount no less than 100% of the replacement cost or as otherwise approved in writing by Landlord. The property insurance required hereunder shall, subject to applicable sublimits, shall (a) cover loss sustained when access to all or a portion of a Building is prevented due to an insured peril at a location in the vicinity of the Premisesapplicable Site; (b) cover loss sustained due to the action of a public authority preventing access to the a Building provided such order is the direct result of physical damage of the type insured against at the such Building or within 1,000 feet of it; (c) insure loss caused by damage or mechanical breakdown; (d) provide an ordinance or law extension; (e) cover loss sustained due to the accidental interruption or failure of supplies of electricity, gas, sewers, water or telecommunication up to the terminal point of the utility supplier with the Premisesany Site; (f) name Landlord and its lender(s) and other designees as loss payees and contain a lender loss payee endorsement; and (g) contain an endorsement providing coverage for cleanup of sudden and accidental pollution releases, with a sub-limit of at least One Hundred Thousand and No/100 Dollars ($100,000.00). In addition to the foregoing coverages on the each Building and other improvements upon the Propertyany Site, Tenant shall maintain property insurance covering Tenant’s machinery, equipment, furniture, fixtures, and all other Tenant’s Personal Property at a limit of liability determined by Tenant in its sole discretion. During the period of any restoration and repair of the Premisesany Site or any portion thereof, Tenant shall maintain an “all-risk” Builder’s Risk policy, or equivalent insurance coverage, policy on a completed value basis for the full replacement cost of the property being repaired and restored, if and when there is a structural restoration and/or major repair required at the any Building. To the extent any portion of the Premises any Site is located within a Special Flood Hazard Area, Tenant shall maintain NFIP flood insuranceinsurance for such Site.
B. During the Term, Tenant shall also provide and maintain the following insurance at the terms and in the limits specified below:
Appears in 1 contract
Samples: Master Lease Agreement (Cracker Barrel Old Country Store, Inc)
Tenant’s Insurance Obligations. A. . During the Term, Tenant shall provide and maintain property insurance on the Building and other improvements on the Property Premises on an all-risk basis against physical loss or damage by fire and all other risks and perils, including but not limited to, flood, earthquake, and windstorm, in amounts no less than the full replacement costcost (to the extent available), excluding excavations, footings and foundations, and with a commercially reasonable deductible no greater than (i) One Million and No/100 Dollars ($1,000,000.00) from the Effective Date through May 31, 2021; (ii) Two Million and No/100 Dollars ($2,000,000.00) from June 1, 2021 through May 31, 2022; and (iii) Five Million and No/100 Dollars ($5,000,000.00) thereafter. commensurate with Tenant’s property insurance shall also include coverage for the perils of flood, earthquake, windstorm, tornado and hail in amounts of the full insurable value, unless reasonably commercially unavailable. The coverage for the perils of flood, earthquake, windstorm, tornado and hail may have deductibles not to exceed five percent (5%) of the total insurable value of the property per occurrencenet worth. Such insurance shall be on terms (i) that have an agreed amount endorsement or with no co-insurance provisions; and (ii) with no exclusions for vandalism, malicious mischief mischief, sprinkler leakage or sprinkler leakageterrorism. Boiler and Machinery Coverage shall be procured either by endorsement to the property policy or under a separate placement in an amount no less than one hundred percent (100% %) of the replacement cost or as otherwise approved in writing by Landlord. The property insurance required hereunder shall, subject to applicable sublimits, shall (a) cover loss sustained when access to all or a portion of a Building is prevented due to an insured peril at a location in the vicinity of the Premises; (b) cover loss sustained due to the action of a public authority preventing access to the a Building provided such order is the direct result of physical damage of the type insured against at the such Building or within 1,000 feet of it; (c) insure loss caused by damage or mechanical breakdown; (d) provide an ordinance or law extensionextension with the undamaged portion of the building included up to the building limit and at least a limit equal to 20% of the building limit for demolition and increased cost of construction; (e) cover loss sustained due to the accidental interruption or failure of supplies of electricity, gas, sewers, water or telecommunication up to the terminal point of the utility supplier with the Premises; (f) name Landlord as an Additional Insured and its lender(s) and other designees Landlord Mortgagee as loss payees and contain a lender loss payee endorsementthe Mortgagee; and (g) contain an endorsement providing coverage for cleanup of sudden and accidental pollution releases, with a sub-limit of at least One Hundred Ten Thousand and No/100 Dollars ($100,000.0010,000.00). In addition to the foregoing coverages on the each Building and other improvements upon the PropertyPremises, Tenant shall maintain property insurance covering Tenant’s machinery, equipment, furniture, fixtures, and all other Tenant’s Personal Property at a limit of liability determined by Tenant in its sole discretion. During the period of any restoration and repair of the PremisesPremises or any portion thereof, Tenant shall maintain an “all-risk” property policy or an “all-risk” Builder’s Risk policy, or equivalent insurance coverage, policy on a completed value basis for the full replacement cost of the property being repaired and restored, if and when there is a structural restoration and/or major repair required at any Building (to the Buildingextent available). To the extent any portion of the Premises is located within a Special Flood Hazard Area, Tenant shall maintain NFIP flood insuranceinsurance for the Premises.
B. During the Term, Tenant shall also provide and maintain the following insurance at the terms and in the limits specified below:
Appears in 1 contract
Samples: Lease Agreement (Citi Trends Inc)
Tenant’s Insurance Obligations. A. (a) During the Term, Tenant shall provide and maintain property insurance on the Building and other improvements on the Property Premises on an all-risk basis against physical loss or damage by fire and all other risks and perils, including but not limited to, windstorm, including named windstorm, hail, mudslide and terrorism, in amounts no less than the full replacement cost, excluding excavations, footings and foundations, and with a deductible no greater than (i) One Million Twenty Five Thousand and No/100 Dollars ($1,000,000.0025,000) from the Effective Date through May 31, 2021; for all perils except flood (ii) Two Million which shall have a deductible no greater than One Hundred Thousand and No/100 Dollars ($2,000,000.00) from June 1100,000.00)), 2021 through May 31[earthquake (if required herein, 2022; which shall have a deductible no greater than the greater of $50,000.00 or 10%),]5 and (iii) Five Million and No/100 Dollars ($5,000,000.00) thereafter. Tenant’s property insurance shall also include coverage for the perils of flood, earthquake, windstorm, tornado including named windstorm, or hail (which shall have a deductible no greater than 5%). [Earthquake coverage shall only be required if the Premises are deemed to have an SEL (scenario expected loss) of 20% or higher, with minimum coverage equivalent to the greater of 1.0x SUL (scenario upper loss) and hail in amounts 1.5x SEL (scenario expected loss) multiplied by the full replacement cost of the full insurable value, unless reasonably commercially unavailable. The coverage for the perils of flood, earthquake, windstorm, tornado and hail may have deductibles not to exceed five percent (5%) of the total insurable value of the property per occurrenceBuilding]6. Such insurance shall be on terms (i) that have an agreed amount endorsement or with no co-insurance provisions; and (ii) with no exclusions for vandalism, malicious mischief mischief, sprinkler leakage or sprinkler leakageterrorism. Boiler and Machinery Coverage Coverage, also referred to as Equipment Breakdown Coverage, shall be procured either by endorsement to the property policy or under a separate placement in an amount no less than one hundred percent (100% %) of the replacement cost or as otherwise approved in writing by Landlord. The property insurance required hereunder shall, subject to applicable sublimits, shall (ai) cover at least 30 days’ loss sustained when access to all or a portion of a Building is prevented due to an insured peril at a location in the vicinity of the PremisesPremises (such requirement may be satisfied by way of “egress/ingress” coverage/endorsement); (bii) cover loss sustained due to the action of a public authority preventing access to the Building provided if such order is the direct result of physical damage of the type insured against at the such Building or within 1,000 feet of it, together with an ordinance or law extension for the period of any restoration with the undamaged portion of the Building included up to the Building limit and at least a limit equal to twenty percent (20%) or the Building limit for demolition and increased cost of construction (such requirement may be satisfied by way of “civil authority” coverage/endorsement); (ciii) insure loss caused by damage equipment or mechanical breakdown; (d) provide an ordinance or law extension; (eiv) cover loss sustained due to the accidental interruption or failure of supplies of electricity, gas, sewers, water or telecommunication up to the terminal point of the utility supplier with the Premises; (fv) name Landlord as an Additional Insured and its lender(sLoss Payee, as designated by Landlord; (vi) and other designees name any Landlord’s Mortgagee as loss payees mortgagee and contain a lender lender’s loss payee endorsementpayable endorsement (or the equivalent thereof) in favor of said Landlord’s Mortgagee; and (gvii) contain an endorsement providing coverage for cleanup of sudden and accidental pollution releases, with a sub-limit of at least One Hundred Thousand and No/100 Dollars ($100,000.00)Dollars. In addition to the foregoing coverages on the Building and other improvements upon the PropertyBuilding, Tenant shall maintain property insurance covering Tenant’s machinery, equipment, furniture, fixtures, and all other Tenant’s Personal Property at a limit of liability 5 The bracketed language will only be included for those leases that cover the properties requiring Earthquake Coverage (collectively, the “Earthquake Coverage Properties”). The bracketed language will be deleted from all other leases. 6 The bracketed language will only be included for those leases that cover the Earthquake Coverage Properties and will be deleted from all other leases. determined by Tenant in its sole discretion. During the period of any restoration and repair of the PremisesPremises or any portion thereof, Tenant shall maintain an “all-risk” property policy or an “all-risk” Builder’s Risk policy, or equivalent insurance coverage, policy on a completed value basis for the full replacement cost of the property being repaired and restored, if and when there is a structural restoration and/or major repair required at any Building. All parties with an insurable interest, including Landlord and any Landlord Mortgagee, must be additional insureds and/or loss payees, as designated by Landlord, under the Buildingforegoing property or builder’s risk policy. To the extent any portion of the Premises is located within a Special Flood Hazard Area, Tenant shall maintain NFIP flood insurance., to the extent NFIP will provide such coverage, for the Premises and name Landlord as an additional named insured.
B. (b) During the Term, Tenant shall also provide and maintain the following insurance at the terms and in the limits specified belowbelow for the Premises:
Appears in 1 contract
Tenant’s Insurance Obligations. A. During the Term, Tenant shall provide and maintain property insurance on the Building and other improvements on the Property Premises on an all-risk basis against physical loss or damage by fire and all other risks and perils, including but not limited to, flood, earthquake, and windstorm, in amounts no less than the full replacement cost, excluding excavations, footings and foundations, and with a deductible no greater than : (i) One Million and No/100 Dollars ($1,000,000.00) 250,000.00 from the Effective Date through May July 31, 20212024; and (ii) Two Million and No/100 Dollars ($2,000,000.00) 500,000.00 from June August 1, 2021 2024 through May 31the end of the Term and any Renewal Term. Notwithstanding anything contained herein to the contrary, 2022; and (iii) Five Million and No/100 Dollars ($5,000,000.00) thereafter. Tenant’s property insurance shall also include coverage for the perils of flood, earthquake, windstorm, tornado and hail in amounts of the full insurable value, unless reasonably commercially unavailable. The coverage for the perils of flood, earthquake, windstorm, tornado and hail may have deductibles not to exceed five percent (5%) of the total insurable value of the property Site per occurrence. Such insurance shall be on terms (i) that have an agreed amount endorsement or with no co-insurance provisions; and (ii) with no exclusions for vandalism, malicious mischief or sprinkler leakage. Boiler and Machinery Coverage shall be procured either by endorsement to the property policy or under a separate placement in an amount no less than 100% of the replacement cost or as otherwise approved in writing by Landlord. The property insurance required hereunder shall, subject to applicable sublimits, shall (a) cover loss sustained when access to all or a portion of a Building is prevented due to an insured peril at a location in the vicinity of the Premisesapplicable Site; (b) cover loss sustained due to the action of a public authority preventing access to the a Building provided such order is the direct result of physical damage of the type insured against at the such Building or within 1,000 feet of it; (c) insure loss caused by damage or mechanical breakdown; (d) provide an ordinance or law extension; (e) cover loss sustained due to the accidental interruption or failure of supplies of electricity, gas, sewers, water or telecommunication up to the terminal point of the utility supplier with the Premisesany Site; (f) name Landlord and its lender(s) and other designees as loss payees and contain a lender loss payee endorsement; and (g) contain an endorsement providing coverage for cleanup of sudden and accidental pollution releases, with a sub-limit of at least One Hundred Thousand and No/100 Dollars ($100,000.00). In addition to the foregoing coverages on the each Building and other improvements upon the Propertyany Site, Tenant shall maintain property insurance covering Tenant’s machinery, equipment, furniture, fixtures, and all other Tenant’s Personal Property at a limit of liability determined by Tenant in its sole discretion. During the period of any restoration and repair of the Premisesany Site or any portion thereof, Tenant shall maintain an “all-risk” Builder’s Risk policy, or equivalent insurance coverage, policy on a completed value basis for the full replacement cost of the property being repaired and restored, if and when there is a structural restoration and/or major repair required at the any Building. To the extent any portion of the Premises any Site is located within a Special Flood Hazard Area, Tenant shall maintain NFIP flood insuranceinsurance for such Site.
B. During the Term, Tenant shall also provide and maintain the following insurance at the terms and in the limits specified belowbelow for each Site:
Appears in 1 contract
Samples: Master Lease Agreement (Cracker Barrel Old Country Store, Inc)