Tenant’s Insurance Requirements. Tenant shall maintain the following insurance: A. liability insurance policy or policies in an amount or amounts sufficient, in Landlord’s opinion, to indemnify Landlord or pay Landlord’s damages, if any, resulting from any matter set forth in this Lease. Such insurance shall be written on a comprehensive basis with inclusive limits of not less than Two Million Dollars $2,000,000 for each occurrence for bodily injury and property damage or such higher limits as Landlord, acting reasonably, may require from time to time. The limit of said insurance shall not, however, limit the liability of Tenant hereunder. Landlord shall be named on all liability policies maintained by Tenant. All such policies shall name Landlord and Landlord’s mortgagee, if any, as additional insureds, as their interests may appear. B. any other insurance required for compliance with any and all applicable statutes, laws, ordinances, codes, rules and regulations of any and all governmental and/or quasi-governmental agencies and bodies. C. any other insurance which may be reasonably required by Landlord or its mortgagee(s) or ground or underlying lessor(s). D. prior to the delivery of possession of the Leased Premises to Tenant, Tenant shall deliver to Landlord and any additional named insured(s), certificates from the company(ies) issuing such insurance as to the coverages afforded and the existence, in force, of such fully paid for policies. E. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof and Tenant shall deliver to Landlord and any additional named insured(s), certificates as to such renewal policy(ies) at least thirty (30) days before the expiration of any existing policy(ies). Tenant’s insurance shall at all times be primary with respect to any insurance carried by Landlord and its agents and any such coverage of Landlord and its agents shall be deemed to be excess insurance. Each such policy shall be written with a company acceptable to Landlord and authorized to engage in business of general liability insurance and/or fire and extended coverage and/or other insurance, as the case may be, in the State of Florida. It is understood that Landlord shall not be obligated to approve any company with a rating less than “A” in the then current edition of Best’s Key Rating Guide. All such policies shall name insured(s) designated by Landlord under such policies as their respective interests may appear and shall contain provisions to the effect that such policies shall not be cancelled without at least thirty (30) days prior written notice from the insurance company to Landlord, sent via certified mail, return receipt requested. Each policy shall also specify that Tenant shall be solely responsible for payment of premiums and that Landlord shall not be required to pay any premiums for such insurance. All insurance policies herein required to be procured by Tenant shall contain an express waiver of any right of subrogation by the insurance company against Landlord and Landlord’s mortgagee(s), if any. Each policy shall also specify any exclusions from coverage and such exclusions shall be subject to Landlord’s approval.
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Samples: Lease Agreement, Lease Agreement (Omnicomm Systems Inc)
Tenant’s Insurance Requirements. Tenant shall maintain at all times during the Term, keep in full force and effect, at its sole cost and expense, with respect to the Building and Premises, the following insurancetypes of insurance in the amounts specified:
A. (i) A commercial general public liability policy of insurance policy with limits of liability not less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury or policies death, or property damage.
(ii) Fire and extended coverage insurance covering the structure of the Building and all other structural improvements (excluding Tenant's trade fixtures, furnishings and equipment) against loss or damage by fire, flood, windstorm, hail, smoke damage and vandalism and malicious mischief and such other risks as are from time to time covered under an "extended coverage" endorsement in an amount or amounts sufficientequal to the full replacement cost of the Building, in Landlord’s opinion, as reasonably determined by Landlord and Tenant. The proceeds from any such policy shall be paid to indemnify the Landlord or pay Landlord’s damages, if any, resulting from any matter Tenant pursuant to the terms and conditions set forth in Paragraph 13 of this Lease. Such insurance In the event Tenant elects not to reconstruct the Building, the proceeds from any such policy shall be written on a comprehensive basis paid to Landlord in accordance with inclusive limits the terms and conditions of not less than Two Million Dollars $2,000,000 for each occurrence for bodily injury Paragraph 13 below. All policies of insurance required to be maintained by Tenant under Paragraph 9(A)(i) and property damage or such higher limits as Landlord, acting reasonably, may require from time to time. The limit of said insurance shall not, however, limit the liability of Tenant hereunder. Landlord 9(A)(ii) shall be named on all liability policies maintained issued by Tenant. All such policies an insurance company licensed to do business in Wisconsin with a “General Policyholders Rating” of at least A-, VI, and shall name Landlord and Landlord’s mortgagee, if any, as additional insureds, as their interests may appear.
B. any other insurance required for compliance with any and all applicable statutes, laws, ordinances, codes, rules and regulations of any and all governmental and/or quasi-governmental agencies and bodies.
C. any other insurance which may be reasonably required by Landlord or its mortgagee(s) or ground or underlying lessor(s).
D. prior to the delivery of possession of the Leased Premises to Tenant, Tenant shall deliver to Landlord and any additional named insured(s), certificates from the company(ies) issuing such insurance as to the coverages afforded and the existence, parties in force, of such fully paid for policies.
E. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof and Tenant shall deliver to Landlord and any additional named insured(s), certificates as to such renewal policy(ies) at least thirty (30) days before the expiration of any existing policy(ies). Tenant’s insurance shall at all times be primary with respect to any insurance carried by Landlord and its agents and any such coverage of Landlord and its agents shall be deemed to be excess insurance. Each such policy shall be written with a company acceptable to Landlord and authorized to engage in business of general liability insurance and/or fire and extended coverage and/or other insurance, as the case may be, in the State of Florida. It is understood that Landlord shall not be obligated to approve any company with a rating less than “A” in the then current edition of Best’s Key Rating Guide. All such policies shall name insured(s) interest designated by Landlord under such policies as additional insured and loss payee as their respective interests may appear appear, and shall contain provisions a provision that the insurer will not cancel, change or fail to renew the effect that such policies shall not be cancelled insurance without at least giving Landlord thirty (30) days prior written notice from notice. Tenant's obligation to provide the insurance company required under this subsection may be satisfied by a blanket policy or policies of insurance carried and maintained by Tenant provided that the coverage afforded Tenant will not be reduced or diminished or otherwise be different from that which would exist under a separate policy meeting the requirements of this Lease. Tenant shall furnish to Landlord such evidence, including copies of such policies, as Landlord may require to ensure that the insurance referred to in this Paragraph 9 is in full force and effect and that the premiums therefor have been paid. In the event of overlapping coverage between Tenant’s insurance and insurance carried by Landlord, sent via certified mail, return receipt requested. Each policy shall also specify that Tenant shall Tenant’s insurance coverage will be solely responsible for payment of premiums and that Landlord shall not be required to pay any premiums for such insurance. All insurance policies herein required deemed to be procured by Tenant shall contain an express waiver of any right of subrogation by the insurance company against Landlord and Landlord’s mortgagee(s), if any. Each policy shall also specify any exclusions from coverage and such exclusions shall be subject to Landlord’s approvalprimary coverage.
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Tenant’s Insurance Requirements. Tenant, at its sole cost and expense, shall, at all times procure during the Lease term, pay for and keep in full force and effect: (i) a commercial general liability policy, including insurance covering assumed or contractual liability under this Lease with respect to the Premises and the operation of Tenant shall maintain and any subtenants of Tenant in, on or about the following insurance:
A. liability insurance policy or policies in an amount or amounts sufficientPremises, in Landlord’s opinion, which the limits with respect to indemnify Landlord or pay Landlord’s damages, if any, resulting from any matter set forth in this Lease. Such insurance personal liability and property damage shall be written on a comprehensive basis with inclusive limits of usual and. customary for like properties but shall be not less than Two Million Dollars ($2,000,000 2,000,000) per occurrence; (ii) casualty insurance against loss or damage by fire and other risks in the amount of the full replacement cost for each occurrence for bodily injury all of Tenant’s improvements to the Premises, trade fixtures, equipment and property damage personal property; (iii) worker’s compensation coverage as required by law; and (iv) with respect to alterations, improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builder’s risk insurance, in amounts reasonably satisfactory to Landlord. All policies of insurance required to be carried by Tenant pursuant to this Section 16 shall be written by responsible insurance companies authorized to do business in the state where the Premises are located. Each policy evidencing insurance required to be carried by Tenant pursuant to this Section 16 shall contain the following provisions and/or clauses: (i) a provision that such higher limits as policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord, acting reasonably, may require from time to time. The limit of said insurance shall not, however, limit the liability of Tenant hereunder. and that any coverage carried by Landlord shall be named on all liability policies maintained by Tenant. All such policies shall name excess insurance; (ii) a provision including Landlord and Landlord’s mortgageemortgagee as an insured (except with respect to worker’s compensation insurance and insurance covering Tenant’s trade fixtures, if anypersonal property and equipment); (iii) with respect to Tenant’s casualty insurance only, as additional insureds, as their interests may appear.
B. any other insurance required for compliance with any and all applicable statutes, laws, ordinances, codes, rules and regulations a waiver by the insurer of any right of subrogation against Landlord and all governmental and/or quasi-governmental agencies its respective agents, employees and bodies.
C. representatives which arise or might arise by reason of any other insurance which may be reasonably required payment under such policy or by reason of any act or omission of Landlord and its respective agents, employees or its mortgagee(srepresentatives; (iv) a severability clause; and (v) a provision that the insurer will not cancel, materially change or ground fail to renew the coverage provided by such policy without giving Landlord and Landlord’s mortgagee thirty (30) days’ prior written notice. On or underlying lessor(s).
D. prior to the delivery of possession of the Leased Premises to TenantCommencement Date, Tenant shall deliver to Landlord certificates of the insurers, evidencing all of the insurance which is required to be maintained by Tenant hereunder and any additional named insured(s), certificates from the company(ies) issuing such insurance as to the coverages afforded and the existence, in force, of such fully paid for policies.
E. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof and Tenant shall deliver to Landlord and any additional named insured(s), certificates as to such renewal policy(ies) at least thirty (30) days before the expiration of any existing policy(ies). Tenant’s insurance shall at all times be primary with respect to any insurance carried by naming Landlord and its agents and any such coverage of Landlord and its agents shall be deemed to be excess insurance. Each such policy shall be written with a company acceptable to Landlord and authorized to engage mortgagee in business of general liability insurance and/or fire and extended coverage and/or other insurance, as the case may be, in the State of Florida. It is understood that Landlord shall not be obligated to approve any company with a rating less than “A” in the then current edition of Best’s Key Rating Guide. All such policies shall name insured(s) designated by Landlord under such policies as their respective interests may appear capacity as required herein, together with evidence of the payment of all premiums therefor, and shall contain provisions to the effect that such policies shall not be cancelled without at least Tenant shall, within thirty (30) days prior written notice from to the expiration of any such insurance, deliver other certificates of the insurers evidencing the renewal or replacement of such insurance company to Landlord, sent via certified mail, return receipt requestedtogether with evidence of the payment of all premiums therefor. Each policy shall also specify In the event that Tenant fails to procure, maintain and/or pay for, at the times and for the durations specified in this Section 16, any insurance required by this Section 16 or fails to carry insurance required by law or governmental regulation, Landlord may (but without obligation to do so) at any time or from time to time, and without notice, procure such insurance (other than worker’s compensation insurance) and pay the premiums therefor, in which event Tenant shall be solely responsible for payment of premiums repay to Landlord all sums so paid by Landlord together with interest thereon as provided elsewhere herein and that any costs or expenses incurred by Landlord shall not be required in connection therewith, within ten (10) days following Landlord’s written demand to pay any premiums Tenant for such insurance. All insurance policies herein required to be procured by Tenant shall contain an express waiver of any right of subrogation by the insurance company against Landlord and Landlord’s mortgagee(s), if any. Each policy shall also specify any exclusions from coverage and such exclusions shall be subject to Landlord’s approvalpayment.
Appears in 1 contract
Samples: Sublease Agreement (Knology Inc)
Tenant’s Insurance Requirements. Upon request from Landlord, Tenant shall maintain provide Landlord with written evidence that all insurance required under Section 9 is in force. Insurance required of Tenant under Section 9 shall be in companies duly licensed to transact business in the following insurance:
A. liability insurance state where the Premises are located, and maintaining during the policy term a “General Policyholders Rating” of at least A-V, or policies in an amount or amounts sufficientsuch other rating as may be required by a Lender, in Landlord’s opinion, to indemnify Landlord or pay Landlord’s damages, if any, resulting from any matter as set forth in this Lease. Such the most current issue of “Best’s Insurance Guide.” Tenant covenants and agrees to obtain all other insurance shall be written on a comprehensive basis with inclusive limits of not less than Two Million Dollars $2,000,000 for each occurrence for bodily injury coverages, and property damage or such higher limits as Landlord, acting reasonably, may require from time to time. The limit of said insurance shall not, however, limit the liability of Tenant hereunder. Landlord shall be named on all liability policies endorsements customarily maintained by Tenant. All such policies shall name Landlord companies in the general business and Landlord’s mortgageeuse, if any, as additional insureds, as their interests may appear.
B. any other insurance required for compliance with any and all applicable statutes, laws, ordinances, codes, rules and regulations of any and all governmental and/or quasi-governmental agencies and bodies.
C. any other insurance which may be or reasonably required requested by Landlord or its mortgagee(s) or ground or underlying lessor(s).
D. prior to the delivery of possession of the Leased Premises to Tenant, Tenant shall deliver to Landlord and any additional named insured(s), certificates from the company(ies) issuing such insurance as to the coverages afforded and the existence, in force, of such fully paid for policies.
E. Tenant shall procure and pay for renewals of such insurance from time to time including, without limitation, business interruption insurance. Tenant acknowledges that Landlord is not obligated to maintain any insurance or extended coverage insurance with respect to damage to any plate glass or other glass located in the Premises. Tenant shall be entitled to obtain any such insurance for plate glass or other glass located in the Premises; provided, however, that Tenant shall be obligated to replace any damaged or broken or plate glass or other glass located in the Premises, whether or not Tenant has obtained such insurance coverage. Tenant shall not do or permit to be done anything, which shall invalidate the insurance policies referred to in this Section 9. Tenant shall cause to be delivered to Landlord, within seven (7) days before the expiration thereof earlier of the Delivery Date or the Commencement Date evidence of the existence and Tenant amounts of, the insurance required under Section 9.2(a) and 9.4. No such policy shall deliver be cancelable or subject to Landlord and any additional named insured(s), certificates as to such renewal policy(ies) at least modification except after thirty (30) days before the expiration of any existing policy(ies)prior written notice to Landlord. Tenant’s insurance Tenant shall at all times be primary with respect to any insurance carried by Landlord and its agents and any such coverage of Landlord and its agents shall be deemed to be excess insurance. Each such policy shall be written with a company acceptable to Landlord and authorized to engage in business of general liability insurance and/or fire and extended coverage and/or other insurance, as the case may be, in the State of Florida. It is understood that Landlord shall not be obligated to approve any company with a rating less than “A” in the then current edition of Best’s Key Rating Guide. All such policies shall name insured(s) designated by Landlord under such policies as their respective interests may appear and shall contain provisions to the effect that such policies shall not be cancelled without at least thirty (30) days prior written notice from to the expiration of such policies, furnish Landlord with evidence of renewals or “insurance company binders” evidencing renewal thereof, or Landlord may order such insurance and charge the cost thereof to LandlordTenant, sent via certified mail, return receipt requested. Each policy shall also specify that Tenant which amount shall be solely responsible for payment of premiums and that Landlord shall not be required to pay any premiums for such insurance. All insurance policies herein required to be procured payable by Tenant shall contain an express waiver of any right of subrogation by the insurance company against to Landlord and Landlord’s mortgagee(s), if any. Each policy shall also specify any exclusions from coverage and such exclusions shall be subject to Landlord’s approvalupon demand.
Appears in 1 contract
Samples: Industrial Multi Tenant Lease (Ironclad Performance Wear Corp)
Tenant’s Insurance Requirements. Tenant shall maintain procure at its cost and expense and keep in effect during the Term the following insurance:
A. (i) A policy of Commercial General Liability insurance written on an occurrence form insuring Landlord, any Mortgagee and Tenant against any liability insurance policy arising out of the ownership, use, occupancy, maintenance, repair or policies in an amount or amounts sufficient, in Landlord’s opinion, to indemnify Landlord or pay Landlord’s damages, if any, resulting from any matter set forth in this Leaseimprovement of the Premises and as appurtenant thereto. Such insurance shall be written on a comprehensive basis with inclusive limits of not less than Two Million Dollars provide $2,000,000 for each occurrence 3,000,000 combined single limit for bodily injury and property damage or such higher limits as Landlord, acting reasonably, may require from time to timedamage. The limit limits of said insurance shall not, however, limit the liability of the Tenant hereunder, and Tenant is responsible for ensuring that the amount of liability insurance carried by Tenant is sufficient for Tenant's purposes. Tenant may carry said insurance under a blanket policy so long as "per location" liability aggregate limit is maintained, satisfactory to Landlord. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not be named on all liability policies maintained by required to, procure and maintain same, but at the expense of Tenant. All such policies shall name Landlord and Landlord’s mortgagee, if any, as additional insureds, as their interests may appear.
B. any other insurance required for compliance with any and all applicable statutes, laws, ordinances, codes, rules and regulations of any and all governmental and/or quasi-governmental agencies and bodies.
C. any other insurance which may be reasonably required by Landlord or its mortgagee(s) or ground or underlying lessor(s).
D. prior to the delivery of possession of the Leased Premises to Tenant, Tenant shall deliver to Landlord prior to occupancy of the Premises copies of policies of liability insurance required herein and any additional named insured(s), certificates from evidencing the company(ies) issuing such insurance as to the coverages afforded existence and the existence, in force, of such fully paid for policies.
E. Tenant shall procure and pay for renewals amounts of such insurance from time to time before the expiration thereof and Tenant shall deliver to which name Landlord and any Mortgagee as additional named insured(s), certificates as insured with evidence satisfactory to such renewal policy(ies) at least Landlord of payment of premiums. No policy shall be cancelable or subject to reduction of coverage except after thirty (30) days before the expiration of any existing policy(ies)days' prior written notice to Landlord. Tenant’s Tenant acknowledges and agrees that insurance shall at all times be primary with respect to any insurance coverage carried by Landlord will not cover Tenant's property within the Premises and its agents and any such coverage of Landlord and its agents shall be deemed to be excess insurance. Each such policy shall be written with a company acceptable to Landlord and authorized to engage in business of general liability insurance and/or fire and extended coverage and/or other insurance, as the case may be, in the State of Florida. It is understood that Landlord shall not be obligated to approve any company with a rating less than “A” in the then current edition of Best’s Key Rating Guide. All such policies shall name insured(s) designated by Landlord under such policies as their respective interests may appear and shall contain provisions to the effect that such policies shall not be cancelled without at least thirty (30) days prior written notice from the insurance company to Landlord, sent via certified mail, return receipt requested. Each policy shall also specify that Tenant shall be solely responsible responsible, at Tenant's sole cost and expense, for payment providing insurance coverage for Tenant's movable equipment, furnishing, trade fixtures and other personal property in or upon the Premises and for any alterations, additions or improvements to or of premiums the Premises or any part thereof made by Tenant, in the event of damage or loss thereto from any cause whatsoever.
(ii) Business interruption and that Landlord shall not extra expense insurance, insuring Tenant against losses arising from the interruption of Tenant's business, and for lost profits, and charges and expenses which continue but would have been earned if the business had gone on without interruption, insuring against such perils, in such form as is reasonably satisfactory to Landlord, in an amount up to One Million Dollars ($1,000,000). Such insurance should be required to pay any premiums for such insurance. All insurance policies herein required to be procured by on an agreed amount basis with no coinsurance payable.
(iii) Tenant shall contain an express waiver maintain a policy or policies of fire and property damage insurance in "special" (also known as "all risk") form with a sprinkler leakage endorsement insuring the personal property, inventory, trade fixtures, and if applicable boiler and machinery, within the Premises for the full replacement value thereof. The proceeds from any right of subrogation by the insurance company against Landlord and Landlord’s mortgagee(s), if any. Each policy shall also specify any exclusions from coverage and such exclusions policies shall be subject to Landlord’s approvalused for the repair or replacement of such items so insured.
Appears in 1 contract
Tenant’s Insurance Requirements. Tenant shall maintain shall, at its sole cost and expense, commencing as of the following insurancedate Tenant is given access to the demised premises for any purpose and throughout the entire term of this Lease, procure, pay for and keep in full force and effect:
A. (a) Comprehensive liability insurance policy with respect to the demised premises and the operations of or policies on behalf of Tenant in, on or about the demised premises, including but not limited to personal injury, product liability (if applicable), blanket contractual, owner's protective, broad form property damage liability coverage, host liquor liability and owned and non-owned automobile liability in an amount or amounts sufficient, in Landlord’s opinion, to indemnify Landlord or pay Landlord’s damages, if any, resulting from any matter set forth in this Lease. Such insurance shall be written on a comprehensive basis with inclusive limits of not less than Two Million Dollars $2,000,000 3,000,000.00 combined single limit. Such policy shall contain the following provisions:
(i) Severability of interest;
(ii) Cross liability;
(iii) An endorsement stating "such insurance as is afforded by this policy for each occurrence for bodily injury and property damage or such higher limits as Landlord, acting reasonably, may require from time to time. The limit the benefit of said insurance shall not, however, limit the liability of Tenant hereunder. Landlord shall be named on all primary as respects any liability policies maintained or claims arising out of the occupancy of the demised premises by Tenant. All such policies shall name Landlord , or Tenant's operations and Landlord’s mortgagee, if any, as additional insureds, as their interests may appear.
B. any other insurance required for compliance with any and all applicable statutes, laws, ordinances, codes, rules and regulations of any and all governmental and/or quasi-governmental agencies and bodies.
C. any other insurance which may be reasonably required by Landlord or its mortgagee(s) or ground or underlying lessor(s).
D. prior to the delivery of possession of the Leased Premises to Tenant, Tenant shall deliver to Landlord and any additional named insured(s), certificates from the company(ies) issuing such insurance as to the coverages afforded and the existence, in force, of such fully paid for policies.
E. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof and Tenant shall deliver to Landlord and any additional named insured(s), certificates as to such renewal policy(ies) at least thirty (30) days before the expiration of any existing policy(ies). Tenant’s insurance shall at all times be primary with respect to any insurance carried by Landlord and its agents and any such coverage of Landlord and its agents shall be deemed excess and noncontributory"; and
(iv) With respect to improvements, alterations and the like required or permitted to be excess made by Tenant hereunder, contingent liability and builder's risk insurance.
(b) Worker's compensation coverage as required by law, together with employer's liability coverage.
(c) All policies of insurance required to be carried by Tenant pursuant to these requirements shall be written by responsible insurance companies authorized to do business in the State of California. Each All such insurance required by Tenant hereunder may be furnished by Tenant under any blanket policy carried by it or under a separate policy therefor. A copy of each paid up policy evidencing such insurance or a certificate of insurance evidencing such policy shall be written with a company acceptable delivered to Landlord prior to the date Tenant is given the right of possession of the demised premises, and authorized upon renewals, prior to engage in business the expiration of general such coverage. In no event shall the then limits of any policy be considered as limiting the liability of Tenant under this Lease.
(d) Each policy evidencing above insurance and/or fire shall contain a provision including Landlord, Landlord's managing agent and extended coverage and/or other insuranceany lenders on the demised premises as additional insureds.
(e) In the event that Tenant fails to maintain and pay for insurance required by this Article, as Landlord may (but without obligation to do so) procure such insurance and pay the case may bepremiums therefor, in the State of Florida. It is understood that which event Tenant shall repay Landlord shall not be obligated to approve any company with a rating less than “A” in the then current edition of Best’s Key Rating Guide. All such policies shall name insured(s) designated all sums so paid by Landlord under such policies as their respective interests may appear and shall contain provisions to the effect that such policies shall not be cancelled without at least thirty within twenty (3020) days prior following Landlord's written notice from the insurance company demand to Landlord, sent via certified mail, return receipt requested. Each policy shall also specify that Tenant shall be solely responsible for payment of premiums and that Landlord shall not be required to pay any premiums for such insurance. All insurance policies herein required to be procured by Tenant shall contain an express waiver of any right of subrogation by the insurance company against Landlord and Landlord’s mortgagee(s), if any. Each policy shall also specify any exclusions from coverage and such exclusions shall be subject to Landlord’s approvalpayment.
Appears in 1 contract
Samples: Lease Agreement (Wet Seal Inc)
Tenant’s Insurance Requirements. Tenant shall shall, at its sole expense, maintain in effect from and after the following insurance:
A. liability Commencement Date and continuously thereafter until the Ending Date, the policies of insurance policy or required under this Article 6. All policies in an amount or amounts sufficient, in Landlord’s opinion, that Tenant is required to indemnify Landlord or pay Landlord’s damages, if any, resulting from any matter set forth in maintain under this Lease. Such insurance Article shall be written on issued by companies licensed to do business in California with a comprehensive basis with inclusive limits general policyholder’s rating of not less than Two Million Dollars $2,000,000 for each occurrence for bodily injury “A+” and property damage a financing rating of not less than Class “X”, as rated by the most current available “Bests” Insurance Reports and shall be in a form (without any additions or such higher limits as deletions unless approved in writing by Landlord) and underwritten by companies acceptable to Landlord with an express waiver of subrogation against Landlord and its managing agent. On or before the Commencement Date, acting reasonably, may require from time Tenant shall furnish Landlord with evidence acceptable to time. The limit of said insurance shall not, however, limit Landlord that (I) the liability of Tenant hereunder. policies (or a binder thereof) required pursuant to this Article are in effect and (ii) Landlord shall be named on all liability policies maintained notified by Tenant. All such policies shall name Landlord and Landlord’s mortgagee, if any, as additional insureds, as their interests may appear.
B. any other insurance required for compliance with any and all applicable statutes, laws, ordinances, codes, rules and regulations of any and all governmental and/or quasi-governmental agencies and bodies.
C. any other insurance which may be reasonably required by Landlord or its mortgagee(s) or ground or underlying lessor(s).
D. prior to the delivery of possession of the Leased Premises to Tenant, Tenant shall deliver to Landlord and any additional named insured(s), certificates from the company(ies) issuing such insurance as to the coverages afforded and the existence, carrier in force, of such fully paid for policies.
E. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof and Tenant shall deliver to Landlord and any additional named insured(s), certificates as to such renewal policy(ies) at least thirty (30) days before the expiration of any existing policy(ies). Tenant’s insurance shall at all times be primary with respect to any insurance carried by Landlord and its agents and any such coverage of Landlord and its agents shall be deemed to be excess insurance. Each such policy shall be written with a company acceptable to Landlord and authorized to engage in business of general liability insurance and/or fire and extended coverage and/or other insurance, as the case may be, in the State of Florida. It is understood that Landlord shall not be obligated to approve any company with a rating less than “A” in the then current edition of Best’s Key Rating Guide. All such policies shall name insured(s) designated by Landlord under such policies as their respective interests may appear and shall contain provisions to the effect that such policies shall not be cancelled without at least writing thirty (30) days prior written notice from the insurance company to Landlordcancellation, sent via certified mailmaterial change, return receipt requestedor nonrenewal of such insurance. Each policy shall also specify The policies that Tenant is required to obtain pursuant to this Article shall name Landlord and, upon Landlord’s request, and Landlord’s Lender and/or Landlord’s managing agent Company as additional insureds on Form CG 2026 or such other equivalent form as may be approved by Landlord and shall be solely responsible for payment of premiums primary policies, and that Landlord shall not be contributing with and shall be in excess of coverage which Landlord may have and shall be unaffected by any self-insurance Landlord may have regardless of whether any other insurance names Landlord as an insured or whether such insurance stands primary or secondary. If Tenant carries any of the insurance coverages required hereunder in the form of a blanket policy, any certificate required hereunder shall make specific reference to the Premises. Upon the reasonable request of Landlord from time to time, Tenant shall increase the limits of the policies that Tenant is required to pay any premiums for obtain under this Article and shall purchase and keep in force policies of such insuranceother types of insurance as required by law. All insurance policies herein required to be procured by Tenant shall contain an express waiver The limits of any right of subrogation by the insurance company against coverage required by Landlord or the unavailability of certain types of coverage shall not limit or release Tenant from any of its obligations under this Lease and Landlordthe existence of such insurance in no way changes, limits or restricts Tenant’s mortgagee(s), if any. Each policy shall also specify any exclusions from coverage and such exclusions shall be subject obligations to Landlord’s approval.
Appears in 1 contract
Tenant’s Insurance Requirements. (a) From and after the Commencement Date, and during the Term, Tenant shall, at its expense, secure and maintain general liability insurance written on a so-called “commercial” general liability form with combined single limit coverage (for personal injury, property damage or death arising out of any one (1) occurrence) in minimum limits of $ 1,000,000 per occurrence, including excess liability coverage, of at least $5,000,000 umbrella coverage, naming Landlord, Mortgagee of which Tenant has been advised and Landlord’s designees as additional insureds under the policy. Tenant shall maintain deliver to Landlord duplicate certificates of such insurance prior to taking occupancy of the following insurance:
A. liability Premises and shall deliver new certificates at least ten (10) days prior to the expiration of the existing coverage. Such certificates shall provide that in the event of termination or material change in coverage, Landlord shall be given thirty (30) days’ advance notice (except in the case of non-payment of premium in which case ten (10) days’ advance notice shall be given) in writing sent by certified mail to the notice address of Landlord under Section 34.1 herein. Such insurance policy or policies in an amount or amounts sufficientshall contain a waiver of the insurer’s right of subrogation against Landlord. Said coverage limit shall be increased if, in Landlord’s opinionreasonable judgment, increased limits are required to indemnify protect Landlord or pay Landlord’s damagesand Tenant against claims covered thereby, if anybut not more often than every three (3) years provided such other insurance may be obtained at commercially reasonable rates. If Tenant shall voluntarily carry any liability insurance in an amount greater than required hereunder, resulting from any matter set forth in this Lease. Such such insurance shall be written on a comprehensive basis comply with inclusive limits the requirements of not less than Two Million Dollars $2,000,000 for each occurrence for bodily injury this Section.
(b) Tenant shall maintain “special cause of loss property form” insurance covering the Premises and property damage or Tenant’s Property within the Premises, with replacement value coverage.
(c) Tenant shall obtain such higher limits other insurance in such amounts as Landlord, acting reasonably, may require from time to time. The limit of said insurance shall not, however, limit the liability of Tenant hereunder. Landlord shall be named on all liability policies maintained by Tenant. All such policies shall name Landlord and Landlord’s mortgagee, if any, as additional insureds, as their interests may appear.
B. any other insurance required for compliance with any and all applicable statutes, laws, ordinances, codes, rules and regulations of any and all governmental and/or quasi-governmental agencies and bodies.
C. any other insurance which may time be reasonably required by Landlord against other insurable hazards which at the time are commonly insured against, or its mortgagee(s) resulting from a change in local practice in the case of construction or ground or underlying lessor(s).
D. prior alteration of buildings and/or in the case of premises similarly situated, due regard being given to the delivery type of possession of the Leased Premises to Tenantbuilding, its location, construction, use and occupancy provided such other insurance may be obtained at commercially reasonable rates. When payment is made on any policy including a deductible, Tenant shall deliver to Landlord and any additional named insured(s), certificates from the company(ies) issuing pay such insurance as deductible amount to the coverages afforded and payee of the existence, in force, of such fully paid for policiesinsurance proceeds at the time the proceeds are paid.
E. (d) All insurance required to be maintained by Tenant shall procure under this Section and pay for all renewals of such insurance from time to time before the expiration thereof and Tenant shall deliver to Landlord and any additional named insured(s), certificates as to such renewal policy(ies) at least thirty (30) days before the expiration of any existing policy(ies). Tenant’s insurance shall at all times be primary with respect to any insurance carried by Landlord and its agents and any such coverage of Landlord and its agents shall be deemed issued by good and responsible companies qualified to be excess insurance. Each such policy shall be written with a company acceptable to Landlord do and authorized to engage in doing business of general liability insurance and/or fire and extended coverage and/or other insurance, as the case may be, in the State of FloridaConnecticut and having Standard & Poor’s Corporation claims paying ability rating of at least “A” and shall be satisfactory to Landlord and Mortgagee. It In the event that Tenant’s insurance company’s Standard & Poor’s Corporation claims paying ability rating falls below an “A” rating, unless Landlord and Mortgagee consent to an insurance company with a lower rating, Tenant shall diligently, and in all events within not more than 180 days after becoming aware of the insurance company’s downgrade, acquire all insurance required to be maintained by Tenant hereunder from a new insurance company having Standard & Poor’s Corporation claims paying ability rating of at least "A”; provided however, that at no time shall Tenant permit any insurance policy to lapse. Deductible amounts in excess of $250,000 for insurance required by subsection (a) above shall be subject to Landlord’s and Mortgagee’s prior written approval (such approval, in the case of Landlord, not to be unreasonably withheld, delayed or conditioned). In the event payment is understood made on any policy where a deductible amount is in effect, Tenant shall pay such deductible amount to the recipient of the insurance proceeds at the time such insurance proceeds are paid to such recipient. Bach policy to be maintained by Tenant shall expressly provide that Landlord the policy shall not be obligated to approve any company with a rating less than “A” in the then current edition of Best’s Key Rating Guide. All such policies shall name insured(s) designated by Landlord under such policies as their respective interests may appear and shall contain provisions to the effect that such policies shall not be cancelled canceled or altered without at least thirty (30) days prior written notice from to Landlord and Mortgagee and shall remain in effect notwithstanding any such cancellation or alteration until such notice shall have been given to Landlord and Mortgagee and such period of thirty (30) days shall have expired. All property and casualty insurance shall list Landlord and (so long as Tenant shall have been provided the name and other relevant information) Mortgagee as additional insureds and as “loss payess”, and all other insurance company under this Section to be maintained by Tenant shall name Landlord and the Mortgagee as additional insureds, All insurance shall be primary and noncontributing with any insurance which may be carried by Landlord, sent via certified mailshall afford coverage for all claims based on any act, return receipt requestedomission, event or condition that occurred or arose (or the onset of which occurred or arose) during the policy period. Each Upon the issuance of each such policy shall also specify that to be maintained by Tenant, Tenant shall be solely responsible deliver a certificate thereof (Accord 27 form) to Landlord for payment retention by Landlord or the Mortgagee. Landlord and/or Mortgagee, shall have the right, upon seasonable notice to Tenant, to inspect, review and make copies of premiums and that Landlord shall not be required to pay any premiums for such insurance. All all insurance policies herein required to be procured maintained by Tenant at such location where Tenant keeps said policies.
(e) Landlord acknowledges and agrees that, provided Landlord receives, upon written request to Tenant, endorsements to all policies required to be maintained by Tenant hereunder, Tenant’s compliance with this Section 7.3 shall contain an express waiver of satisfy any right of subrogation by the insurance company against Landlord and Landlord’s mortgagee(s), if any. Each policy shall also specify any exclusions from coverage and such exclusions shall requirement that may be subject sought to Landlord’s approvalbe imposed upon Tenant.
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Samples: Assignment and Assumption of Lease (SpringWorks Therapeutics, Inc.)
Tenant’s Insurance Requirements. (a) From and after the Commencement Date, and during the Term, Tenant shall, at its expense, secure and maintain general liability insurance written on a so-called “comprehensive” general liability form with combined single limit coverage (for personal injury, property damage or death arising out of any one (1) occurrence) in minimum limits of $1,000,000 per occurrence, including excess liability coverage, of at least $5,000,000 umbrella coverage, naming Landlord, Mortgagee of which Tenant has been advised and Landlord’s designees as additional insureds under the policy. Tenant shall maintain deliver to Landlord duplicate certificates of such insurance prior to taking occupancy of the following insurance:
A. Premises and shall deliver new certificates at least ten (10) days prior to the expiration of the existing coverage. Such certificates shall provide that in the event of termination or material change in coverage, Landlord shall be given thirty (30) days’ advance notice in writing sent by certified mail to the notice address of Landlord under Section 34.1 herein. Such insurance shall insure Tenant’s contractual liability insurance policy or policies in an amount or amounts sufficienthereunder and shall contain a waiver of the insurer’s right of subrogation against Landlord. Said coverage limit shall be increased if, in Landlord’s opinionreasonable judgment, increased limits are required to indemnify protect Landlord or pay Landlord’s damagesand Tenant against claims covered thereby, if anybut not more often than every three (3) years provided such other insurance may be obtained at commercially reasonable rates. If Tenant shall voluntarily carry any liability insurance in an amount greater than required hereunder, resulting from any matter set forth in this Lease. Such such insurance shall be written on a comprehensive basis comply with inclusive limits the requirements of not less than Two Million Dollars $2,000,000 for each occurrence for bodily injury this Section.
(b) Tenant shall maintain “special cause of loss property form” insurance covering the Premises and property damage or Tenant’s Property within the Premises, with replacement value coverage.
(c) Tenant shall obtain such higher limits other insurance in such amounts as Landlord, acting reasonably, may require from time to time. The limit of said insurance shall not, however, limit the liability of Tenant hereunder. Landlord shall be named on all liability policies maintained by Tenant. All such policies shall name Landlord and Landlord’s mortgagee, if any, as additional insureds, as their interests may appear.
B. any other insurance required for compliance with any and all applicable statutes, laws, ordinances, codes, rules and regulations of any and all governmental and/or quasi-governmental agencies and bodies.
C. any other insurance which may time be reasonably required by Landlord against other insurable hazards which at the time are commonly insured against, or its mortgagee(s) resulting from a change in local practice in the case of construction or ground or underlying lessor(s).
D. prior alteration of buildings and/or in the case of premises similarly situated, due regard being given to the delivery type of possession of the Leased Premises to Tenantbuilding, its location, construction, use and occupancy provided such other insurance may be obtained at commercially reasonable rates. When payment is made on any policy including a deductible, Tenant shall deliver to Landlord and any additional named insured(s), certificates from the company(ies) issuing pay such insurance as deductible amount to the coverages afforded and payee of the existence, in force, of such fully paid for policiesinsurance proceeds at the time the proceeds are paid.
E. (d) All insurance required to be maintained by Tenant shall procure under this Section and pay for all renewals of such insurance from time to time before the expiration thereof and Tenant shall deliver to Landlord and any additional named insured(s), certificates as to such renewal policy(ies) at least thirty (30) days before the expiration of any existing policy(ies). Tenant’s insurance shall at all times be primary with respect to any insurance carried by Landlord and its agents and any such coverage of Landlord and its agents shall be deemed issued by good and responsible companies qualified to be excess insurance. Each such policy shall be written with a company acceptable to Landlord do and authorized to engage in doing business of general liability insurance and/or fire and extended coverage and/or other insurance, as the case may be, in the State of FloridaConnecticut and having Standard & Poor’s Corporation claims paying ability rating of at least “A” and shall be satisfactory to Landlord and Mortgagee. It In the event that Tenant’s insurance company’s Standard & Poor’s Corporation claims paying ability rating falls below an “A” rating, unless Landlord and Mortgagee consent to an insurance company with a lower rating, Tenant shall diligently, and in all events within not more than 180 days after becoming aware of the insurance company’s downgrade, acquire all insurance required to be maintained by Tenant hereunder from a new insurance company having Standard & Poor’s Corporation claims paying ability rating of at least “A”; provided however, that at no time shall Tenant permit any insurance policy to lapse. Deductible amounts in excess of $250,000 for insurance required by subsection (a) above shall be subject to Landlord’s and Mortgagee’s prior written approval (such approval, in the case of Landlord, not to be unreasonably withheld, delayed or conditioned). In the event payment is understood made on any policy where a deductible amount is in effect, Tenant shall pay such deductible amount to the recipient of the insurance proceeds at the time such insurance proceeds are paid to such recipient. Each policy to be maintained by Tenant shall expressly provide that Landlord the policy shall not be obligated to approve any company with a rating less than “A” in the then current edition of Best’s Key Rating Guide. All such policies shall name insured(s) designated by Landlord under such policies as their respective interests may appear and shall contain provisions to the effect that such policies shall not be cancelled canceled or altered without at least thirty (30) days prior written notice from the to Landlord and Mortgagee and shall remain in effect notwithstanding any such cancellation or alteration until such notice shall have been given to Landlord and Mortgagee and such period of thirty (30) days shall have expired. All property and casualty insurance company to Landlord, sent via certified mail, return receipt requested. Each policy shall also specify that list Landlord and (so long as Tenant shall have been provided the name and other relevant information) Mortgagee as additional insureds and as “loss payees”, and all other insurance under this Section to be solely responsible for payment of premiums maintained by Tenant shall name Landlord and that Landlord shall not be required to pay any premiums for such insurancethe Mortgagee as additional insureds. All insurance shall be primary and noncontributing with any insurance which may be carried by Landlord, shall afford coverage for all claims based on any act, omission, event or condition that occurred or arose (or the onset of which occurred or arose) during the policy period. Upon the issuance of each such policy to be maintained by Tenant, Tenant shall deliver a certificate thereof (Accord 27 form) to Landlord for retention by Landlord or the Mortgagee. Landlord and/or Mortgagee, shall have the right, upon reasonable notice to Tenant, to inspect, review and make copies of all insurance policies herein required to be procured maintained by Tenant at such location where Tenant keeps said policies.
(e) Landlord acknowledges and agrees that, provided Landlord receives, upon written request to Tenant, endorsements to all policies required to be maintained by Tenant hereunder, Tenant’s compliance with this Section 7.3 shall contain an express waiver of satisfy any right of subrogation by the insurance company against Landlord and Landlord’s mortgagee(s), if any. Each policy shall also specify any exclusions from coverage and such exclusions shall requirement that may be subject sought to Landlord’s approvalbe imposed upon Tenant.
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Samples: Lease (KAYAK SOFTWARE Corp)
Tenant’s Insurance Requirements. With respect to the Premises, Tenant shall maintain shall, at Tenant's sole cost and expense, obtain and keep in force at all times during the following insurance:
A. term of this Lease, (a) commercial general liability insurance policy or policies in an amount or amounts sufficientrelating to Tenant's business (carried on, in Landlord’s opinionor from the Premises) and Tenant's use and occupancy, for personal and bodily injury and death, and damage to indemnify Landlord or pay Landlord’s damagesothers' property, if any, resulting from any matter set forth in this Lease. Such insurance shall be written on a comprehensive basis with inclusive limits of not less than Two Million Dollars $2,000,000 for each occurrence for bodily injury any one accident or occurrence; and property damage or (b) all risk and fire insurance (including standard extended endorsement perils, leakage from fire protective devices and other water damage) relating to Tenant's fixtures, furnishings, equipment, personal property, inventory and stock-in-trade on a full replacement cost basis in amounts sufficient to prevent Tenant from becoming a coinsurer and subject only to such higher limits deductibles and exclusions as Landlord may reasonably approve. All such policies and coverage shall include and insure Landlord, acting reasonablyits lender(s), may require from time to time. The and their respective agents, directors, officers and employees as additional insureds, and the limit of said insurance by Tenant shall not, however, limit the have a Landlord's protective liability of Tenant hereunderendorsement attached thereto. Landlord Insurance required hereunder shall be named on all liability policies maintained by Tenantin companies licensed in the state in which the Premises are located and shall have a rating of A- or better in "Best's Insurance Guide" and a financial rating of Class X or better. All such policies shall name Landlord and Landlord’s mortgagee, if any, as additional insureds, as their interests may appear.
B. any other insurance required for compliance with any and all applicable statutes, laws, ordinances, codes, rules and regulations of any and all governmental and/or quasi-governmental agencies and bodies.
C. any other insurance which may be reasonably required by Landlord or its mortgagee(s) or ground or underlying lessor(s).
D. prior to the delivery of possession of the Leased Premises to Tenant, Tenant shall deliver to Landlord and any additional named insured(s), certificates from the company(ies) issuing such insurance as to the coverages afforded and the existence, in force, of such fully paid for policies.
E. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof and Tenant shall deliver to Landlord and any additional named insured(s), certificates as to such renewal policy(ies) at least will provide thirty (30) days before days' advance written notice to the expiration Landlord (or as much notice as is practicable) of any existing policy(ies)cancellation or reduction in coverage and will promptly obtain replacement coverage so as to remain in compliance with this Section 14. Tenant’s Tenant shall provide Landlord evidence of insurance shall at all times be primary with respect to any insurance carried by Landlord and its agents and any such coverage of Landlord and its agents shall be deemed to be excess insurance. Each such policy shall be written with annually in a company form acceptable to Landlord in its reasonable discretion. If Tenant fails to insure or pay premiums, or to file satisfactory proof as required, Landlord may, upon 48-hours' notice, acquire and authorized to engage in business of general liability effect such insurance and/or fire and extended coverage and/or other insurance, as the case may be, in the State of Florida. It is understood that Landlord shall not be obligated to approve any company with a rating less than “A” in the then current edition of Best’s Key Rating Guide. All such policies shall name insured(s) designated by Landlord under such policies as their respective interests may appear and shall contain provisions to the effect that such policies shall not be cancelled without at least thirty (30) days prior written notice recover from the insurance company to Landlord, sent via certified mail, return receipt requested. Each policy shall also specify that Tenant shall be solely responsible for payment of premiums and that Landlord shall not be required to pay on demand any premiums for such insurance. All insurance policies herein required to be procured by Tenant shall contain an express waiver of any right of subrogation by the insurance company against Landlord and Landlord’s mortgagee(s), if any. Each policy shall also specify any exclusions from coverage and such exclusions shall be subject to Landlord’s approvalpaid.
Appears in 1 contract
Tenant’s Insurance Requirements. Tenant shall maintain at all times during the Term, keep in full force and effect, at its sole cost and expense, with respect to the Building and Premises, the following insurancetypes of insurance in the amounts specified:
A. (i) A commercial general public liability policy of insurance policy with limits of liability not less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury or policies death, or property damage.
(ii) Fire and extended coverage insurance covering the structure of the Building and all other structural improvements (excluding Tenant's trade fixtures, furnishings and equipment) against loss or damage by fire, windstorm, hail, smoke damage and vandalism and malicious mischief and such other risks as are from time to time covered under an "extended coverage" endorsement in an amount or amounts sufficientequal to the full replacement cost of the Building, in Landlord’s opinion, as reasonably determined by Landlord and Tenant. The proceeds from any such policy shall be paid to indemnify the Landlord or pay Landlord’s damages, if any, resulting from any matter Tenant pursuant to the terms and conditions set forth in Paragraph 13 of this Lease. Such insurance In the event Tenant elects not to reconstruct the Building, the proceeds from any such policy shall be written on a comprehensive basis paid to Landlord in accordance with inclusive limits the terms and conditions of not less than Two Million Dollars $2,000,000 for each occurrence for bodily injury Paragraph 13 below. All policies of insurance required to be maintained by Tenant under Paragraph 9(A)(i) and property damage or such higher limits as Landlord, acting reasonably, may require from time to time. The limit of said insurance shall not, however, limit the liability of Tenant hereunder. Landlord 9(A)(ii) shall be named on all liability policies maintained issued by Tenant. All such policies an insurance company licensed to do business in Louisiana and shall name Landlord and Landlord’s mortgagee, if any, as additional insureds, as their interests may appear.
B. any other insurance required for compliance with any and all applicable statutes, laws, ordinances, codes, rules and regulations of any and all governmental and/or quasi-governmental agencies and bodies.
C. any other insurance which may be reasonably required by Landlord or its mortgagee(s) or ground or underlying lessor(s).
D. prior to the delivery of possession of the Leased Premises to Tenant, Tenant shall deliver to Landlord and any additional named insured(s), certificates from the company(ies) issuing such insurance as to the coverages afforded and the existence, parties in force, of such fully paid for policies.
E. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof and Tenant shall deliver to Landlord and any additional named insured(s), certificates as to such renewal policy(ies) at least thirty (30) days before the expiration of any existing policy(ies). Tenant’s insurance shall at all times be primary with respect to any insurance carried by Landlord and its agents and any such coverage of Landlord and its agents shall be deemed to be excess insurance. Each such policy shall be written with a company acceptable to Landlord and authorized to engage in business of general liability insurance and/or fire and extended coverage and/or other insurance, as the case may be, in the State of Florida. It is understood that Landlord shall not be obligated to approve any company with a rating less than “A” in the then current edition of Best’s Key Rating Guide. All such policies shall name insured(s) interest designated by Landlord under such policies as additional insured and loss payee as their respective interests may appear appear, and shall contain provisions a provision that the insurer will not cancel, change or fail to renew the effect that such policies shall not be cancelled insurance without at least giving Landlord thirty (30) days prior written notice from notice. Tenant's obligation to provide the insurance company required under this subsection may be satisfied by a blanket policy or policies of insurance carried and maintained by Tenant provided that the coverage afforded Tenant will not be reduced or diminished or otherwise be different from that which would exist under a separate policy meeting the requirements of this Lease. Tenant shall furnish to Landlord such evidence, including copies of such policies, as Landlord may require to ensure that the insurance referred to in this Paragraph 9 is in full force and effect and that the premiums therefor have been paid. In the event of overlapping coverage between Tenant's insurance and insurance carried by Landlord, sent via certified mail, return receipt requested. Each policy shall also specify that Tenant shall Tenant's insurance coverage will be solely responsible for payment of premiums and that Landlord shall not be required to pay any premiums for such insurance. All insurance policies herein required deemed to be procured by Tenant shall contain an express waiver of any right of subrogation by the insurance company against Landlord and Landlord’s mortgagee(s), if any. Each policy shall also specify any exclusions from coverage and such exclusions shall be subject to Landlord’s approvalprimary coverage.
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