Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect during the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.
Appears in 3 contracts
Samples: Office Lease (Imanage Inc), Office Lease (Imanage Inc), Office Lease (Imanage Inc)
Tenant’s Insurance. Tenant covenants and agrees that from and after taking possession of the Leased Premises, Tenant shall procure carry and maintain, at its sole cost and expense expense, the following types of insurance, in the amounts specified and keep in effect the form hereinafter provided for:
(a) Comprehensive general liability insurance with limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) annual aggregate. If such insurance coverage has a deductible clause, the deductible amount shall not exceed Five Thousand Dollars ($5,000) per occurrence including loss adjustment expense, and Tenant shall be liable for such deductible amount.
(b) Worker’s compensation insurance or self insurance as required by the State of Michigan and employer’s liability insurance in amounts as reasonably determined by Tenant and reported to Landlord upon the execution of this Lease and upon any change in such amounts during the Term broad form comprehensive general liability insuranceLease Term.
(c) Insurance covering all leasehold and non-structural improvements located on the Leased Premises and all furniture, fixtures, equipment, inventory, merchandise, and personal property (including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 signs and specific coverage of risks arising out of any activities of Tenant pursuant plate glass) from time to Articles 7 and 8time in, with a combined single limit of liability on or upon the Leased Premises, in an amount equal to not less than one hundred percent (100%) of their full replacement value, providing protection against any peril included within the amount set forth in the Summaryclassification “All Risk”, together with insurance, if pertinent, against sprinkler damage. Such coverage Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed. Tenant’s obligation to maintain the insurance provided for in a comprehensive general liability form with at least this Section may be brought within the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such any “blanket policy” or policies of insurance shall name Landlord carried and any other party designated maintained by Landlord as an additional insured, shall Tenant provided that the coverage afforded will not be carried reduced or diminished by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one reason of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset use of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver such blanket policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in insurance. In the event that Tenant shall fail to procure such insurance, or to deliver such pay the premiums due for the insurance policies or certificatesrequired by this Section, Landlord mayshall have the right, at its optionbut not the obligation, procure to pay the same for the account of Tenant, and the cost thereof in which case any such payment shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with constitute an interest in the BuildingAdvance.
Appears in 3 contracts
Samples: Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc)
Tenant’s Insurance. Effective as of the earlier of (a) the date Tenant enters or occupies the Premises, or (b) the Commencement Date, and continuing throughout the Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive following insurance policies:
(1) commercial general liability insuranceinsurance (including property damage, bodily injury and personal injury coverage) in amounts of $1,000,000 per occurrence in primary coverage, with an additional $5,000,000 in umbrella coverage or, following the expiration of the initial Term, such greater amounts as landlords of similar class buildings in the Northwest Austin, Texas submarket are then generally requiring (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., use of hazardous materials or the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant (and naming as additional insureds Landlord and, provided in each case that Landlord has delivered to Tenant written notice of the names and addresses thereof, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee), against liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (2) cause of loss-special risk form (formerly “all-risk”) insurance (including, without limitationbut not limited to, sprinkler leakage, ordinance and law, sewer back-up, windstorm and collapse coverage) covering the full value of all alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee as additional loss payees as their interests may appear, (3) cause of loss-special risk form (formerly “all-risk”) insurance covering the full value of all furniture, trade fixtures, equipment and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment), (4) contractual liability for insurance sufficient to cover Tenant's ’s indemnity obligation contained obligations hereunder (but only if such contractual liability insurance is not already included in Section 17 and specific coverage of risks arising out of any activities of Tenant’s commercial general liability insurance policy), (5) commercial auto liability insurance (if applicable) covering automobiles owned, hired or used by Tenant pursuant to Articles 7 and 8, in carrying on its business with a limits not less than $1,000,000 combined single limit for each accident, insuring Tenant (and naming as additional insureds Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee, in each case to the extent Landlord has provided written notice of such names and addressses), (6) worker’s compensation insurance and employer’s liability insurance with statutory limits, and (7) business interruption insurance in an amount equal to the amount set forth in the Summaryor greater than 12 months of Tenant’s actual, sustained probable loss. Such coverage Tenant’s insurance shall be in a comprehensive general liability form with at least the following endorsements primary and non-contributory when any policy issued to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury Landlord provides duplicate or similar coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall in such circumstance Landlord’s policy will be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverageTenant’s policy. Tenant shall deliver policies furnish to Landlord certificates of such insurance, proof that Tenant’s laboratory use is covered by its commercial general liability policy or that Tenant has obtained separate environmental coverage (provided that Tenant shall not be required to obtain or carry separate pollution liability coverage), and such other evidence reasonably satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises (in any event, within ten days of the effective date of coverage), and at least 15 days prior to each renewal of said insurance, and Tenant shall endeavor to obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies (and if Tenant is not successful, Tenant shall notify Landlord in writing of such cancellation or material change by the deadlines set forth above). All such insurance policies shall be issued by companies with an A.M. Best rating of A+:VIII or better. However, no review or approval of any insurance certificate or policy by Landlord shall derogate from or diminish Landlord’s rights or Tenant’s obligations hereunder. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates thereof or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on or before demand the Commencement Datepremium costs thereof, and thereafter at least thirty (30) days before the expiration dates plus an administrative fee of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts 15% of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingcost.
Appears in 3 contracts
Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)
Tenant’s Insurance. Tenant shall procure at its sole cost and expense and keep in effect during the Term Term:
(a) commercial general liability insurance covering Tenant’s operations in the Premises and the use and occupancy of the Premises and the Project and any part thereof by Tenant. Such insurance shall include broad form comprehensive general liability insurance, including, without limitation, contractual liability for insurance coverage insuring Tenant's indemnity obligation contained in Section 17 ’s obligations under this Lease. Such coverage shall be written on an “occurrence” form and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with shall have a minimum combined single limit of liability in an amount equal to the amount set forth in the Summaryof not less than three million dollars ($3,000,000.00). Such coverage Tenant’s policy shall be in a comprehensive general liability form written to apply to bodily injury, property damage, personal injury and other covered loss (however occasioned) occurring during the policy term, with at least the following endorsements to the extent such endorsements are generally availableavailable at a commercially reasonable cost: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), and (iviii) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any ground lessor, mortgagee, property manager or other party reasonably designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other partyinsurance, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders insureds which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) arose in whole or in part during the policy period), and shall provide that Landlord will receive thirty (30) days' ’ written notice from the insurer prior to any cancellation or material change of coverage. Tenant shall deliver policies ;
(b) commercial property insurance, including sprinkler leakages, vandalism and malicious mischief and plate glass damage covering all the items specified as Tenant’s Property and all other property of such insurance every description including stock-in-trade, furniture, fittings, installations, alterations, additions, partitions and fixtures or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and anything in the event nature of a leasehold improvement made or installed by or on behalf of the Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for in the account Premises in an amount of Tenant, and not less than one hundred percent (100%) of the full replacement cost thereof as shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time be determined by Tenant, and naming Landlord as requested a loss payee as its interests may appear, all in form reasonably satisfactory to Landlord;
(c) Worker’s Compensation Insurance in the amounts and coverages required under worker’s compensation, disability and similar employee benefit laws applicable to Tenant and/or the Premises from time to time, and Employer’s Liability Insurance, with limits of not less than one million dollars ($1,000,000) or such higher amounts as may be required by Landlord based upon Landlord's determination law;
(d) business income insurance with extra expense insurance in an amount sufficient to insure payment of Rent for a period of not less than twelve (12) months during any interruption of Tenant’s business by reason of the amount Premises or Tenant’s Property being damaged by casualty; and
(e) any other form or forms of such insurance generally required as Landlord may reasonably require from time to time in amounts and for insurable risks against which a prudent tenant would protect itself to the extent landlords of comparable tenants, premises and buildings in the general geographic location vicinity of the Building or required by a lender with an interest in the BuildingProject require their tenants to carry such other form(s) of insurance.
Appears in 3 contracts
Samples: Lease Agreement, Commercial Lease (Silver Spring Networks Inc), Commercial Lease (Silver Spring Networks Inc)
Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $ 5,000,000 each occurrence Personal Injury and Advertising Liability $ 5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $ 1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the “Improvements,” as that term is defined in Section 2.1 of the Work Letter, and (iii) all Alterations performed in the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills thereforePremises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of the Building any pipes, explosion, and backup or required by a lender with an interest in the Buildingoverflow from sewers or drains.
Appears in 2 contracts
Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insuranceyear, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord or its affiliate, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant represents that Tenant’s coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to deliver such policies include damage caused by heat, smoke or certificates, Landlord may, at its option, procure same fumes from a hostile fire. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the account performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability Personal Injury and Advertising Liability $ 5,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises Liability
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of the Building any pipes, explosion, and backup or required by a lender with an interest in the Buildingoverflow from sewers or drains.
Appears in 2 contracts
Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)
Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect maintain the following insurance (“Tenant’s Insurance”) during the Term broad form comprehensive general liability insurance(including any extension thereof): (a) Commercial General Liability Insurance applicable to the Premises and its appurtenances providing, includingon an occurrence basis, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a minimum combined single limit of liability $5,000,000.00; (b) Property/Business Interruption Insurance written on an All Risk or Special Cause of Loss Form, including earthquake sprinkler leakage, at replacement cost value and with a replacement cost endorsement covering all of Tenant’s business and trade fixtures, equipment, movable partitions, furniture, merchandise and other personal property within the Premises (“Tenant’s Property”) and any Alterations performed by or for the benefit of Tenant; (c) Workers’ Compensation Insurance in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, amounts required by Law; and (vd) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating Employers Liability Coverage of at least "$1,000,000.00 per occurrence. Any company writing Tenant’s Insurance shall have an A.M. Best rating of not less than A-VIII" . All Commercial General Liability Insurance policies shall name as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by additional insureds Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or its successors and assignees) and its designees. In addition, Landlord shall be named as a loss payee with respect to Property/Business Interruption Insurance on the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverageAlterations. Tenant shall deliver All policies of such insurance or certificates thereof to Tenant’s Insurance shall contain endorsements that the insurer(s) shall give Landlord on or before the Commencement Date, and thereafter its designees at least thirty (30) days before the expiration dates days’ advance written notice of expiring policies; and in the event any cancellation, termination, material change or lapse of insurance. Tenant shall fail provide Landlord with a certificate of insurance evidencing Tenant’s Insurance as necessary to procure such insuranceassure that Landlord always has current certificates evidencing Tenant’s Insurance.” Tenant shall provide Landlord with a certificate of insurance evidencing Tenant’s Insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) business days after following delivery of this Amendment, executed by Tenant to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.
Appears in 2 contracts
Samples: Lease, Lease (Autodesk Inc)
Tenant’s Insurance. Tenant shall procure shall, at its cost and expense Tenant's expense, obtain and keep in effect force during the Term broad form comprehensive term of this Lease, a commercial general liability insuranceinsurance policy insuring Tenant and protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, includingbodily injury and property damage, without limitationpersonal injury, contractual liability, completed operations, host liquor liability, owned and non-owned automobile liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities the ownership, use, occupancy or maintenance of Tenant pursuant to Articles 7 the Leased Premises and 8, with all areas appurtenant thereto. Such insurance shall be a combined single limit of liability policy in an amount equal to not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLAR ($2,000,000.00) annual aggregate. Landlord, the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting Landlord Entities and any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured, ; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide"primary, shall specifically include the liability assumed hereunder by Tenantnot contributing with, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by of coverage which Landlord or any other party, may carry; shall provide for severability of interests, interest; shall further provide that an act or omission of one of the named insiders insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce or void the coverage coverages as to any insured, the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change term of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's propertythis Lease. The amounts limits of such said insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination not limit any liability of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the BuildingTenant hereunder.
Appears in 2 contracts
Samples: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and in property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. In the event Tenant desires to allow the consumption of alcohol on the Rooftop Decks, Tenant’s Commercial General Liability Insurance shall fail include Host Liquor Liability coverage. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $ 15,000,000 each occurrence Personal Injury and Advertising Liability $ 15,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $ 1,000,000
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of the Building any pipes, explosion, and backup or required by a lender with an interest in the Buildingoverflow from sewers or drains.
Appears in 2 contracts
Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability Personal Injury and Advertising $ 5,000,000 each occurrence Liability Tenant Legal Liability/Damage to $ 1,000,000.00 Rented Premises Liability
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the “Improvements,” as that term is defined in Section 2.1 of the Work Letter, and (iii) all Alterations performed in the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills thereforePremises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Act of 2002 (Pub. L. l 07-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 2 contracts
Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)
Tenant’s Insurance. Tenant TENANT shall procure acquire and maintain for the TERM of the LEASE a standard tenant liability insurance policy with liability coverage of at its cost and expense and keep in effect during the Term broad form comprehensive general liability insurance, including, without limitation, contractual a minimum of $100,000 per occurrence for TENANT’S legal liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant damage to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least LANDLORD’S property for no less than the following endorsements to the extent such endorsements are generally availablecauses of loss: (i) deleting any employee exclusion on personal injury coveragefire, (ii) including employees as additional insuredsmoke, (iii) providing for blanket contractual coverageexplosion, broad form property damage coverage and products completed operations coverage (where applicable)backup or overflow of sewer, (iv) deleting any liquor liability exclusionsdrain or sump, and water damage and such other coverages described in any addendum attached hereto (v) providing for coverage of employees' automobile non ownership liabilitythe Liability Policy”). Such insurance TENANT’s Liability Policy shall name Landlord and any other party designated by Landlord LANDLORD as an additional insured. In the event that TENANT fails to obtain, maintain and deliver to LANDLORD such written proof of the Liability Policy, LANDLORD shall have the right, but not the obligation, and TENANT automatically elects for LANDLORD to procure such policy coverage on TENANT’s behalf through the Landlord Required Insurance Policy (“LRIP”). In this event the TENANT will be charged a Landlord Required Insurance Policy Fee of $12.00 per month and this shall be carried deemed to be additional RENT under the Lease and immediately due and payable by companies licensed TENANT to do business in California and which have a general policy holders' rating LANDLORD. LANDLORD does not provide any insurance coverage for TENANT’s property. Unless caused by the willful or grossly negligent actions of at least "VIII" as set forth in the most current issue LANDLORD, or LANDLORD’s agent's or employee's, neither LANDLORD nor LANDLORD’s agents and/or employees shall be responsible for any theft, damage, loss or destruction of "Bestpersonal property of TENANT or TENANT's Insurance Guide"occupants, shall specifically include the liability assumed hereunder by Tenantguests, shall provide that it is primary insurance and not in excess over licensees, invitees or contributory with any agents due to fire, water, flooding, other validcasualty, existing and applicable insurance covering the same loss carried by Landlord act of God, or any other partycauses. TENANT IS ENCOURAGED TO INSURE PERSONAL PROPERTY IN AN AMOUNT SUFFICIENT TO COVER THE PROPERTY. National Student Services, shall provide Inc. (xxxxx://xxx.xxxx.xxx/portal/sternrisk) offers coverage through its Personal Property Protection Program which is being referred to in this LEASE merely for severability the convenience of interestsTENANT as an example of such a program. LANDLORD makes no representations or warranties whatsoever regarding National Student Services, shall further provide that Inc. or its Personal Property Protection Program and TENANT is encouraged to speak with a qualified insurance professional about available coverages. TENANT expressly and unequivocally agrees to be liable to LANDLORD and/or LANDLORD’s insurer for injury to any person and damage to the UNIT or the PROPERTY, including but not limited to fire and water damage, caused by TENANT or TENANT’s occupants, guests, licensees, invitees or agents. TENANT agrees to comply in all respects with any applicable policy of insurance so as to not cause an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce increase in premium or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingpolicy.
Appears in 2 contracts
Samples: Residential Lease Agreement, Residential Lease Agreement
Tenant’s Insurance. (a) Tenant shall procure at its cost and expense and keep maintain in effect during full force throughout the Term broad form comprehensive Term, commercial general liability insuranceinsurance providing coverage on an occurrence form basis with limits of not less than Two Million Dollars ($2,000,000.00) each occurrence for bodily injury and property damage combined, includingTwo Million Dollars ($2,000,000.00) annual general aggregate, without limitation, contractual liability for and Two Million Dollars ($2,000,000.00) products and completed operations annual aggregate. Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally availableinsurance policy or policies shall: (i) deleting any employee exclusion on personal injury include premises and operations liability coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual products and completed operations liability coverage, broad form property damage coverage including completed operations, blanket contractual liability coverage including, to the maximum extent possible, coverage for the indemnification obligations of Tenant under this Lease, and products completed operations coverage personal and advertising injury coverage; (where applicable), ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) deleting any liquor liability exclusions, cover liabilities arising out of or incurred in connection with Tenant's use or occupancy of the Premises or the Property; and (v) emend coverage to cover liability for the actions of Tenant's Representatives and Visitors.
(b) Tenant shall at all times maintain in effect with respect to any Alterations and Tenant's Trade Fixtures and personal property, commercial property insurance providing coverage, at a minimum, for "broad form" perils, to the extent of 80% of the full replacement cost of covered property. Tenant may carry such insurance under a blanket policy, provided that such policy provides equivalent coverage to a separate policy. During the Term, the proceeds from any such policies of employees' automobile non ownership liability. Such insurance shall name be used for the repair or replacement of the Alterations, Trade Fixtures and personal property so insured. Landlord shall be provided coverage under such insurance to the extent of its insurable interest and, if requested by Landlord, both Landlord and Tenant shall sign all documents reasonably necessary or proper in connection with the settlement of any other party designated claim or loss under such insurance. Landlord will have no obligation to carry insurance on any Alterations or on Tenant's Trade Fixtures or personal property.
(c) Each policy of insurance required under this Section shall: (i) be in a form, and written by Landlord as an additional insuredinsurer, shall reasonably acceptable to Landlord, (ii) be carried by companies licensed to do business in California maintained at Tenant's sole cost and which have a general policy holders' rating of expense, and (iii) require at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer to Landlord prior to any cancellation cancellation, nonrenewal or change modification of insurance coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver Insurance companies issuing such policies shall have rating classifications of "A" or certificates, Landlord may, at its option, procure same for better and financial size category ratings of "VII" or better according to the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination latest edition of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.A.M.
Appears in 2 contracts
Samples: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect during the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insuredinsureds, (iii) providing for blanket contractual coverage, coverage and broad form property damage coverage and products completed operations coverage (where applicable)coverage, (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least not less than "VIIIA" and a financial rating of not less than Class "X" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.,
Appears in 2 contracts
Samples: Office Lease (Avantgo Inc), Office Lease (Avantgo Inc)
Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Xxxxxxxx’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $3,000,000 each occurrence Personal Injury and Advertising Liability $3,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $ 1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the “Improvements,” as that term is defined in Section 2.1 of the Work Letter, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. 1. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 2 contracts
Samples: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)
Tenant’s Insurance. Tenant shall procure obtain at its cost and own expense and keep in full force and effect during the Term broad form comprehensive Term, a policy of commercial general liability insurance, insurance (including, without limitation, insurance covering Tenant's contractual liability for Tenantunder this Lease), under which Tenant is named as the insured, and Landlord, Landlord's indemnity obligation contained in Section 17 managing agent, the present and specific coverage any future mortgagee of risks arising out of any activities of Tenant pursuant the Real Property or the Building and/or such other designees specified by Landlord from time to Articles 7 and 8time, with a combined single limit of liability in an amount equal to the amount set forth in the Summaryare named as additional insureds. Such coverage policy shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: contain (i) deleting a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any employee exclusion on personal injury coverageloss sustained, (ii) including employees as additional insured, a waiver of subrogation against Landlord or a consent to a waiver of right of recovery against Landlord and (iii) providing an agreement by the insurer that it will not make any claim against or seek to recover from Landlord for blanket contractual coverageany loss, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liabilityor claim whether or not covered under such policy. Such policy shall also contain a provision which provides the insurance shall name Landlord and company will not cancel or refuse to renew the policy, or change in any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in material way the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over nature or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one extent of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insuredprovided by such policy, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that without first giving Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before written notice by certified mail, return receipt requested, which notice shall contain the expiration dates policy number and the names of expiring policies; the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than $3,000,000 for injury (or death) and damage to property or such greater amount as Landlord may, from time to time, reasonably require. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that names Landlord, Landlord's managing agent and/or designees specified by Landlord from time to time, as additional insureds, references the Premises, and guarantees a minimum limit available for the Premises equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance required under this subsection shall not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the event Tenant shall fail to procure such insuranceState of New York, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of "A" and a financial rating of at least "13". In the event that Tenant fails to deliver such policies or certificatescontinuously maintain insurance as required by this subsection, Landlord may, at its optionoption and without relieving Tenant of any obligation hereunder, procure same order such insurance and pay for the account same at the expense of Tenant. In such event, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsiblerepay the amount expended by Landlord, at its cost and expensewith interest thereon, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based immediately upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingwritten demand therefor.
Appears in 2 contracts
Samples: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 2 contracts
Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)
Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect during the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insuredinsureds, (iii) providing for blanket contractual coverage, coverage and broad form property damage coverage and products completed operations coverage (where applicable)coverage, (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.
Appears in 2 contracts
Samples: Office Lease (Avantgo Inc), Office Lease (Avantgo Inc)
Tenant’s Insurance. 1. Tenant shall procure at its cost and expense and keep maintain in effect during full force throughout the Term broad form comprehensive Term, commercial general liability insuranceinsurance providing coverage on an occurrence form basis with limits of not less than One Million and No/100ths Dollars ($1,000,000.00) each occurrence for bodily injury and property damage combined, includingTwo Million and No/100ths Dollars ($2,000,000.00) annual general aggregate, without limitation, contractual and Two Million and No/100ths Dollars ($2,000,000.00) products and completed operations annual aggregate. Tenant’s liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally availableinsurance policy or policies shall: (i) deleting any employee exclusion on personal injury include premises and operations liability coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual products and completed operations liability coverage, broad form property damage coverage, blanket contractual liability coverage including, to the maximum extent possible, coverage for the indemnification obligations of Tenant under this Lease, and products completed operations coverage personal and advertising injury coverage; (where applicable), ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) deleting any liquor liability exclusions, cover liabilities arising out of or incurred in connection with Tenant’s use or occupancy of the Premises or the Property; and (v) extend coverage to cover liability for the actions of Tenant’s Representatives and Visitors.
(a) Tenant shall at all times maintain in effect with respect to any Alterations and Tenant’s Trade Fixtures and personal property, commercial property insurance providing coverage, at a minimum, for “special form” perils, to the extent of one hundred percent (100%) of the full replacement cost of covered property, and for business income coverage for a minimum of employees' automobile non ownership liabilitytwelve (12) months. Such Tenant may carry such insurance under a blanket policy, provided that such policy provides equivalent coverage to a separate policy. During the Term, the proceeds from any such policies of insurance shall name be used for the repair or replacement of the Alterations, Trade Fixtures and personal property so insured. Landlord shall be provided coverage under such insurance to the extent of its insurable interest and, if requested by Landlord, both Landlord and Tenant shall sign all documents reasonably necessary or proper in connection with the settlement of any other party designated by claim or loss under such Insurance. Landlord as an additional insured, shall will have no obligation to carry insurance on any Alterations or on Tenant’s Trade Fixtures or personal property.
(b) Each policy of insurance required under this Section shall: (i) be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy periodform, and shall provide that Landlord will receive thirty written by an insurer, reasonably acceptable to Landlord, (30ii) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Datebe maintained at Tenant’s sole cost and expense, and thereafter (iii) require at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail days’ written notice to procure such insurance, Landlord prior to any cancellation or to deliver nonrenewal. Insurance companies issuing such policies shall have rating classifications of “A” or certificates, Landlord may, at its option, procure same for better and financial size category ratings of “X” or better according to the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination latest edition of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.A.M.
Appears in 2 contracts
Samples: Office Lease Agreement (Rain Therapeutics Inc.), Office Lease Agreement (Rain Therapeutics Inc.)
Tenant’s Insurance. a. Tenant shall procure and maintain in force at its cost and expense and keep in effect all times during the Term broad form comprehensive general term of this Lease a policy or policies of fire and extended coverage insurance (including vandalism, malicious mischief, and sprinkler leakage) with respect to its fixtures, personal property, any exterior signage affixed to the building, and equipment located in the Premises to the extent of at least ninety percent (90%) of their insurance value. Tenant shall also procure and maintain plate glass coverage with respect to the Premises. During the term of this Lease, the proceeds of any such policy or policies of insurance shall be used solely for the repair and replacement of the fixtures, personal property, any exterior signage affixed to the building, and equipment, or glass so insured. The amounts of such fire and extended coverage insurance shall be reasonably increased from time to time by Tenant, upon written demand from Landlord.
b. Tenant shall procure and maintain at all times during the term of this Lease Workers' Compensation Insurance. Tenant shall also procure and maintain at all times during the term hereof Combined Single Limit Bodily Injury and Property Damage Insurance insuring Landlord and Tenant against any liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities the use, occupancy, or maintenance of Tenant pursuant to Articles 7 the Premises and 8, with a combined single limit of liability all areas appurtenant thereto. Such insurance shall be in an amount equal to the not less than $1,000,000.00 per occurrence. The amount set forth in the Summary. Such coverage of such insurance shall be reasonably increased from time to time by Tenant, upon written demand from Landlord. This policy shall include broad form contractual liability and indemnity coverage which shall insure performance by Tenant of the indemnity and defense provisions in a comprehensive general paragraph 14. above. The limits of said insurance shall not, however, be construed to limit the liability form with of Tenant under this Lease.
c. Tenant shall procure and maintain at least all times during the following endorsements to the extent such endorsements are generally available: term of this Lease (i) deleting any employee exclusion on personal injury coveragebusiness interruption insurance, (ii) including employees as additional insuredpersonal injury insurance with endorsement deleting the employee liability exclusion, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable)employee liability insurance, (iv) deleting professional liability or errors and omissions insurance, (v) liability and bodily injury insurance covering both landlord and Tenant against any liquor liability exclusionscosts or claims arising in connection with the use of the Sunroad Exercise Facility by Tenant or its employees, agents, guests, or invitees, and (vvi) providing for coverage during any period of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder alteration or construction by Tenant, Builder's all risk insurance which must include completed operations coverage. Landlord may, from time to time, require Tenant to reasonably increase the limits of any insurance required to be maintained by Tenant.
d. The deductible amounts, if any, with respect to all insurance which Tenant is required to maintain hereunder shall provide that it is primary insurance and not exceed $5,000 per claim or occurrence. The amount of the deductibles, if any, within this limitation shall be a business decision by Tenant; under no circumstances shall Landlord be required to reimburse Tenant for the amount of any deductible incurred by Tenant in excess over or contributory connection with any other validinsured event, existing and applicable insurance covering even if the same loss carried event resulting in the claim was caused or contributed to by Landlord or any other partyits agents, servants, or employees.
e. All insurance which Tenant is required to maintain hereunder shall provide for severability of interests, shall further provide that be on an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, occurrence basis and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such be with financially responsible insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof companies which companies shall be paid subject to Landlord within the reasonable approval of Landlord. Within five (5) days after delivery to the execution of this Lease, Tenant shall notify Landlord in writing of bills thereforethe name of Tenant's insurer. Tenant shall be responsible, at its cost deliver to Landlord prior to entry on the premises by Tenant certificates of insurance evidencing the existence and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenantsinsurance, premises and buildings showing Landlord as a named insured; provided that in the general geographic location event Tenant fails to procure and maintain such insurance, Landlord may (but shall not be required to) procure same at Tenant's expense. All policies shall include a "severability of interest" endorsement with respect to Landlord. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to Landlord by the Building insurer. Tenant shall, within twenty (20) days prior to the expiration of such policies furnish Landlord with renewals or binders, or Landlord may order such insurance and charge the cost to Tenant, which amount shall be payable by Tenant upon demand. All such policies shall be written as primary policies, not contributing with and not in excess of coverage which Landlord may carry, and all policies shall include Tenant's employees as additional insureds. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by Tenant provided that such blanket policies expressly afford coverage to the Premises and to Tenant as required by a lender this Lease. Tenant shall, upon request from Landlord, immediately deliver to Landlord copies of all insurance policies (including the declarations pages) in effect with an interest in respect to Tenant's business and the BuildingPremises.
Appears in 1 contract
Tenant’s Insurance. (a) Tenant shall procure at its all times maintain, at Tenant’s sole expense, insurance against risks of physical loss in an amount adequate to cover the cost of replacement of all of Tenant’s Alterations, trade fixtures, equipment and personal property. Such policy may be in form of a “special form” insurance policy and shall be issued by an insurance company approved by Landlord, shall name Landlord and Landlord’s lender as loss payee as their interests may appear, and Evoke Pharma shall provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written notice to Landlord and Landlord’s lender. Tenant shall deliver a certificate evidencing such insurance to Landlord and a renewal or binder at least twenty (20) days prior to expiration. Tenant acknowledges that Landlord’s insurance is not intended to cover Tenant’s Alterations, trade fixtures, equipment, and personal property. Provided, however, that at Landlord’s sole election, Landlord may obtain at Tenant’s expense any or all of the insurance described in this Section.
(b) Tenant shall, at Tenant’s sole cost and expense and keep in effect during the Term broad form expense, provide comprehensive general liability insurance, includingproviding customary coverage for covering and indemnifying Landlord and such other person related to Landlord covered by a standard comprehensive general liability insurance policy, without limitationand their respective successors and assigns (together with, contractual at Landlord’s election, Landlord’s lender), as additional insureds, (as quantified by a standard commercial general liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks policy) arising from personal injury, death arising out of physical bodily injury, and/or property damage occurring in or about the Premises or the Project during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 per occurrence. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Project. If Tenant’s use of the Premises involves any use, generation, manufacturing, storage or disposal of any Hazardous Materials, or if any of Tenant’s activities increases any risk of any liability to Tenant or Landlord under Hazardous Materials Laws, at Landlord’s request, Tenant shall carry such environmental insurance as may be required by Landlord or Landlord’s lenders. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant pursuant for alleged injury, death and/or property damage.
(c) Each policy of insurance required to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally availablecarried by Tenant hereunder shall: (i) deleting any employee exclusion on personal injury contain contractual liability endorsements and provisions or endorsements such that insured losses caused by Tenant are not excluded from Landlord’s coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage provide that no cancellation or reduction in coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least effective until thirty (30) days before the expiration dates of expiring policies; after written notice by Tenant to Landlord and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of TenantLandlord’s lender, and the cost thereof (iii) be issued by an insurer licensed in California and reasonably approved by Landlord, and (iv)the amount of such insurance shall be paid to Landlord within five (5) days after delivery to not limit Tenant’s liability nor relieve Tenant of bills thereforeany obligation hereunder. Tenant shall be responsibleresponsible for the payment of the full amount of any deductible or self-insured retention on its insurance. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy prior to expiration thereof. Tenant shall, at its cost and Tenant’s expense, for separately insuring maintain such other liability insurance as Tenant deems necessary to protect Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.
Appears in 1 contract
Samples: Office Lease (Evoke Pharma Inc)
Tenant’s Insurance. (a) Liability Insurance Tenant shall procure at its cost and expense and keep maintain in effect during full force throughout -------------------- the Term broad form comprehensive Term, commercial general liability insuranceinsurance providing coverage on an occurrence form basis with limits of not less than Two Million Dollars ($2,000,000.00)each occurrence for bodily injury and property damage combined, includingTwo Million Dollars ($2,000,000.00) annual general aggregate, without limitation, contractual liability for and Two Million Dollars ($2,000,000.00) products and completed operations annual aggregate. Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally availableinsurance policy or policies shall: (i) deleting any employee exclusion on personal injury include premises and operations liability coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual products and completed operations liability coverage, broad form property damage coverage including completed operations, blanket contractual liability coverage including, to the maximum extent possible, coverage for the indemnification obligations of Tenant under this Lease, and products completed operations coverage personal and advertising injury coverage; (where applicable), ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) deleting any liquor liability exclusions, and cover liabilities arising out of or incurred in connection with Tenant's use or occupancy of the Premises or the Property; (v) providing extend coverage to cover liability for coverage the actions of employees' automobile non ownership liabilityTenant's Representatives and Visitors; and (vi) designate separate limits for the Property. Such Each policy of liability insurance shall name Landlord and required by this Section shall: (i) contain a cross liability endorsement or separation of insureds clause; (ii) provide that any other party designated by Landlord as an additional insured, shall be carried by companies licensed waiver of subrogation rights or release prior to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall loss does not void coverage; (iii) provide that it is primary insurance to and not in excess over or contributory with contributing with, any other valid, existing and applicable policy of insurance carried by Landlord covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further loss; (iv) provide that an act or omission of one of any failure to comply with the named insiders which would void or otherwise reduce coverage reporting provisions shall not reduce or void affect coverage provided to Landlord, its partners, property managers and Mortgagees; and (v) name Landlord, its partners, the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or Property Manager identified in the onset of which occurred or arose) in whole or part during the policy periodBasic Lease Information(the "Property Manager"), and shall provide that such other parties in interest as Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment may from time to time reasonably designate to Tenant in writing, as requested additional insureds. Such additional insureds shall be provided at least the same extent of coverage as is provided to Tenant under such policies. All endorsements effecting such additional insured status shall be at least as broad as additional insured endorsement form number CG 20 11 11 85 promulgated by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the BuildingInsurance Services Office.
Appears in 1 contract
Samples: Lease Agreement (Trintech Group PLC)
Tenant’s Insurance. Tenant shall procure at its cost agrees to maintain in full force from the date upon which a Tenant first enters the Premises for any reason, throughout the Term, and expense and keep thereafter, so long as Tenant is in effect during occupancy of any part of the Term broad form Premises, a policy of comprehensive general liability insuranceinsurance under which Landlord and Tenant are named as insureds, including, without limitation, and under which the insurer provides a contractual liability for Tenant's indemnity obligation contained in Section 17 endorsement insuring against all cost, expense and specific coverage of risks liability arising out of or based upon any activities and all claims, accidents, injuries and damages described in Section 7.1, in -11- the broadest form of Tenant pursuant such coverage from time to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summarytime available. Such coverage Each such policy shall be in a comprehensive general liability form with at least the following endorsements non-cancellable and non-amendable (to the extent such endorsements are generally available: (i) deleting that any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in proposed amendment reduces the most current issue of "Best's Insurance Guide", shall specifically include limits or the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one scope of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or aroseinsurance required in this Lease) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof with respect to Landlord on or before the Commencement Date, and thereafter at least without thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail prior notice to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of TenantLandlord, and the cost a duplicate original thereof shall be paid delivered to Landlord within five (5) days after delivery to Tenant Landlord. As of bills therefore. Tenant shall be responsiblethe Commencement Date hereof, at its cost and expense, for separately insuring Tenant's property. The amounts the minimum limits of liability of such insurance for each year shall be subject Three Million Dollars ($3,000,000.00) for combined bodily injury (or death) and damage to adjustment property (per occurrence), and from time to time during the Term for such higher limits, if any, as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings are carried customarily in the general geographic location Boston/Route 128 area with respect to similar properties. At any time when Tenant is performing construction work in or on the Premises, Tenant shall carry builder's risk insurance satisfactory to Landlord. Tenant shall provide Landlord with a certificate evidencing such coverage, which shall state that the coverage cannot be cancelled or amended without thirty days' prior notice to Landlord. Tenant at its cost shall maintain on all its personal property, tenant improvements and alterations in on or about the Premises a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, to the Building extent of their full replacement value. The proceeds for any such policy shall be used by Tenant for the replacement of personal property or required by the restoration of tenant improvements or alterations. Tenant shall deliver a lender with an interest in certificate evidencing such coverage to Landlord, which shall state that the Buildingcoverage may not be amended or cancelled without at least thirty days' prior written notice to Landlord.
Appears in 1 contract
Tenant’s Insurance. Tenant shall procure shall, at its cost and expense Tenant’s expense, obtain and keep in effect force during the Term broad form comprehensive term of this Lease, a commercial general liability insuranceinsurance policy insuring Tenant against the risks of, includingbodily injury and property damage, without limitationpersonal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities the ownership, use, occupancy or maintenance of Tenant pursuant to Articles 7 the Leased Premises and 8, with all areas appurtenant thereto. Such insurance shall be a combined single limit of liability policy in an amount equal to the amount set forth in the Summarynot less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLAR ($2,000,000.00) annual aggregate. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting Landlord and any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured, ; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide"primary, shall specifically include the liability assumed hereunder by Tenantnot contributing with, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by of coverage which Landlord or any other party, may carry; shall provide for severability of interests, interest; shall further provide that an act or omission of one of the named insiders insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce or void the coverage coverages as to any insured, the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy periodterm of this Lease. The limits of said insurance shall not limit any liability of Tenant hereunder. Not more frequently than every year, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Dateif, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurancereasonable opinion of Landlord, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such liability insurance generally required for comparable tenantshereunder is not adequate, premises and buildings in the general geographic location of the Building or Tenant shall promptly increase said insurance coverage as required by a lender with an interest in the BuildingLandlord.
Appears in 1 contract
Tenant’s Insurance. (a) Tenant shall procure carry, at its Tenant’s sole expense, insurance against any or all risks of physical loss in an amount adequate to cover the cost of replacement of all of Tenant’s Alterations, trade fixtures, equipment and personal property. If Tenant’s insurance does not otherwise cover losses caused by breakage or other malfunction of any of Tenant’s machinery or equipment used by Tenant in the Premises, then Tenant shall carry equipment breakdown insurance (so called boiler and machinery insurance) covering Tenant’s equipment and machinery (including any heating, ventilation and air conditioning systems, electrical equipment, and the like). Tenant acknowledges that Landlord’s insurance is not intended to cover Tenant’s Alterations, trade fixtures, equipment, and personal property. My policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 16, whereupon any insurance proceeds covering any of Tenant’s Alterations, fixtures, equipment and personal property that Tenant is required to leave in the Premises at the expiration or earlier termination of the Lease Term under Article 20 shall be payable to Landlord. Provided, however, that at Landlord’s sole election, Landlord may obtain at Tenant’s expense and keep any or all of the insurance described in effect during this Section if Tenant fails to obtain the Term broad form insurance required under this Article.
(b) Tenant shall carry, at Tenants sole expense, comprehensive or commercial general liability insurance, includingfully covering any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Center. Such liability insurance shall include without limitationlimitation bodily injury (including wrongful death), property damage, advertising injury, personal injury and contractual liability for coverages (including Tenant's indemnity obligation contained ’s indemnification obligations under Article 13), independent contractors, owned, nonowned, and hired vehicle liability and, if alcoholic beverages are served, sold, consumed or obtained in the Premises, liquor-law liability. The initial limit of such insurance shall be at least $2,000,000 combined single liability limit if the Rentable Square Footage of the Premises (as indicated in Section 17 and specific 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limits may be met by umbrella coverage of risks arising out not less than $5,000,000 and shall be subject to periodic increase, at Landlord’s election, based upon inflation, increased liability awards, lender requirements, the recommendations of any activities of Landlord’s professional insurance advisors, and other relevant factors. Tenant pursuant to Articles 7 shall also, at its sole cost and 8expense, with a combined single limit of liability obtain worker’s compensation coverage in an amount equal adequate to comply with law, and employer’s liability coverage with a limit of not less than $2,000,000. If Tenant’s use of the amount set forth in the SummaryPremises involves any use, generation, manufacturing, storage or disposal of any Hazardous Materials, or if any of Tenants activities increases any risk of any liability to Tenant or Landlord under Hazardous Materials Laws, Tenant shall carry such environmental insurance as may be required by Landlord or Landlord’s lender. Such coverage Tenant shall, at Tenant’s sole expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant.
(c) Each policy of Insurance required to be carried by Tenant hereunder shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coveragename Landlord, Landlord’s lender and Landlord’s property manager (if any) as additional insureds, (ii) including employees as additional insuredcontain cross-liability and contractual liability provisions, (ii) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written notice to Landlord and Landlord’s lender (10 days for nonpayment of premiums), (iii) providing for blanket contractual coveragebe issued by an insurer licensed in California and reasonably approved by Landlord, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting be primary and noncontributory to any liquor insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. The deductible or self-insured retention on any insurance required to be carried by Tenant hereunder shall not exceed, without the prior written consent of Landlord, Twenty-Five Thousand Dollars ($25,000) per occurrence. Tenant shall be responsible for the payment of the full amount of any deductible or self-Insured retention on its insurance unless the reason for such loss is the sole negligence or willful misconduct of Landlord, its agents or employees. No insurance carried or required to be carried by Tenant, nor the amount or limits thereof, shall limit Tenant’s liability exclusionsnor relieve Tenant of any obligation under this Lease.
(d) Each policy of insurance required to be carried by Tenant hereunder shall be obtained by Tenant and maintained in full force and effect throughout the Lease Term and any other period of Tenant’s actual or constructive possession of the Premises. Prior to the Commencement Date or any earlier taking of possession of any part of the Premises, Tenant shall deliver to Landlord (I) an XXXXX Form 27 certificate (or such other certificate providing the greatest protection to Landlord reasonably available) evidencing all insurance required to be maintained by Tenant and identifying all additional insureds required to be so designated under the terms of this Lease, and (vii) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated all additional insured endorsements provided by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change in favor of coverageLandlord, Landlord’s property manager and Landlord’s lender as required by this Lease. Tenant shall deliver policies evidence of such insurance or certificates thereof to Landlord on or before the Commencement Datea renewal of each required policy, and thereafter together with all required endorsements, at least thirty (30) days before the prior to expiration dates of expiring policies; and in the event thereof. Tenant shall fail permit Landlord at all reasonable times to procure such inspect the policies of insurance, or to and shall deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost copies thereof shall be paid to Landlord within five ten (510) days after delivery to Tenant of bills thereforeLandlord’s request therefor. Tenant shall be responsiblein material breach of this Lease if Tenant fails to obtain the insurance required under this Section, at its cost or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and expense, for separately insuring Tenant's property. The amounts terms of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingthis Lease.
Appears in 1 contract
Samples: Standard Industrial Net Lease (Mabvax Therapeutics Holdings, Inc.)
Tenant’s Insurance. a. Tenant shall procure shall, during the term hereof and any other period of occupancy, at its sole cost and expense and expense, keep in full force and effect during the Term broad following insurance:
(1) Standard form comprehensive general liability insuranceproperty insurance insuring against the perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage ("All-Risk") and sprinkler leakage. This insurance policy shall be upon all property owned by Tenant for which Tenant is legally liable or that was installed at Tenant's expense, and which is located in the Project including, without limitation, contractual liability for furniture, fittings, installations, fixtures (other than Tenant improvements installed by Landlord), and any other personal property in an amount not less than ninety percent (90%) of the full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, the decision of Landlord or any mortgagees of Landlord shall be conclusive. This insurance policy shall also be upon direct or indirect loss of Tenaxx'x xarnings attributable to Tenant's indemnity obligation contained inability to use fully or obtain access to the Premises, Building or Project in Section 17 and specific coverage an amount as will properly reimburse Tenant. Such policy shall name Landxxxx xxx any mortgagees of risks Landlord as insured parties, as their respective interests may appear.
(2) Comprehensive General Liability insurance insuring Tenant against any liability arising out of any activities the lease, use, occupancy or maintenance of Tenant pursuant to Articles 7 the Premises and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liabilityall areas appurtenant thereto. Such insurance shall be in the amount of $1,000,000 Combined Single Limit for injury to, or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence, with such liability amount to be adjusted from year to year to reflect increases in the Consumer Price Index. The policy shall insure the hazards of the Premises and Tenaxx'x Xperations thereon, independent contractors, contractual liability (covering the indemnity contained in Paragraph 20 hereof) and shall (a) name Landlord and any other party designated by Landlord as an additional insured, (b) contain a cross liability provision and (c) contain a provision that the insurance provided the Landlord hereunder shall be carried primary and non-contributing with any other insurance available to the Landlord.
(3) Workers' Compensation and Employer's Liability insurance (as required by state law).
(4) Any other form or forms of insurance as Tenant or Landlord or any mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself.
b. All policies shall be written in a form satisfactory to Landlord and shall be taken out with insurance companies licensed to do business in California holding a General Policyholders Rating of "A" and which have a general policy holders' rating Financial Rating of at least "VIIIX" or better, as set forth in the most current issue of "Best's Insurance Guide"Reports. Within ten (10) days after the execution of this Lease, shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver to Landlord copies of policies of such insurance or certificates thereof evidencing the existence of the amounts and forms of coverage satisfactory to Landlord on Landlord. No such policy shall be cancellable or before the Commencement Date, and thereafter at least reducible in coverage except after thirty (30) days before prior written notice to Landlord. Tenant shall, within ten (10) days prior to the expiration dates of expiring such policies; and in the event Tenant shall fail to procure such insurance, furnish Landlord with renewals or "binders" thereof, or to deliver Landlord may order such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, insurance and charge the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant as additional rent. If Landlord obtains any insurance that is the responsibility of bills therefore. Tenant under this Paragraph, Landlord shall be responsible, at its deliver to Tenant a written statement setting forth the cost and expense, for separately insuring Tenant's property. The amounts of any such insurance shall be subject and showing in reasonable detail the manner in which it has been computed. *Except to adjustment from time to time as requested by Landlord based upon the extent of Landlord's determination or its employees' or agents' gross negligence or willful misconduct, **Except to the extent of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building Landlord's or required by a lender with an interest in the Building.its employees' or agents' negligence or willful misconduct,
Appears in 1 contract
Samples: Office Building Lease (Stac Inc)
Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $4,000,000 each occurrence Personal Injury and Advertising Liability $4,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the "Original Improvements"), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever (excluding naturally occurring floods (i.e., from heavy rainfall, rather than from a leaking pipe)), including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Tenant’s Insurance. (a) Throughout the Term, Tenant shall procure at its provide and maintain an "all risk" form property insurance policy on all of Tenant's fixtures, equipment, machinery, improvements, furniture and personal property, in the amount of the full replacement cost and expense and keep in effect during the Term broad form comprehensive general liability insurancethereof, includingincluding coverage against, without limitation, contractual sprinkler and water damage. A copy of such policy will be provided to Landlord on request.
(b) Throughout the Term, Tenant shall provide and maintain a policy of commercial general liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant insurance with respect to Articles 7 and 8the Premises, written on an "occurrence" basis, with a combined single limit per occurrence of at least $1,000,000.00, and a general aggregate limit of at least $2,000,000.00, and including without limitation, personal injury and contractual liability in an amount equal to coverage for the amount performance by Tenant of the indemnity agreements set forth in the Summarythis Lease. Such coverage Tenant's liability insurance policy shall name Landlord, any Mortgagee, Landlord's management company, and any designee of Landlord as additional insureds. The policy shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such written by an insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies company licensed to do business in California the state where the Building is located and which have a general reasonably satisfactory to Landlord. A copy of such policy holders' rating will be provided to Landlord on request.
(c) All insurance policies required to be carried under this Lease by or on behalf of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide"Tenant shall provide, shall specifically include the liability assumed hereunder by Tenant, and Tenant shall provide that it is primary insurance Landlord with certificates stating that: unless Landlord and not in excess over or contributory with any each other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, additional insured shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive be given thirty (30) days' written notice from the insurer prior to of any cancellation or failure to renew or material change of coverage. Tenant to the policies, as the case may be (i) the insurance shall deliver not be canceled and shall continue in full force and effect, (ii) the insurance carrier shall not fail to renew the insurance policies of such insurance or certificates thereof to Landlord on or before the Commencement Datefor any reason, and thereafter at least thirty (30iii) days before no material change may be made in an insurance policy. As used in this Lease, the expiration dates term "insurance policy" shall include any extensions or renewals of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such an insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingpolicy.
Appears in 1 contract
Samples: Lease Agreement (Optel Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an "occurrence" basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord's property manager, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant's coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. Subject to its express exclusions, this policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury andProperty Damage Liability $4,000,000 each occurrence Personal Injury and Advertising Liability $4,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $2,000,000
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the "Original Improvements"), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains (it being understood that Tenant shall not be required to carry "flood" insurance), and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109‑144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110‑160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Tenant’s Insurance. Tenant shall procure at its cost maintain in full force and expense and keep in effect during the Lease Term broad form comprehensive the following insurance:
9.1.1 Tenant shall maintain a policy or policies of commercial general liability insurance, includingincluding property damage, without limitation, contractual against liability for Tenant's indemnity obligation contained personal injury, bodily injury, death, and damage to property occurring in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8or about, or resulting from an occurrence in or about, the Leased Premises with a combined single limit coverage of liability in an amount equal to not less than the amount of Tenant’s Minimum Liability Insurance set forth in the Summarysection 1.10 of this Lease. Such coverage shall be in a comprehensive commercial general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property insurance shall contain fire damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership a “contractual liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by ” endorsement insuring Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account ’s performance of Tenant’s obligation to indemnify Landlord contained in section 10.3 of this Lease. If Landlord’s Lender, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, insurance advisor or counsel reasonably determines at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from any time to time as requested by Landlord based upon Landlord's determination of that the amount of such coverage is not adequate, Tenant shall increase such coverage to such amount as Landlord’s Lender, insurance generally required advisor or counsel reasonably deem adequate, not to exceed the level of coverage then commonly carried by comparable businesses similarly situated; provided, however, that no such request may be made more than one time during the Term and, if applicable, one time during the Extension Term.
9.1.2 Tenant shall maintain a policy or policies of fire and property damage insurance in “all risk” form insuring the personal property, inventory, Trade Fixtures, and Leasehold Improvements within the Leased Premises for comparable tenants, premises the value thereof reasonably determined by Tenant. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured.
9.1.3 Tenant shall maintain a policy or policies of worker’s compensation insurance and buildings in the general geographic location of the Building or required by a lender any other employee benefit insurance sufficient to comply with all Laws.
9.1.4 Landlord and such others as it shall reasonably designate with an interest in the BuildingProperty, shall be named as additional insureds or loss payees, as appropriate, on the policies of insurance described in sections 9.1.1 and 9.1.2 of this Lease, above. All insurance required by this paragraph:
(i) shall be primary insurance which provides that the insurer shall be liable for the full amount of the loss up to and including the total amount of liability set forth in the declarations without the right of contribution from any other insurance coverage of Landlord;
(ii) shall be in a form reasonably satisfactory to Landlord;
(iii) shall be carried with companies with a rating of no less than A-VIII or better, reasonably acceptable to Landlord;
(iv) shall provide that Tenant’s insurers shall use good faith efforts to provide at least 10 days’ prior written notice to Landlord in the event of cancellation or change; and
(v) shall not have a deductible in excess of ten thousand dollars ($10,000) per occurrence. Certificates of insurance for such policy or policies shall be deposited with Landlord prior to the time Tenant enters into possession of the Leased Premises and upon renewal of such policies, but not less than 10 days prior to the expiration of the term of such coverage.
Appears in 1 contract
Tenant’s Insurance. Tenant shall procure shall, at its cost and own expense and keep cost, maintain the following policies of insurance in full force and effect during the Lease Term broad form comprehensive and any Extension Period:
(a) Property insurance insuring against loss or damage resulting from all-risk perils with respect to the building structures on the Leased Premises in an amount not less than 100% of the full insurance replacement cost thereof.
(b) Business interruption insurance insuring against loss of income resulting from the same perils described above in an amount not less than one year of total Base Monthly Rent and Additional Rent, calculated at the rate payable during the next ensuing year of the Lease Term.
(c) Comprehensive general liability insuranceinsurance applying to the use and occupancy of the Leased Premises, includingor any part thereof, without limitation, contractual and the business operated by Tenant on the Leased Premises. Such insurance shall include Broad Form Contractual liability for insurance coverage insuring all of Tenant's ’s indemnity obligation contained in Section 17 and specific obligations under this Lease. The general liability coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with shall have a minimum combined single limit of liability in an amount equal of at least one million dollars ($1,000,000) and a general aggregate limit of two million dollars ($2,000,000) (except products liability as to which the amount set forth in the Summaryaggregate liability is $1,000,000). The Company will maintain a $1,000,000 all risks umbrella policy. Such coverage may be subject to a deductible not in excess of one hundred thousand dollars ($100,000) (except for products liability coverage as to which the deductible shall be in a comprehensive general liability form with at least the following endorsements reasonable and customary amount). All such policies shall be written to the extent such endorsements are generally available: (i) deleting any employee exclusion on apply to all bodily injury, property damage, personal injury coverageand other covered loss, (ii) including employees as additional insuredhowever occasioned, (iii) providing for blanket contractual coverage, broad form property damage coverage occurring during the policy term and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by be endorsed to add Landlord as an additional insured, insured and to provide that such coverage shall be carried by companies licensed to do business in California primary and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary any insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried maintained by Landlord or any other party, shall be excess insurance only. All such insurance shall provide for severability of interests, interest; shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage insureds shall not reduce or void avoid coverage to the coverage as to any insured, other named insureds; and shall afford coverage for all claims based on acts, omissions, injury or damage and damage, which claims occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such also maintain workers’ compensation insurance or certificates thereof to Landlord on or before the Commencement Date, in accordance with applicable law and thereafter at least thirty (30) days before the expiration dates of expiring policies; and employers’ liability insurance with coverage no less than that customarily maintained by similar employers in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingarea.
Appears in 1 contract
Samples: Industrial Real Property Lease (Thermadyne Australia Pty Ltd.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(1) sub-sections (x) and (y), and thereafter or Section 10.4(11) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an "occurrence" basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Tenant shall fail to procure such insuranceProject, or to deliver such policies or certificatesincluding Landlord's managing agent, Landlord mayground lessor and/or lender, at its optionif any, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills thereforenamed as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. Tenant shall be responsible, at its cost and expense, for separately insuring provide an endorsement or policy excerpt showing that Tenant's propertycoverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The amounts coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of such all of Tenant's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be subject less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $5,000,000 each occurrence Property Damage Liability Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.Rented $1,000,000.00 Premises Liability
Appears in 1 contract
Samples: Office Lease (Affymetrix Inc)
Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Sections 10.4(I)(x) and 10.4(I)(y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability Five Million Dollars ($5,000,000) each occurrence Personal Injury and Advertising Liability One Million Dollars ($1,000,000) each occurrence Tenant Legal Liability/Damage to Rented Premises Liability One Million Dollars ($1,000,000.00)
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the “Improvements,” as that term is defined in Section 2.1 of the Work Letter Agreement, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of the Building or required by a lender with an interest in the Buildingany pipes, explosion, and backup of sewers and drainage.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall procure shall, at its sole cost and expense expense, take out and keep maintain in effect during full force and effect, at all times throughout the Term broad form comprehensive general liability Term, the following insurance:
(a) All Risks" insurance on property of every description and kind owned by the Tenant, or for which the Tenant is legally responsible in law or which is installed by or on behalf of the Tenant, within the Premises including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 stock-in-trade, furniture, equipment, partitions, trade fixtures and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8Leasehold Improvements, with a combined single limit of liability in an amount equal not less than the full replacement cost thereof from time to time;
(b) general liability and property damage insurance, including personal liability, contractual liability, tenants' legal liability, non-owned automobile liability, and owners' and contractors' protective insurance coverage with respect to the amount set forth in Premises, which coverage shall include the Summarybusiness operations, including, but not limited to, licenced events conducted on the Premises. Such coverage policies shall be in written on a comprehensive general liability form basis with at least coverage for any one occurrence or claim of not less than five million dollars ($5,000,000) or such higher limits as the following endorsements Landlord may reasonably require from time to the extent such endorsements are generally available: time;
(ic) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coveragewhen applicable, broad form property damage coverage comprehensive boiler and products completed operations coverage machinery insurance on a blanket repair and replacement basis, with limits for each accident in an amount not less than the full replacement costs of the property, with respect to all boilers and machinery owned or operated by the Tenant or by others (where applicable), other than the Landlord) on behalf of the Tenant in the Premises or relating to or serving the Premises;
(ivd) deleting any liquor liability exclusions, and (v) providing for coverage such other forms of employees' automobile non ownership liability. Such insurance shall name as may be reasonably required by the Landlord and any other party designated by Landlord as an additional insured, Mortgagee from time to time.
(e) All such insurance shall be carried by companies licensed to do business with insurers and shall be on such terms and conditions as the Landlord reasonably approves. The insurance described in California Sections 9.l(a) and which have a general policy holders' rating of at least "VIII" 9.l(c) shall name as set forth loss payee the Landlord and anyone else with an interest in the most current issue of "Best's Insurance Guide", shall specifically include Premises from time to time designated in writing by the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy periodLandlord, and shall provide that any proceeds recoverable in the event of damage to Leasehold Improvements shall be jointly payable to the Landlord. The insurance described in Sections 9.l (b) and 9.l (d) shall name as an additional insured the Landlord will receive thirty and anyone else with an interest in the Premises from time to time designated in writing by the Landlord. The Landlord agrees to make available such proceeds toward repair or replacement of the insured property if this Lease is not terminated pursuant to the terms of this Lease. All public liability insurance shall contain a provision for cross-liability or severability of interest as between the Landlord and the Tenant.
(30f) days' written notice All of the foregoing property policies shall contain a waiver of any right of subrogation or recourse by the Tenant's insurers against the Landlord or the Landlord's mortgagees, agents and employees, whether or not any loss is caused by the act, omission or negligence of the Landlord, its mortgagees, agents or employees. All of the foregoing property policies shall also contain a waiver of any right of subrogation or recourse by the Landlord’s insurers against the Tenant or the Tenant's mortgagees, agents and employees, whether or not any loss is caused by the act, omission or negligence of the Tenant, its mortgagees, agents or employees. The Tenant shall obtain from the insurer prior insurers under such policies undertakings to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to notify the Landlord on or before the Commencement Date, and thereafter in writing at least thirty (30) days before the expiration dates of expiring policies; and in the event prior to any cancellation thereof. The Tenant shall fail furnish to procure the Landlord, on written request, certificates of all such insurance, policies. The Tenant agrees that if it fails to take out or to deliver keep in force such policies insurance or certificatesif it fails to provide a certificate of every policy and evidence of continuation of coverage as herein provided, the Landlord mayshall have the right to take out such insurance and pay the premium therefor and, at its optionin such event, procure same for the account of TenantTenant shall pay to the Landlord the amount paid as premium plus fifteen percent (15%), and the cost thereof which payment shall be paid deemed to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination Additional Rent payable on the first day of the amount of such insurance generally required for comparable tenants, premises and buildings in next month following payment by the general geographic location of the Building or required by a lender with an interest in the BuildingLandlord.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Insurance. (a) Tenant shall procure carry, at its Tenant’s sole expense, insurance against any or all risks of physical loss in an amount adequate to cover the cost of replacement of all of Tenant’s Alterations, trade fixtures, equipment and expense personal property. If Tenant’s insurance does not otherwise cover losses caused by breakage or other malfunction of any of Tenant’s machinery or equipment used by Tenant in the Premises, then Tenant shall carry equipment breakdown insurance (so called boiler and keep machinery insurance) covering Tenant’s equipment and machinery (including any heating, ventilation and air conditioning systems, electrical equipment, and the like). Tenant acknowledges that Landlord’s insurance is not intended to cover Tenant’s Alterations, trade fixtures, equipment, and personal property. If the Premises contain any plate glass, Tenant shall carry plate-glass insurance covering all plate glass on the Premises at full replacement cost. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 16, whereupon any insurance proceeds covering any of Tenant’s Alterations, fixtures, equipment and personal property that Tenant is required to leave in effect during the Premises at the expiration or earlier termination of the Lease Term broad form under Article 20 shall be payable to Landlord.
(b) Tenant shall carry, at Tenant’s sole expense, comprehensive or commercial general liability insurance, includingfully covering any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Center. Such liability insurance shall include without limitationlimitation bodily injury (including wrongful death), property damage, advertising injury, personal injury and contractual liability for coverages (including Tenant's indemnity obligation contained ’s indemnification obligations under Article 13), independent contractors, owned, nonowned, and hired vehicle liability and, if alcoholic beverages are served, sold, consumed or obtained in the Premises, liquor-law liability. The initial limit to Tenant’s insurance broker of such insurance shall be at least $3,000,000 combined single liability limit if the Rentable Square Footage of the Premises (as indicated in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 81.2) exceeds 3,000 square feet, with a or $2,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limit shall be subject to periodic increase, at Landlord’s election, based upon inflation, increased liability awards, lender requirements, the recommendations of liability Landlord’s professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain worker’s compensation coverage in an amount equal adequate to comply with law, and employer’s liability coverage with a limit of not less than $2,000,000. If Tenant’s use of the amount set forth in the SummaryPremises involves any use, generation, manufacturing, storage or disposal of any Hazardous Materials, or if any of Tenant’s activities increases any risk of any liability to Tenant or Landlord under Hazardous Materials Laws, Tenant shall carry such environmental insurance as may be reasonably required by Landlord or Landlord’s lender. Such coverage Tenant shall, at Tenant’s sole expense, maintain such other liability insurance as Tenant reasonably deems necessary to protect Tenant.
(c) Each policy of insurance required to be carried by Tenant hereunder shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coveragename Landlord, Xxxxxxxx’s lender and Landlord’s property manager (if any) as additional insureds, (ii) including employees as additional insuredcontain cross-liability and contractual liability provisions, (ii) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written notice to Landlord and Landlord’s lender, (iii) providing for blanket contractual coverage, broad form property damage coverage be issued by an insurer licensed in California and products completed operations coverage (where applicable)reasonably approved by Landlord, (iv) deleting any liquor liability exclusionsnot exclude coverage for acts of terrorism, and (viv) providing be primary and noncontributory to any insurance carried by Xxxxxxxx, regardless of the absence of negligence or other fault of Tenant for coverage alleged injury, death and/or property damage. The deductible or self-insured retention on any insurance required to be carried by Tenant hereunder shall not exceed, without the prior written consent of employees' automobile non ownership liabilityLandlord, Five Thousand Dollars ($5,000) per occurrence. Such Tenant shall be responsible for the payment of the full amount of any deductible or self-insured retention on its insurance. No insurance carried or required to be carried by Tenant, nor the amount or limits thereof, shall name Landlord limit Tenant’s liability nor relieve Tenant of any obligation under this Lease.
(d) Each policy of insurance required to be carried by Tenant hereunder shall be obtained by Xxxxxx and maintained in full force and effect throughout the Lease Term and any other party designated by Landlord as an additional insured, shall be carried by companies licensed period of Tenant’s actual or constructive possession of the Premises. Prior to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord Commencement Date or any other party, shall provide for severability earlier taking of interests, shall further provide that an act or omission possession of one any part of the named insiders which would void or otherwise reduce coverage Premises, Tenant shall not reduce or void the coverage as deliver to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose Landlord (i) an XXXXX Form 27 certificate (or such other certificate providing the onset greatest protection to Landlord reasonably available) evidencing all insurance required to be maintained by Tenant and identifying all additional insureds required to be so designated under the terms of which occurred or arose) in whole or part during the policy periodthis Lease, and shall provide that Landlord will receive thirty (30ii) days' written notice from all additional insured endorsements provided by the insurer prior to any cancellation or change in favor of coverageLandlord, Xxxxxxxx’s property manager and Landlord’s lender as required by this Lease. Tenant shall deliver policies evidence of such insurance or certificates thereof to Landlord on or before the Commencement Datea renewal of each required policy, and thereafter together with all required endorsements, at least thirty (30) days before the prior to expiration dates of expiring policies; and in the event thereof. Tenant shall fail permit Landlord at all reasonable times to procure such inspect the policies of insurance, or to and shall deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost copies thereof shall be paid to Landlord within five ten (510) days after delivery to Tenant of bills thereforeXxxxxxxx’s request therefor. Tenant shall be responsiblein material breach of this Lease if Tenant fails to obtain the insurance required under this Section, at its cost or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and expense, for separately insuring Tenant's property. The amounts terms of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingthis Lease.
Appears in 1 contract
Samples: Standard Industrial Net Lease (CardioVascular BioTherapeutics, Inc.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an "occurrence" basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord's managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant's coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $5,000,000 each occurrence $3,000,000 each occurrence Personal Injury and Advertising Liability XXXXXX REALTY Del Mar Corporate Centre II [DermTech, Inc.] 0000-0000-0000.7 377185.00017/7-1-21/gjn/gjn Tenant Legal Liability/Damage to Rented Premises Liability $5,000,000
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the "Original Improvements"), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of the Building any pipes, explosion, and backup or required by a lender with an interest in the Buildingoverflow from sewers or drains.
Appears in 1 contract
Samples: Office Lease (DermTech, Inc.)
Tenant’s Insurance. a. Tenant shall procure shall, during the Term hereof and any other period of occupancy, at its sole cost and expense expense, obtain, maintain and keep in full force and effect during the Term broad form comprehensive general liability following insurance:
(i) Standard Form Property Insurance insuring against the perils of fire, includingextended coverage, vandalism, malicious mischief, special extended coverage ("All-Risk") and sprinkler leakage. This insurance policy shall be upon property of every description and kind owned by Tenant, for which Tenant is legally liable or that was installed at Tenant's expense, and which is located in the Building, including without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 furniture, fittings, installations, fixture (other than Building Standard Work), and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8other personal property, with a combined single limit of liability in an amount equal not less than ninety percent (90%) of the full replacement cost thereof. In the event that there shall be a dispute as to the amount set forth which comprises full replacement cost, the parties shall submit their dispute to binding arbitration for resolution. This insurance policy shall also be upon direct or indirect loss of Tenant's earnings attributable to Tenant's inability to use fully or obtain access to the Premises or Building in the Summaryan amount as will properly reimburse Tenant. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance policy shall name Landlord and any other party designated by mortgagees of Landlord as Additional Insured as their respective interests may appear.
(ii) Comprehensive General Liability Insurance insuring Tenant against any liability arising out of the lease, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the amount of $3,000,000 Combined Single Limit for injury to, or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence. The policy shall insure the hazards of premises and operations, independent contractors, contractual liability (covering the indemnity contained in Paragraph 20 hereof) and shall (a) name Landlord as an additional insuredAdditional Insured, (b) contain a Cross Liability provision, and (c) contain a provision that "the insurance provided the Landlord hereunder shall be carried primary and non-contributing with any other insurance available to the Landlord".
(iii) Workmen's Compensation and Employer's Liability Insurance (as required by state law).
(iv) Any other form or forms of insurance as Tenant or Landlord or any mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself.
b. All policies shall be written in a form satisfactory to Landlord and shall be taken out with insurance companies licensed to do business in California holding a General Policyholders Rating of "A" and which have a general policy holders' rating Financial Rating of at least "VIIIX" or better, as set forth in the most current issue of "Best's Bests Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on Certificates of Insurance satisfactory to Landlord. No such policy shall be cancelable or before the Commencement Date, and thereafter at least reducible in coverage except after thirty (30) days before prior written notice to Landlord. Tenant shall, within ten (10) days prior to the expiration dates of expiring such policies; and in the event Tenant shall fail to procure such insurance, furnish Landlord with renewals or "binders" thereof, or to deliver Landlord may order such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, insurance and charge the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant as Additional Rent. If Landlord obtains any insurance that is the responsibility of bills therefore. Tenant under this Xxxxxxxxx 00, Xxxxxxxx shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject deliver to adjustment from time to time as requested by Landlord based upon Landlord's determination of Tenant a written statement setting forth the amount of any such insurance generally required for comparable tenants, premises cost increase and buildings showing in reasonable detail the general geographic location of the Building or required by a lender with an interest manner in the Buildingwhich it has been computed.
Appears in 1 contract
Samples: Office Lease (Loudeye Corp)
Tenant’s Insurance. Tenant shall procure keep in force at its cost and expense and keep own ------------------ expense, so long as this Lease remains in effect during the Term broad form comprehensive general effect, (a) public liability insurance, including, without limitation, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's indemnity obligation contained personal property in Section 17 the Premises and specific coverage of risks arising out of any activities all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to Articles 7 the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverageextent, (ii) including employees as additional insuredrequired by law, (iii) providing for blanket contractual coverage, broad form property damage workmen's compensation or similar insurance offering statutory coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusionscontaining statutory limits, and (vd) providing shall insure all interior plate and other interior glass in the Premises for coverage and in the name of employees' automobile non ownership liabilityLandlord. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have also contain a general provision stating that such policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage policies shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive be canceled except after thirty (30) days' written notice from the insurer prior to any cancellation Landlord or change of coverageits designees. Tenant shall deliver All such policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to adjustment from time the foregoing insurance coverage, Tenant shall require any contractor retained by it to time perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as requested contractor is working in the Premises, a non- deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen's compensation insurance or similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord based pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord's determination of demand, as additional rent the amount of premiums for such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildinginsurance.
Appears in 1 contract
Tenant’s Insurance. (a) Tenant shall procure carry, at its Tenant’s sole expense, insurance against any or all risks of physical loss in an amount adequate to cover the cost of replacement of all of Tenant’s Alterations, trade fixtures, equipment and personal property. If Tenant’s insurance does not otherwise cover losses caused by breakage or other malfunction of any of Tenant’s machinery or equipment used by Tenant in the Premises, then Tenant shall carry equipment breakdown insurance (so called boiler and machinery insurance) covering Tenant’s equipment and machinery (including any heating, ventilation and air conditioning systems, electrical equipment, and the like). Tenant acknowledges that Landlord’s insurance is not intended to cover Tenant’s Alterations, trade fixtures, equipment, and personal property. My policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 16, whereupon any insurance proceeds covering any of Tenant’s Alterations, fixtures, equipment and personal property that Tenant is required to leave in the Premises at the expiration or earlier termination of the Lease Term under Article 20 shall be payable to Landlord. Provided, however, that at Landlord’s sole election, Landlord may obtain at Tenant’s expense and keep any or all of the insurance described in effect during this Section if Tenant fails to obtain the Term broad form insurance required under this Article.
(b) Tenant shall carry, at Tenants sole expense, comprehensive or commercial general liability insurance, includingfully covering any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Center. Such liability insurance shall include without limitationlimitation bodily injury (including wrongful death), property damage, advertising injury, personal injury and contractual liability for coverages (including Tenant's indemnity obligation contained in Section 17 ’s indemnification obligations under Article 13), independent contractors, owned, nonowned, and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8hired vehicle liability and, with a combined single limit of liability in an amount equal to the amount set forth if alcoholic beverages are served, sold, consumed or obtained in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coveragePremises, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liquor-law liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts initial limit of such insurance shall be at least $2,000,000 combined single liability limit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limits may be met by umbrella coverage of not less than $5,000,000 and shall be subject to adjustment from time to time as requested by Landlord periodic increase, at Landlord’s election, based upon Landlord's determination of the amount of such insurance generally required for comparable tenantsinflation, premises and buildings in the general geographic location of the Building or required by a increased liability awards, lender with an interest in the Building.requirements, the
Appears in 1 contract
Samples: Standard Industrial Net Lease (Mabvax Therapeutics Holdings, Inc.)
Tenant’s Insurance. Tenant shall procure at its cost and expense maintain insurance complying with all of the following:
A. Tenant shall procure, pay for and keep in effect full force and effect, at all times during the Term broad Lease Term, the following:
(1) Commercial General Liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Leased Premises, or resulting from Tenant’s use or occupancy of the Leased Premises or the Building, Outside Areas or Property, or resulting from Tenant’s activities in or about the Leased Premises. Such insurance shall be on an occurrence basis with a limit of liability of not less than the amount of Tenant’s Required Liability Coverage (as set forth in Article 1). The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds in the form comprehensive general equivalent to CG20111185 or successor and shall contain the following additional endorsement: “The insurance afforded to the additional insureds is primary insurance. If the additional insureds have other insurance which is applicable to the loss on a contributing, excess or contingent basis, the amount of this insurance company’s liability under this policy shall not be reduced by the existence of such other insurance. Any insurance carried by the additional insureds shall be excess and non contributing with the insurance provided by the tenant.” The policy shall not be canceled or reduced without at least 30 days written notice to additional insureds. If the policy insures more than one location, it shall be endorsed to show that the limits and aggregate apply per location using endorsement CG25041185 or successor. Tenant’s policy shall also contain the severability of interest and cross-liability endorsement or clauses.
(2) Fire and property damage insurance in so-called Special Form plus flood insuring Tenant against loss from physical damage to Tenant’s personal property, inventory, stock, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof;
(3) Plate-glass insurance, includingat actual replacement cost;
(4) Boiler and machinery insurance, without limitationif applicable;
(5) Workers’ compensation insurance and any other employee benefit insurance sufficient to comply with all Laws;
(6) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, contractual contingent liability and builder’s risk insurance, in an amount and with coverage satisfactory to Landlord;
(7) Business Income Insurance at a minimum of 50% coinsurance including coverage for Tenant's indemnity obligation contained in Section 17 and specific coverage loss of risks arising out business income due to damage to equipment from perils covered under the so called Special Form plus the perils of any activities of Tenant pursuant to Articles 7 and 8, flood; and
(8) Auto Liability insurance with a combined single limit coverage of liability in an amount equal to not less than the amount of Tenant’s Required Liability Coverage (as set forth in Article 1) for bodily injury and/or property damage liability for: a) Owned autos b) Hired or borrowed autos and c) Non-owned autos.
B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Summary. Such coverage Leased Premises or the Property (i) shall be in a comprehensive general liability form with at least the following endorsements reasonably satisfactory to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverageLandlord, (ii) including employees shall be provided by carriers admitted to do business in the state of California, with a Best rating of “A-/VII”. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord, its principal, employees, agents and contractors which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its principals, employees, agents or contractors.
C. Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this article, (i) a certificate of the insurance or insurance binder certifying that the policy has been issued providing the coverage required by this Article 9 and containing the provisions herein, which certificate shall be in a form reasonably satisfactory to the Landlord, and (ii) evidence that the premium for such policy has been paid. Attached to such a certificate shall be endorsements naming Landlord as additional insured, (iii) providing for blanket contractual coverageand including the wording under primary insurance above. With respect to each renewal or replacement of any such insurance, broad form property damage coverage the requirements of this Article 9 must be complied with not less than 10 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and products completed operations coverage (where applicable), (iv) deleting from time-to-time inspect and/or copy any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such all insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall policies required to be carried by companies licensed Tenant pursuant to do business in California and which have a general policy holders' rating this article. If Landlord’s lender, insurance broker or advisor or counsel reasonably determines at any time that the form or amount of at least "VIII" as coverage set forth in the most current issue Section 9.1.(A) for any policy of "Best's Insurance Guide"insurance Tenant is required to carry pursuant to this Article 9 is not adequate, shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. then Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of increase the amount of coverage for such insurance generally required to such greater amount or change the form as Landlord’s lender, insurance broker or advisor or counsel reasonably deems adequate (provided however such increase level of coverage may not exceed the level of coverage for such insurance commonly carried by comparable tenantsbusinesses similarly situated and operating under similar circumstances).
D. To the extent Tenant can obtain such coverage on a commercially reasonable basis, premises and buildings in the general geographic location Commercial General Liability insurance carried by Tenant shall specifically insure the performance by Tenant of the Building or required by a lender with an interest indemnification provisions set forth in Section 8.2 of this lease provided, however, nothing contained in this Article 9 shall be construed to limit the Buildingliability of Tenant under the indemnification provisions set forth in said Section 8.2.
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Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect during the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage23.1. Tenant shall deliver policies of such insurance or certificates thereof covenants to Landlord provide on or before the Commencement DateDate and throughout the Term for the benefit of Landlord, Landlord’s mortgagee, Landlord’s Managing Agent and thereafter Tenant: ● A comprehensive policy of liability insurance and/or Certificate of Insurance, with a deductible not exceeding $2,500, protecting Landlord, Landlord’s mortgagee, Landlord’s Managing Agent and Tenant against any liability whatsoever occasioned by accident on or about the Real Property, the Building or the Premises or any appurtenances thereto. Such policy is to be written by insurance companies qualified to do business in the State of New Jersey and which are rated “Grade A-X” or better in Best’s and at limits of liability in minimum amounts approved by Landlord from time to time in respect of any one person, in respect of any one accident and in respect to property damage. The original amounts thereof are as set forth in Item M of the Basic Lease Provisions. Such insurance may be carried under a blanket policy covering the Premises and other locations of Tenant, if any. ● Fire and Extended Coverage, Vandalism, Malicious Mischief and Special Extended Coverage Insurance in an amount adequate to cover the cost of replacement of all personal property, decorations, trade fixtures, furnishings and equipment in the Premises and all contents therein. Landlord shall not be liable for any damage to property of Tenant by fire or other peril, no matter how caused, it being understood that Tenant will look solely to its insurer for reimbursement.
23.2. Prior to the time such insurance is first required by this Paragraph 23 to be carried by Tenant and thereafter, at least thirty (30) days before prior to the expiration dates of expiring policies; any such policy, Tenant agrees to deliver to Landlord either a duplicate original of the aforesaid policy or a certificate evidencing such insurance. Said certificate shall contain an endorsement that such insurance may not be canceled except upon thirty (30) days’ notice to Landlord, together with evidence of payment for the policy.
23.3. Upon failure at any time on the part of Tenant to procure and deliver to Landlord the policy or certificate of insurance, as herein above provided, Landlord shall be at liberty, but shall not be obligated in the event Tenant any way whatsoever, from time to time, as often as such failure shall fail occur, to procure such insuranceinsurance and to pay the premium therefor, and any sums paid for insurance by Landlord shall be and become Additional Rent and due immediately. Payment by Landlord of such premium or the carrying by Landlord of any such policy shall not be deemed to waive or release Tenant’s Default with respect thereto.
23.4. Tenant will not do or permit anything to be done upon or bring or keep or permit anything to be brought or kept upon the Premises which will increase Landlord’s rate of insurance on the Building. If by reason of the failure of Tenant to comply with the terms of this Lease, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account by reason of Tenant’s occupancy (even though permitted or contemplated by this Lease), and the cost thereof shall be paid insurance rate charged to Landlord within five (5) days after delivery to shall at any time be higher than it would otherwise be, Tenant will reimburse Landlord for that part of bills thereforeall insurance premiums charged because of such violation or occupancy by Tenant. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such agrees to comply with any reasonable requests or recommendation made by Landlord’s insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingunderwriter.
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Tenant’s Insurance. Tenant shall covenants and agrees to procure and maintain, at its cost and expense and keep Tenant’s expense, prior to entry upon the Premises, in effect during the Term broad form comprehensive general responsible companies reasonably approved by Landlord, combined single limit public liability insurance, includinginsuring Landlord and Tenant, without limitationas their interests may appear, contractual liability against all claims, demands or actions for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out bodily injury, including death of any activities person, property damage, and personal injury with limits of Tenant pursuant to Articles 7 not less than $1,000,000.00 for each occurrence and 8$2,000,000.00 on an annual aggregate basis, and also casualty coverage insuring Landlord and Tenant, as their interests may appear, with a combined single limit of not less than $300,000.00 for each occurrence. Landlord shall have the right to direct Tenant to increase such amounts whenever Landlord’s insurance carrier or governing authority considers them inadequate. Such liability in insurance shall also cover any liability from signs erected by Tenant. The policy of insurance shall provide that Landlord is specifically named as an amount equal additional insured therein. Tenant shall also maintain, at its own cost and expense, with nationally recognized companies, insurance as follows: (1) insurance commonly known as “special all risk property insurance” on property belonging to Tenant or for which Tenant is the amount set forth bailee covering 100% of the replacement cost of any item of value including Tenant’s property and specifically including but not limited to signs, stock, inventory, furniture and fixtures, equipment, and improvements and betterments installed by Tenant; (2) business interruption insurance covering 100% of Tenant’s actual loss sustained for a period not exceeding twelve (12) months; and (3) insurance covering all glass forming a part of the Premises including plate glass in the SummaryPremises. Such coverage All of said insurance shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by in responsible companies licensed to do business in California the State of Georgia and which shall have a general policy holders' rating an A.M. Best Rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", A-,VIII and shall specifically include the liability assumed hereunder by Tenant, shall endeavor to provide that it is primary insurance and will not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as be subject to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or termination or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter except after at least thirty (30) days before prior written notice to Landlord. The certificates of insurance shall be deposited with Landlord no later than the expiration dates day Tenant opens for business. Thereafter, Tenant shall provide Landlord with certificates of expiring policies; and in insurance within fifteen (15) days after renewal of any such policy. In the event Tenant shall fail fails to procure such insurance, obtain or to deliver such policies or certificates, Landlord may, at its option, procure same for maintain the account of Tenantinsurance required hereunder, and fails to provide Landlord with the cost thereof shall be paid to Landlord required certificates of insurance within five thirty (530) days after delivery demand therefore, Landlord may obtain same (but shall have no obligation to do so) and any costs incurred by Landlord in connection therewith shall be payable by Tenant of bills thereforeupon demand. Tenant shall be responsible, at agrees that its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested primary over any insurance, which may be purchased by Landlord based upon the Landlord's determination . In the event of any loss of property or earnings of the amount Tenant as a result of such property damage, the Tenant agrees not to subrogate against the Landlord and further agrees that it shall require an express waiver of any right of subrogation by its insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingcompany against Landlord.
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Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall provide an endorsement or policy excerpt showing that Tenant’s coverage is primary with respect to the Premises except in the case of an insured loss resulting from Landlord’s negligence, in which case Landlord’s insurance shall be primary (without imposing any liability or obligation on Landlord in the event Tenant shall fail to procure that Landlord’s insurance does not cover such insuranceloss), or as otherwise expressly provided in this Lease. With respect to deliver such policies any primary coverage by Tenant, any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or certificates, Landlord may, at its option, procure same fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the account performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $3,000,000 each occurrence Personal Injury and Advertising Liability $3,000,000 each occurrence
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Tenant Improvements and any other improvements existing in the cost thereof shall be paid to Landlord within five Premises as of the date of this Lease (5excluding the Base Building), and (iii) days after delivery to Tenant of bills thereforeall Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. 1. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or required by a lender regulation, or is otherwise available at commercially reasonable rates).
10.3.3 Worker’s Compensation or other similar insurance pursuant to all applicable state and local statutes and regulations, and Employer’s Liability with an interest in the Buildingminimum limits of not less than $1,000,000 each accident/employee/disease.
10.3.4 Commercial Automobile Liability Insurance covering all Owned (if any), Hired, or Non-owned vehicles with limits not less than $1,000,000 combined single limit for bodily injury and property damage.
Appears in 1 contract
Tenant’s Insurance. Tenant shall procure shall, at its own cost and expense expense, secure and keep in effect during the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least maintain the following endorsements insurance with insurers reasonably acceptable to the extent such endorsements are generally availableLandlord: (i) deleting any employee exclusion commercial property insurance written on personal injury coveragea “special causes of loss” form providing fire and extended coverage insurance, including without limitation sprinkler damage, for the full replacement value of the contents of the Premises, including without limitation Tenant’s improvements, plate glass, furniture, fixtures, equipment and inventory; (ii) commercial general liability insurance including employees without limitation coverage for contractual liability covering Tenant’s obligations hereunder in which the limits of liability shall not be less than three million dollars ($3,000,000) per occurrence, for bodily injury and property damage; and (iii) such other insurance coverage, limits and/or endorsements as Landlord or any mortgagee of the Project may reasonably require from time to time. All such policies shall be primary and non-contributing with any coverage that Landlord may carry, shall name Landlord (and/or Landlord’s mortgagees and/or managing agent, if requested) as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as Landlord to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring prior to any material alteration or cancellation. Such insurance may not be carried under a blanket policy or policies; and in the event . The commercial general liability policy carried by Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills thereforea no-deductible policy. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject furnish to adjustment Landlord from time to time as requested by upon ten (10) days request a current Certificate of Insurance, evidencing the coverage and endorsements above required, failing which Landlord based upon Landlord's determination shall have the right, but not the obligation, to purchase the required insurance on Tenant’s behalf and one hundred ten percent (110%) of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingincurred shall be due from Tenant as Additional Rent.
Appears in 1 contract
Samples: Deed of Lease (Vocus, Inc.)
Tenant’s Insurance. Tenant shall procure agrees to maintain in full force and effect at all times during the Term, at its sole cost and expense expense, for the protection of Tenant and keep Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the following coverages:
(i) Commercial general liability insurance in effect during the Term an amount not less than Three Million and 00/100 Dollars ($3,000,000.00) combined single limit for both bodily injury and property damage which includes blanket contractual liability broad form comprehensive general property damage, personal injury, completed operations, and products liability, which policy shall name Landlord and Landlord’s Agents as additional insureds and shall contain a provision that “the insurance provided Landlord hereunder shall be primary and non-contributing with any other insurance available to Landlord with respect to any damage, loss, liability insurance, or expense covered by Tenant’s indemnity obligations under Paragraph 21.A.(i) of the Lease.”
(ii) Causes of loss special form property insurance (including, without limitation, contractual liability for vandalism, malicious mischief, inflation endorsement, and sprinkler leakage endorsement) on Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth ’s Personal Property located on or in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liabilityPremises. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue full amount of "Best's Insurance Guide"the replacement cost, shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering as the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment may from time to time increase as requested by Landlord based upon Landlord's determination a result of inflation or otherwise. As long as this Lease is in effect, the amount proceeds of such insurance generally required policy shall be used for comparable tenants, premises the repair and buildings in the general geographic location replacement of the Building or required by a lender with an such items so insured. Landlord shall have no interest in the Buildinginsurance proceeds on Tenant’s Personal Property. Notwithstanding the foregoing, Tenant shall have the right, at its election, to self-insure with respect to any loss or damage to Tenant’s Personal Property.
(iii) Boiler and machinery insurance, including steam pipes, pressure pipes, condensation return pipes and other pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in an amount satisfactory to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Claria Corp)
Tenant’s Insurance. Tenant shall procure shall, at its sole cost and expense expense, take out and keep maintain in full force and effect during at all times throughout the Term broad form comprehensive general liability the following insurance:
.1 “All Risks” insurance upon property of every description and kind owned by Tenant or by others and for which Tenant is legally liable, or which is installed by or on behalf of Tenant, within the Premises or on the Lands or Building, including, without limitation, contractual liability for Tenant's indemnity obligation contained stock in Section 17 trade, furniture, equipment, partitions, Trade Fixtures and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8Leasehold Improvements, with a combined single limit of liability in an amount equal not less than the full replacement cost thereof from time to time. If there shall be a dispute as to the amount set forth in of full replacement cost the Summary. Such decision of Landlord or the Mortgagee shall be conclusive;
.2 Commercial general liability and property damage insurance, including personal liability, contractual liability, tenants’ legal liability and non-owned automobile liability with respect to the Premises and the Common Areas, which coverage shall be in a comprehensive general liability form with at least include the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed business operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord conducted by Tenant and any other party person on the Premises. Such policies shall be written on a comprehensive basis with coverage for any one occurrence or claim of not less than $5,000,000.00 or such higher limits as Landlord or the Mortgagee may require from time to time;
.3 Business interruption insurance for a minimum period of 24 months including loss of profits in an amount that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against in Sections 10.1.1 and 10.1.2 or attributable to prevention of access to the Premises or the Building as a result of any such perils, including extra expense insurance if applicable; Notwithstanding the foregoing, but subject to the terms of this paragraph, for so long as the Tenant is Aquinox Pharmaceuticals (Canada) Inc., then Tenant may self-insure for business interruption insurance as set forth above. The Tenant agrees that where Tenant is self-insuring as contemplated herein:
.1 to “self-insure” shall mean that Tenant is itself acting as though it were the insurance company providing the insurance in the amounts as required pursuant to the section 10.1.3 and Tenant shall pay all amounts due in lieu of insurance proceeds which would have been payable if the insurance policies had been carried and all deductible amounts, which amounts shall be treated as insurance proceeds for all purposes of this Lease. This obligation includes Tenant’s obligation to provide Landlord, and any other designated by Landlord as an additional insuredfrom time to time, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one all of the named insiders protections, benefits, rights, indemnities and payments that would have been provided, had Tenant not elected to self-insure but had actually purchased such required insurance policies from independent insurers;
.2 all amounts which would void Tenant pays or otherwise reduce coverage shall not reduce or void the coverage as is required to any insured, shall afford coverage for pay and all claims based on acts, omissions, injury loss or damage resulting from risk for which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior Tenant has elected to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance self-insure shall be subject to adjustment the waiver of subrogation provisions section 10.2.2 of this Lease and shall not limit Tenant’s indemnification obligations;
.3 in the event that Tenant elects to self-insure and an event or claim occurs for which a coverage would have been available from the insurance company had insurance been purchased, Tenant shall use its own funds to pay any claim or replace any equipment or other physical property or otherwise provide the funding which would have been available from insurance proceeds but for such election by Tenant to self-insure; and
.4 without derogating from, or in any way limiting or restricting any other release or indemnity contained in this Lease, Tenant hereby releases and indemnifies Landlord and those for whom Landlord is in law responsible form and against any and all liabilities which would have been covered had Tenant not elected to self-insure for any such insurance coverage required by this Lease;
.4 Any form of insurance as Tenant, Landlord or the Mortgagee may reasonably require from time to time as requested by in amounts and for insurance risks acceptable to Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingany Mortgagee.
Appears in 1 contract
Tenant’s Insurance. Tenant shall procure Tenant, at its Tenant’s sole cost and expense and expense, agrees to keep in full force and effect at all times during the Term broad form comprehensive term of this Lease:
(i) Commercial general liability insurance which insures against claims for bodily injury, personal injury, advertising injury, and property damage based upon, involving, or arising out of the use, occupancy, or maintenance of the Premises and the Project. Such insurance shall afford, at a minimum, the following limits: Each Occurrence $ 1,000,000 General Aggregate 2,000,000 Products/Completed Operations Aggregate 1,000,000 Personal and Advertising Injury Liability 1,000,000 Fire Damage Legal Liability 100,000 Medical Payments 5,000 Any general aggregate limit shall apply on a per location basis. Tenant’s commercial general liability insurance shall, upon the request of Landlord, name Landlord and any Landlord Parties designated by Landlord as additional insureds. This coverage shall be written on the most current ISO CGL form, shall include blanket contractual, premises-operations and products-completed operations and shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire. Such insurance shall be written on an occurrence basis and contain a standard separation of insureds provision.
(ii) Workers’ compensation insurance in accordance with the laws of the state in which the Premises are located with employer’s liability insurance in an amount not less than $1,000,000.
(iii) Umbrella/excess liability insurance, includingon an occurrence basis, without limitationthat applies excess of the required commercial general liability, contractual business automobile liability, and employer’s liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, policies with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage following minimum limits: Each Occurrence $5,000,000 Annual Aggregate $5,000,000 These limits shall be in a comprehensive addition to and not including those stated for the underlying commercial general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverageliability, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusionsbusiness automobile liability, and (v) providing for coverage of employees' automobile non ownership liabilityemployers liability insurance required herein. Such insurance excess liability policies shall name Landlord and any other party Landlord Parties designated by Landlord as an additional insuredinsureds.
(iv) Causes of Loss – Special Form property insurance including theft, shall be carried by companies licensed to do business in California sprinkler leakage and which have a general policy holders' rating boiler and machinery coverage on all of at least "VIII" as set forth in Tenant’s Personal Property for the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coveragefull replacement cost thereof. Tenant shall deliver policies of use the proceeds from such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account replacement of Tenanttrade fixtures, furniture, inventory and the cost thereof shall be paid to Landlord within five other personal property.
(5v) days after delivery to Business income and extra expense insurance with limits not less than one hundred percent (100%) of all charges payable by Tenant under this Lease for a period of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingtwelve (12) months.
Appears in 1 contract
Samples: Office Lease (Costar Group Inc)
Tenant’s Insurance. Tenant shall procure will keep in force at its own expense, so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and expense with replacement cost endorsement, covering all of Tenant's personal property in the Premises and keep all improvements and installed in effect the Premises by or on behalf of Tenant whether pursuant to the terms of Section 7, Section 8, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits, and (d) shall insure all plate and other interior glass in the Premises for and in the name of the Landlord. Such policies will be maintained in companies and in form reasonably acceptable to Landlord and will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant will deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Phase I Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term broad form of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insuranceinsurance policy, including, without limitationbut not limited to, contractor's liability coverage, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual completed operations coverage, broad form property damage coverage endorsement and products completed operations coverage contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars (where applicable$200,000.00), (iv) deleting any liquor liability exclusionscombined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (vii) providing for coverage workmen's compensation insurance or similar insurance in form and amounts as required by law. In the event of employees' automobile non ownership liability. Such insurance shall name Landlord damage to or destruction of the Premises and any other party designated the termination of this Lease by Landlord as an additional insuredpursuant to Section 17 herein, shall be carried by companies licensed Tenant agrees that it will pay Landlord all of its insurance proceeds relating to do business in California and which have a general policy holders' rating of at least "VIII" as set forth improvements made in the most current issue Premises by or on behalf of "Best's Insurance Guide"Tenant whether pursuant to the terms of Section 7, shall specifically include the liability assumed hereunder by TenantSection 8, shall provide that or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as its sole judgment deems necessary to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy periodbe issued, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of in such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail agrees to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based pay promptly upon Landlord's determination of demand, as additional rent the amount of premiums for such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildinginsurance.
Appears in 1 contract
Tenant’s Insurance. During the Term, the Tenant shall procure and maintain, at its cost Tenant’s cost, the following insurance coverages on the Leased Premises.
(a) Coverage for all risks of direct physical loss of or damage to the House, and expense any appurtenances, in an amount not less than one hundred percent (100%) of the full insurable value.
(b) The term "full insurable value" shall mean the actual replacement cost, excluding foundation and keep excavation costs.
(c) Commercial General liability insurance as follows.
(1) The policy shall contain a cross- liability endorsement stating that, in effect during the Term broad form comprehensive general event that a claim is brought by one insured against another insured under the policy, or by an employee of one insured against another insured under the policy, each insured shall be considered a separate insured for purposes of the insurance; provided available and at a reasonable cost.
(2) The policy shall be written on the “caused by any occurrence” rather than written on the "caused by accident" basis for bodily injury and property damage liability insurance, including, without limitation, coverage.
(3) The policy shall be written with a blanket contractual liability endorsement providing automatic coverage for Tenant's indemnity obligation contained in Section 17 and specific bodily injury or property damage assumed under any type of contract or agreement.
(4) The policy shall be written using a “personal injury” endorsement providing coverage of risks for claims arising out of false arrest, false imprisonment, defamation of character, libel and slander, wrongful eviction and invasion of privacy and such endorsement shall not contain an exclusion of coverage for claims for “personal injury” brought by employees of an insured. The policy shall provide coverage against any activities claim, direct or indirect, actual or alleged, related to the employment of Tenant pursuant to Articles 7 and 8, any person by an insured.
(5) The policy shall be written with a combined single limit limits for bodily injury, personal property damage and liquor liability (if liquor is being sold) of at least Two Million Dollars ($2,000,000.00), and a supplemental catastrophic liability policy of Five Million Dollars ($5,000.00). Landlord shall have the right to increase the insurance coverage requirement under this Section from time to time as may be necessary, in an the Landlord’s discretion, to maintain adequate insurance coverage measured by reference to policies maintained by similarly situated businesses.
(d) During the course of all Pre-Occupancy Work and Post-Occupancy Work, except for Qualified Work, builder’s risk insurance.
(e) Steam boiler insurance on all steam boilers, present boilers, including piping and mechanical and electrical systems, or other such like apparatus as Landlord may deem necessary to be covered by such insurance and in such amount equal or amounts as Landlord may from time to time reasonably require.
(f) Flood insurance (whenever such insurance shall be obtainable at commercially reasonable standard rates if the Leased Premises is located in a special flood hazard zone) upon all buildings, improvements, fixtures and equipment to their full insurable value.
(g) Such other forms of insurance as from time to time may be reasonably required by Landlord, which at the time are commonly insured against in the case of the premises similarly situated, due regard being, or to be given, to the amount set forth in the Summary. Such coverage height and type of building, its construction, use and occupancy.
(h) All insurance required to be maintained under this Lease shall be effected under enforceable policies issued by insurers licensed to do business in a comprehensive general Connecticut. Tenant shall give Landlord Notice of any proposed insurer and Landlord shall have the reasonable right of Approval over the insurer selected by Tenant. Each liability form with at least the following endorsements insurance policy shall, to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coveragepossible, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, . Each policy shall be carried by companies licensed written pursuant to do business in California and which have a general an agreement, to the extent reasonably available, that such policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce be cancelled or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter non-renewed without at least thirty (30) days before days’ notice to the expiration dates of expiring policies; and in the event Landlord
(i) Tenant shall fail give Notice to procure such insurance, or to deliver such policies or certificates, the Landlord may, at its option, procure same of the payment of premiums for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance as Tenant is required to maintain under this Lease and shall be subject to adjustment from time to time as requested by provide Landlord based upon Landlord's determination with proof of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location existence of the Building or required by a lender with an interest in the Buildinginsurance upon request.
Appears in 1 contract
Samples: Ground Lease
Tenant’s Insurance. 1. Notwithstanding anything to the contrary set forth in this Lease, Tenant shall procure covenants and agrees that during the term of this Lease (and any renewal or extension thereof), Tenant, at its sole cost and expense expense, shall obtain, maintain and keep in effect during full force and effect:
(a) Comprehensive General Liability Insurance including Blanked Contractual, personal injury, Broad Form Property Damage, Completed Operations, Fire Legal Liability, Host Liquor Law Liability (and if Lessee shall be operating a restaurant, tavern or other establishment with sells or dispenses any drink or beverage containing alcohol, Dram Shop Liability) and Owned, Non-owned and Hired automobile coverages, naming Landlord and Tenant, any mortgagee of the Term broad form comprehensive general liability insuranceBuilding and any lessor under a lease of the property on which the Building is located, includingand any other designee of Landlord, without limitationas insureds, contractual liability with minimum limits of $1,000,000 combined single limit for Tenant's indemnity obligation contained property damage and bodily injury per occurrence for any and all claims for injury or damage to persons or property or for the loss of life or of property occurring upon, in Section 17 or about the Premises and specific coverage the public portions of risks the Building arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability or in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory connection with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one Tenant, its employees, agents, contractors, customers, and invitees.
(b) All Risk Insurance including without limitation sprinkler leakage and flood and earthquake (if flood and earthquake exposure exists) and vandalism and malicious mischief on a 100% replacement cost basis covering the Premises and all contents, merchandise, inventory, equipment, floor coverings, fixtures and improvements and such other portions of the named insiders Premises which would void or otherwise reduce coverage shall Landlord is not reduce or void the coverage as to any insured, shall afford coverage responsible for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coveragerestoring. Tenant shall deliver apply all insurance proceeds attributable to any of the foregoing items to the repair and restoration thereof. In addition, Tenant shall obtain and keep in full force and effect during the term of this Lease business interruption insurance with all risk perils and such other insurance in such amounts as Landlord shall reasonably require.
(c) Worker's Compensation Insurance as required by law and Employers' Liability coverage for a minimum of $100,000 per occurrence.
2. Tenant covenants to comply with any and all rules and regulations applicable to the Premises issued by the Board of Fire Underwriters or by any other body hereinafter constituted exercising similar functions and insurance companies writing policies covering the Premises. Tenant shall pay all costs, expenses, claims, fines, penalties and damages imposed because of failure of Tenant to comply with this Article 9.02 and agrees to indemnify Landlord from all liability (including without limitation attorney's fees) with reference thereto. Tenant shall, at its own cost and expense, procure and maintain each and every permit, license, certificate or other authorization and any renewals, extensions or continuances of the same required in connection with lawful and proper use of the Premises for Tenant's business. Tenant agrees to pay upon demand as additional rent under this Lease any increase in the amount of insurance premiums payable by Landlord for its insurance on the Building and/or the underlying property ("Landlord's Insurance") over and above the rate now in force that may be caused by Tenant's use or occupancy of the Premises or any act or omission of Tenant, its agents, employees, contractors or invitees. If as result of any such act or omission, all or any part of Landlord's Insurance shall be cancelled or suspended, then Tenant shall indemnify Landlord against any liability, cost or expense which would have been covered thereunder. All insurance obtained by Tenant hereunder shall be under primary policies and Landlord's Insurance shall be excess and noncontributory.
3. Tenant shall deposit a policy or policies of all such insurance, or an approved certificate evidencing such insurance or certificates thereof to issued by duly authorized agents of the carriers in question, with Landlord on or at least ten (10) days before the Commencement Date, Date and thereafter renewals of such policies and at least thirty (30) days before prior to the expiration dates of expiring any existing policies; . All such policies shall provide that such insurance shall not be modified, cancelled, reduced or allowed to lapse except upon thirty (30) days prior written notice (by certified mail, return receipt requested) to Landlord and all additional insureds.
4. All such policies shall (a) be written in form and substance satisfactory to Landlord by an insurance company licensed and authorized to do business in the state in which the Building is located and otherwise satisfactory to Landlord in all respects, (b) contain a provision or endorsement that (i) no act or omission of Tenant shall affect or limit the obligations of the insurer to pay the amount of the loss sustained, (ii) all of Tenant's indemnity obligations under this Lease are insured and (iii) Tenant shall be solely responsible for the payment of all premiums and that Landlord shall have no obligation to pay same notwithstanding that Landlord is or may be named as an insured. Tenant's failure to provide and keep in force the aforementioned insurance shall be regarded as a material default hereunder, entitling Landlord to exercise any or all of the remedies in the event of a default under this Lease. Carrying the prescribed insurance shall in no way be construed as either a limitation or satisfaction of the hold harmless or indemnity agreements contained in this Lease. In the event Tenant shall fail not obtain any of the insurance required to procure such insurance, or to deliver such policies or certificatesbe obtained hereunder, Landlord mayshall have the right to obtain such insurance on Tenant's behalf and Tenant shall pay to Landlord the cost thereof upon demand as additional rent. Landlord shall have the further right to review annually the form, at its option, procure same for the account substance and limits of all of Tenant's insurance required hereunder and Tenant shall adjust its insurance and/or increase the limits thereof as Landlord shall deem reasonably necessary.
5. Landlord and Tenant shall obtain in all policies of insurance respectively maintained by them with respect to the Building and/or the Premises a waiver by the insurer of all right of subrogation against the other in connection with any property insurance. So long as both Landlord's and Tenant's policies then in force include such material waiver of subrogation, Landlord and Tenant, to the fullest extent permitted by law, each waive all right of recovery against the other for and agree to release the other from liability from loss or damage to the extent such loss or damage is covered by valid and collectible insurance in effect at the time of such loss or damage. If such waiver of subrogation shall not be obtainable or shall be obtainable only at a premium over that chargeable without such waiver, the party undertaking to obtain such waiver shall notify the other thereof in writing, and the cost thereof latter shall be paid to Landlord within five have ten (510) days after delivery in which either to Tenant (i) procure on behalf of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring the notifying party insurance with such waiver from a company or companies reasonably satisfactory to the notifying party or (ii) agree to pay such additional premium (in Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination case in the proportion which the rentable area of the amount Premises bears to the area covered by the insurance policy of such insurance generally required for comparable tenants, premises and buildings Landlord in the general geographic location of the Building or required by a lender with an interest in the Buildingquestion).
Appears in 1 contract
Samples: Lease Agreement (Amr Research Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an "occurrence" basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord's managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant's coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $3,000,000 each occurrence Personal Injury and Advertising Liability $3,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $2,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) any improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the "Original Improvements"), and (iii) all Alterations performed in the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills thereforePremises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109‑144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110‑160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Tenant’s Insurance. 15.01 (a) Tenant shall procure shall, during its occupancy of the Leased Premises and during the entire Term hereof, at its sole cost and expense expense, obtain, maintain and keep in effect during full force and effect, and with the Term broad form comprehensive general liability Tenant, the Landlord and the mortgagees of the Landlord named as beneficiaries therein as their respective interests may appear, the following types and kinds of insurance:
(i) All Risk" or "Special Coverage Form" insurance upon property of every description and kind owned by the Tenant and located in the Building or for which the Tenant, is legally liable or installed by or on behalf of the Tenant, including, without limitation, contractual liability for Tenant's indemnity obligation contained furniture, fittings, installations, alterations, additions, partitions, fixtures and anything in Section 17 and specific coverage the nature of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability leasehold improvement in an amount equal not less than eighty percent (80%) of the full replacement cost thereof, and in the event that there shall be a dispute as to the amount set forth in which comprises full replacement cost, the Summary. Such coverage decision of the Landlord or the mortgagees of the Landlord shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, conclusive.
(ii) Public Liability coverage with respect to the Leased Premises and Tenant's use of any part of the Building which coverage shall include the business operations conducted by the Tenant and any other persons on the Leased Premises. Insurance shall be a Comprehensive-General Liability form (including employees Contractual Liability) in an amount not less than $1,000,000.00 per person and $3,000,000.00 per occurrence whether involving personal injury liability, (or death resulting therefrom) or property damage liability, or a combination thereof with a minimum aggregate limit of $3,000,000.00 or such higher limits as additional insured, the Landlord may reasonably require from time to time.
(iii) providing Any other form or forms of insurance as the Tenant or the Landlord or the mortgagees of the Landlord may reasonably require from time to time in form, in amounts and for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), insurance risks against which a prudent tenant would protect itself.
(iv) deleting any liquor liability exclusions, and Business interruption insurance in such amounts as will reimburse the Tenant for direct or indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Leased Premises or to the Building as a result of such perils.
(v) providing If Tenant performs any work on the Leased Premises, prior to the commencement of any such work, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the State of Colorado, evidencing that workmen's compensation and public liability insurance and property damage insurance, all in the amounts satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work.
(b) All property damage policies written on behalf of the Tenant shall contain a waiver of any subrogation rights which the Tenant's insurers may have against the Landlord and against those for coverage whom the Landlord is, in law, responsible whether any such damage is caused by the act, omission or fault of employees' automobile non ownership liabilitythe Landlord or by those for whom the Landlord is, in law, responsible.
(c) All policies shall be taken out with insurers acceptable to the Landlord and in form satisfactory from time to time to the Landlord. Such insurance All policies shall name Landlord and any other party designated by Landlord as an additional insured. The Tenant agrees that certificates of insurance, shall be carried or, if required by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one the mortgagees of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insuredLandlord, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset certified copies of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of each such insurance policies will be delivered to the Landlord as soon as practicable after the placing of the required insurance, but in no event later than ten (10) days after Tenant takes possession of all or certificates thereof any part of the Leased Premises. All policies shall contain an undertaking by the insurers to notify the Landlord on or before and the Commencement Date, and thereafter at least mortgagees of the Landlord in writing not less than thirty (30) days before the expiration dates of expiring policies; prior to any material change, cancellation or other termination thereof.
(d) The Tenant covenants and agrees that in the event of damage or destruction to the leasehold improvements in the Leased Premises covered by insurance required to be taken out by the Tenant shall fail pursuant to procure subsection 15.01(a)(i), the Tenant will use the proceeds of such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same insurance for the account purpose of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills thereforerepairing or restoring such leasehold improvements. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be permitted to request modifications to the Leased Premises subject to adjustment from time to time as requested by Landlord based upon Landlord's determination consent (which consent shall not be unreasonably withheld, provided such modifications do not increase the cost nor delay the completion of repairing or restoring the amount Leased Premises). In the event of such insurance generally required for comparable tenants, premises and buildings in the general geographic location damage to or destruction of the Building or required by a lender with an interest entitling the Landlord to terminate this Lease pursuant to Section 31.02 hereof, then, if the Leased Premises have also been damaged, the Tenant will pay to the Landlord all of its insurance proceeds relating to the leasehold improvements in the BuildingLeased Premises and if the Leased Premises have not been damaged, the Tenant will deliver to the Landlord, in accordance with the provisions of this Lease, the leasehold improvements and the Leased Premises.
Appears in 1 contract
Samples: Office Lease (Rancher Energy Corp.)
Tenant’s Insurance. (a) Tenant shall procure at its cost and expense and keep maintain in effect during full force throughout the Term broad form comprehensive Term, commercial general liability insuranceinsurance providing coverage on an occurrence form basis with limits of not less than Two Million Dollars ($2,000,000.00) each occurrence for bodily injury and property damage combined, including, without limitation, contractual and Five Million Dollars ($5,000,000.00) annual general aggregate and Two Million Dollars ($2,000,000.00) products and completed operations annual aggregate. Tenant’s liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: insurance policy or policies shall; (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual include premises and operations liability coverage, broad form property damage coverage including completed operations, blanket contractual liability coverage including, to the maximum extent possible, coverage for the indemnification obligations of Tenant under this Lease and products completed operations coverage personal and advertising injury coverage; (where applicable), ii) provide that the insurance company pas the duty to defend all insured’s under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) deleting any liquor liability exclusions, cover liabilities arising out of or incurred in connection with Tenant’s use or occupancy of the Premises or the Property; and (v) extend coverage to cover liability for the actions of Tenant’s Representatives and Visitors.
(b) Tenant shall at all time maintain in effect with respect to any Alterations and Tenant’s Trade Fixtures and personal property, commercial property insurance providing for coverage, on an “all risk” or “special form” basis, in an amount equal to at least 90% of the full replacement cost of the covered property. Tenant may carry, such insurance under a blanket policy, provided that such policy provides coverage equivalent to a separate policy. During the Term, the proceeds from any such policies of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in used for the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over repair or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one replacement of the named insiders which would void Alterations, Trade Fixtures and personal property so insured. Landlord will have no obligation to carry insurance on any Alterations or otherwise reduce coverage shall not reduce on Tenant’s Trade Fixtures or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose personal property.
(or the onset c) Each policy of which occurred or aroseinsurance required under this Section shall: (ii) in whole or part during the policy periodbe maintained at Tenant’s sole cost and expense, and shall provide that Landlord will receive thirty (30iii) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter require at least thirty (30) days before the expiration dates days’ written notice to Landlord prior to any cancellation or nonrenewal of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver insurance coverage. Insurance companies issuing such policies shall have rating classifications of “A” or certificates, Landlord may, at its option, procure same for better and financial size category ratings of “X” or better according to the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination latest edition of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.A.M.
Appears in 1 contract
Samples: Sub Sublease Agreement (Enernoc Inc)
Tenant’s Insurance. Tenant TENANT shall procure acquire and maintain for the TERM of the LEASE a standard tenant liability insurance policy with liability coverage of at its cost and expense and keep in effect during the Term broad form comprehensive general liability insurance, including, without limitation, contractual a minimum of $100,000 per occurrence for TENANT’S legal liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant damage to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least LANDLORD’S property for no less than the following endorsements to the extent such endorsements are generally availablecauses of loss: (i) deleting any employee exclusion on personal injury coveragefire, (ii) including employees as additional insuredsmoke, (iii) providing for blanket contractual coverageexplosion, broad form property damage coverage and products completed operations coverage (where applicable)backup or overflow of sewer, (iv) deleting any liquor liability exclusionsdrain or sump, and water damage and such other coverages described in any addendum attached hereto (v) providing for coverage of employees' automobile non ownership liabilitythe Liability Policy”). Such insurance TENANT’s Liability Policy shall name Landlord and any other party designated by Landlord LANDLORD as an additional insured. In the event that TENANT fails to obtain, maintain and deliver to LANDLORD such written proof of the Liability Policy, LANDLORD shall have the right, but not the obligation, and TEANANT automatically elects for LANDLORD to procure such policy coverage on TENANT’s behalf through the Landlord Required Insurance Policy (“LRIP”). In this event the TENANT will be charged a Landlord Required Insurance Policy Fee of $12.00 per month and this shall be carried deemed to be additional RENT under the Lease and immediately due and payable by companies licensed TENANT to do business in California and which have a general policy holders' rating LANDLORD. LANDLORD does not provide any insurance coverage for TENANT’s property. Unless caused by the willful or grossly negligent actions of at least "VIII" as set forth in the most current issue LANDLORD, or LANDLORD’s agent's or employee's, neither LANDLORD nor LANDLORD’s agents and/or employees shall be responsible for any theft, damage, loss or destruction of "Bestpersonal property of TENANT or TENANT's Insurance Guide"occupants, shall specifically include the liability assumed hereunder by Tenantguests, shall provide that it is primary insurance and not in excess over licensees, invitees or contributory with any agents due to fire, water, flooding, other validcasualty, existing and applicable insurance covering the same loss carried by Landlord act of God, or any other partycauses. TENANT IS ENCOURAGED TO INSURE PERSONAL PROPERTY IN AN AMOUNT SUFFICIENT TO COVER THE PROPERTY. National Student Services, shall provide Inc. (xxxxx://xxx.xxxx.xxx/portal/sternrisk) offers coverage through its Personal Property Protection Program which is being referred to in this LEASE merely for severability the convenience of interestsTENANT as an example of such a program. LANDLORD makes no representations or warranties whatsoever regarding National Student Services, shall further provide that Inc. or its Personal Property Protection Program and TENANT is encouraged to speak with a qualified insurance professional about available coverages. TENANT expressly and unequivocally agrees to be liable to LANDLORD and/or LANDLORD’s insurer for injury to any person and damage to the UNIT or the PROPERTY, including but not limited to fire and water damage, caused by TENANT or TENANT’s occupants, guests, licensees, invitees or agents. TENANT agrees to comply in all respects with any applicable policy of insurance so as to not cause an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce increase in premium or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingpolicy.
Appears in 1 contract
Samples: Residential Lease Agreement
Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non- contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall include severability of interest and cross-liability (separation of insureds) endorsements. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $ 5,000,000 each occurrence Personal Injury and Advertising Liability $ 1,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $ 1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever (excluding naturally occurring floods (i.e. from heavy rainfall, rather than from a leaking pipe)), including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of the Building or required by a lender with an interest in the Buildingany pipes, explosion, and backup of sewers and drainage.
Appears in 1 contract
Tenant’s Insurance. (a) Tenant shall procure at its cost and expense and keep in effect provide insurance coverage during the Term broad form comprehensive general liability insuranceagainst loss or damage by fire, other casualty and such other risks (including, without limitationbut not limited to sprinkler leakage and water damage) as are from time to time included in a standard "all risks" policies for any leasehold improvements, contractual liability for any alterations, Tenant's indemnity obligation contained in Section 17 trade fixtures, furnishings, equipment, and specific coverage all other items of risks arising out personal property of any activities of Tenant pursuant to Articles 7 and 8Tenant, insuring the full replacement cost or full insurable value thereof, with a combined single limit of liability in an amount equal deductible not to the amount set forth in the Summary. Such coverage exceed $2,000,000.
(b) Tenant shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: also maintain (i) deleting any worker's compensation, if Tenant is a subscriber thereto or if such insurance is otherwise required to comply with Tenant's obligations to its employees under the law in Texas; and (ii) employer's liability insurance with limits of not less than $500,000 per accident, $500,000 per employee exclusion on personal for bodily injury coverageby disease and $500,000 policy limit for bodily injury by disease.
(c) Tenant (with respect to the Leased Premises and Project) shall maintain or cause to be maintained a policy or policies of commercial liability insurance with (i) contractual liability covering the indemnification provisions contained in this Lease, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage liability, and (iii) a severability of interest endorsement. Such policy or policies shall have limits of not less than $1,000,000 combined single limit per occurrence and not less than $2,000,000 in the aggregate for bodily injury, sickness or death, and property damage and umbrella coverage or excess liability insurance of not less than $3,000,000 involving or arising out of use, occupancy, maintenance or condition of the Leased Premises, Building or Project or Tenant's operations, the premiums thereon fully paid in advance. Any general aggregate limit shall apply on a per location basis.
(d) Tenant shall cause each contractor and products subcontractor performing work, on Tenant's behalf, on the Leased Premises to maintain insurance as follows, with such other terms, coverages and insurers, as Landlord shall reasonably require from time to time:
(i) Commercial General Liability Insurance, including coverage for contractual liability, completed operations coverage and broad form property damage endorsement, to afford protection with limits, for each occurrence, of not less than $1,000,000 with respect to personal injury, death or property damage.
(where applicable), (ivii) deleting any liquor liability exclusionsWorker's compensation or similar insurance in form and amounts required by law, and Employer's Liability with not less than the following limits: Each Accident $500,000 Disease-Policy Limit $500,000 Disease-Each Employee $500,000
(viii) providing for coverage Builder's risk in amounts at least equal to the full value of employees' automobile non ownership liabilityor cost of the work being done by such contractor. Such insurance shall name contain a waiver of subrogation provision in favor of Landlord, Tenant and all other Additional Insured Parties. Such contractor's insurance shall be primary and not contributory to that carried by Tenant, Landlord and all other Additional Insured Parties. Tenant and Landlord shall each be named as additional insured on such contractor's insurance policies, with the exception of the policy providing workers' compensation insurance. Tenant shall deliver, or cause to be delivered, to Landlord certificates evidencing all required insurance under this subsection (d) no later than five (5) days prior to the start of any work. Each certificate will provide that the applicable insurance company shall provide 20 days' prior written notice to Tenant, Landlord and all other party designated Additional Insured Parties prior to any cancellation or material modification of such insurance policies. Tenant agrees that Tenant shall not permit any contractor or subcontractor to perform work on the Leased Premises without current evidence of such coverage and Tenant shall be solely responsible for monitoring the insurance for compliance with this Section. Dependent upon the scope of work to be performed at the Leased Premises, Landlord has the right to require increased limits or broader coverages as Landlord reasonably deems appropriate.
(e) All policies required to be carried by Landlord as an additional insuredTenant under this Section 5.13, shall be carried by written with financially responsible insurance companies licensed authorized to do business and licensed in California Texas having a Best's Insurance Guide (or any successor thereto (or if there be none, an organization having a national reputation)) Rating of "A-" and which have a general policy holders' rating "Financial Size Category" of at least "VIII" or, if such ratings are not then in effect, the equivalent thereof.
(f) All evidence of insurance provided to Landlord shall provide (i) evidence satisfactory to Landlord that Landlord, Landlord's property manager, all Superior Lessors, all Mortgagees and any other parties whose names shall have been furnished by Landlord to Tenant from time to time and each of their respective partners, shareholders, members, officers, directors, agents and employees (the foregoing parties are collectively referred to herein as set forth the "Additional Insured Parties") are each named as additional insureds (except to the extent not available in respect of worker's compensation insurance), but only to the extent of Tenant's obligations, liabilities and indemnities under this Lease, and where applicable loss payee and (ii) an endorsement whereby the insurer agrees not to cancel or alter the policy without at least 30 days' prior written notice to Landlord and all other Additional Insured Parties. Any deductible or self-insurance provisions under any insurance policies maintained by Tenant shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld.
(g) If Tenant fails to provide evidence of insurance required by this Lease, prior to commencement of the Term, and at any time during the Term, within 15 days prior to the expiration date of any such coverage, Landlord shall be authorized (but not required) to procure such coverage in the most current issue amounts stated with all costs thereof to be charged to Tenant and paid upon written invoice therefor as Additional Rent.
(h) The certificates evidencing Tenant's insurance required under this Lease (which Tenant shall provide to Landlord prior to the Commencement Date or the expiration date of "Bestsuch particular coverage, as applicable) shall state that (i) to the extent covered by the particular policy (nothing herein being intended to limit Tenant's Insurance Guide"obligations to provide such insurance hereunder), shall specifically include the insurance includes the liability assumed hereunder by Tenant under this Lease, (ii) Tenant, shall provide that it 's insurance is primary insurance and not in excess over or contributory with that any other valid, existing and applicable insurance covering the same loss carried by available to Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void Additional Insured Parties is excess coverage, but only to the coverage as to any extent of Tenant's obligations, liabilities and indemnities under this Lease, (iii) Landlord and all other Additional Insured Parties are each an additional insured, shall afford coverage for all claims based on actsbut only to the extent of Tenant's obligations, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy periodliabilities and indemnities under this Lease and where applicable loss payee, and (iv) Landlord and each other Additional Insured Party shall provide that Landlord will receive thirty (30) days' written notice from the insurer insurance company 30 days prior to any cancellation or change of coverage. Tenant shall deliver policies material modification of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingpolicy.
Appears in 1 contract
Samples: Lease Agreement (Transcontinental Gas Pipe Line Corp)
Tenant’s Insurance. Tenant shall procure at its cost and expense maintain insurance complying with all of the following: Tenant shall procure, pay for and keep in effect full force and effect, at all times during the Term broad form comprehensive general liability insuranceLease Term, including, without limitation, contractual the following; Commercial General Liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Leased Premises, or resulting from Tenant's indemnity obligation contained use or occupancy of the Leased Premises or the Building, Outside Areas, Property, or Common Areas or resulting from Tenant's activities in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, or about the Leased Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage (as set forth in Article 1). The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds in the form equivalent to CG20111185 or successor and shall contain the following additional endorsement: "The insurance afforded to the additional insureds is primarily insurance. If the additional insureds have other insurance which is applicable to the loss on a contributing, excess or contingent basis, the amount of this insurance company's liability under this policy shall not be reduced by the existence of such other insurance. Any insurance carried by the additional insureds shall be excess and non contributing with the insurance provided by the tenant." The policy shall not be canceled or reduced without at least 30 days written notice to additional insureds. If the policy insures more than one location, it shall be endorsed to show that the limits and aggregate apply per location using endorsement CG25041185 or successor. Tenant's policy shall also contain the severability of interest and cross-liability endorsement or clauses. Fire and property damage insurance in so-called Special Form insuring Tenant against loss from physical damage to Tenant's property and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; Boiler and machinery insurance, if applicable; including without limitation Liquor Liability insurance for liability arising out of the distribution, sale, or consumption of food and/or beverages including alcoholic beverages at the Leased Premises for not less than the Tenant's Required Liability Coverage as set forth in Article 1. Workers' compensation insurance. Tenant may self insure for workers' compensation insurance. With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, contingent liability and builder's risk insurance, in an amount equal and with coverage satisfactory to Landlord; and Business Income Insurance at a minimum of 50% coinsurance including coverage for loss of business income due to damage to equipment from perils covered under the so-called Special Form. Each policy of liability insurance required to be carried by Tenant pursuant to this Article or actually carried by Tenant with respect to the amount set forth in Leased Premises or the Summary. Such coverage Property (i) shall be in a comprehensive general liability form with at least the following endorsements reasonably satisfactory to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverageLandlord, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated Shall be provided by Landlord as an additional insured, shall be carried by companies carriers licensed to do business in California and which have the state of California, with a general policy holders' Best rating of at least "VIIIA/Vi" as set forth in or better and/or reasonably acceptable to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the most current issue insurer any right of "Best's Insurance Guide"subrogation against Landlord, shall specifically include the liability assumed hereunder its principal, employees, agents and contractors which might arise by Tenant, shall provide that it is primary insurance and not in excess over reason of any payment under such policy or contributory with by reason of any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one Landlord, its principals, employees, agents or contractors. Prior to the time Tenant or any of its contractors enters the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insuredLeased Premises, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this article, a certificate of the insurer certifying, in a form reasonably satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article and containing the provisions herein. Attached to such insurance or certificates thereof to a certificate shall be endorsements naming Landlord on or before the Commencement Dateas additional insured, and thereafter at least thirty (30) days before including the expiration dates wording under primary insurance above. With respect to each renewal or replacement of expiring policies; and in the event Tenant shall fail to procure any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to deliver such policies or certificatesbe carried by Tenant pursuant to this article. See Addendum. The Commercial General Liability insurance carried by Tenant shall specifically insure the performance by Tenant of the Indemnification provisions set forth in Article 8.2 of this Lease provided, Landlord mayhowever, at its option, procure same for the account of Tenant, and the cost thereof nothing contained in this Article 9 shall be paid construed to Landlord within five (5) days after delivery to limit the liability of Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of under the amount of such insurance generally required for comparable tenants, premises and buildings Indemnification provisions set forth in the general geographic location of the Building or required by a lender with an interest in the Buildingsaid Article 8.2.
Appears in 1 contract
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the Lease Term, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an "occurrence" basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord's managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant's coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $10,000,000 each occurrence Personal Injury and Advertising Liability $10,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $10,000,000
10.3.2 Property Insurance covering (i) all furniture, personal property, business and trade fixtures, equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the "Original Improvements"), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of the Building any pipes, explosion, and backup or required by a lender with an interest in the Buildingoverflow from sewers or drains.
Appears in 1 contract
Samples: Lease Agreement (Cytokinetics Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $10,000,000 each occurrence Personal Injury and Advertising Liability $10,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $3,000,000
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Tenant Improvements, and (iii) all Alterations performed in the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills thereforePremises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Samples: Office Lease (F5 Networks Inc)
Tenant’s Insurance. Tenant shall procure Tenant, at its cost expense, shall obtain and expense and keep maintain in effect as long as this Lease remains in effect and during such other time as Tenant occupies the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of Leased Premises or any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with part thereof insurance policies providing at least the following endorsements coverage:
A. Public liability insurance, including insurance against assumed or contractual liability under this lease, with respect to the extent Leased Premises, to afford protection with limits of not less that five hundred thousand dollars ($500,000) per occurrence and one million dollars ($1,000,000) annual aggregate, combined single limit, with respect to personal injury and death and property damage, such endorsements are generally available: insurance to provide for no deductible;
B. All-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s Personal Property in the Leased Premises and all of the Alterations, and all other things installed in the Leased Premises by or on behalf of Tenant, and covering loss of income resulting from casualty; and
C. If, and to the extent, required by law, worker’s compensation or similar insurance offering statutory coverage and containing statutory limits. Such policies will be maintained in form reasonably acceptable to Landlord and will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant will deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to Move-in, which policies shall name Landlord or its designee as an additional named insured, as a loss-payee and shall also contain a provision staring that such policy or policies shall not be canceled or materially altered except after thirty (30) days written notice to Landlord. All such policies of insurance shall be effective as of the date Tenant occupies the Leased Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Leased Premises. In addition to the foregoing insurance coverage. Tenant shall require any contractor maintain, at no expense to Landlord, during such times as the contractor is working in the Leased Premises, a non-deductible (i) deleting any employee exclusion on personal injury comprehensive general liability insurance policy, including, but not limited to, contractor liability coverage, (ii) including employees as additional insuredcontractual liability coverage, (iii) providing for blanket contractual completed operations coverage, broad form property damage coverage endorsement and products completed operations coverage contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than five hundred thousand dollars (where applicable$500,000), (iv) deleting any liquor liability exclusionscombined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (vii) providing for coverage worker’s compensation insurance or similar insurance in form and amounts as required by law. In the event of employees' automobile non ownership liability. Such insurance shall name Landlord damage to or destruction of the Leased Premises and any other party designated the termination of this Lease by Landlord as an additional insuredpursuant to Section 15 herein, shall be carried by companies licensed Tenant agrees that it will pay Landlord all of its insurance proceeds relating to do business in California and which have a general policy holders' rating of at least "VIII" as set forth Tenant’s Improvements made in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder Leased Premises by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account behalf of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.
Appears in 1 contract
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of or from the Premises and all areas appurtenant thereto. Such insurance shall be written on an "occurrence" basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord's managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant's coverage ./ -/// -30- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $7,000,000 each occurrence Personal Injury and Advertising Liability $7,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $2,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the "Original Improvements"), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109‑144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110‑160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Tenant’s Insurance. Tenant shall procure 26.1. Tenant, at its cost own expense, will maintain with admitted insurers authorized to do business in the State of New Jersey and expense which are rated “A+/VII”or equivalent in Best’s Key Rating Guide, or any successor thereto (or if there is none, a rating organization having a national reputation) commercial general liability against claims for bodily injury, personal injury, death or property damage occurring on, in or about the Premises in amounts not less than $5,000,000.00 per occurrence/aggregate for bodily injury, personal injury or death, $5,000,000.00 with respect to any one occurrence, and keep in effect $3,000,000.00 with respect to all claims for property damage with respect to any one occurrence with an aggregate of $3,000,000.00. From time to time during the Term broad form comprehensive general such limits shall be increased to the prevailing level customarily carried with respect to similar properties in Somerset County, New Jersey and the surrounding area. Tenant shall be responsible to maintain property insurance on all of its goods, personal property or effects, including removable trade fixtures located in the Premises.
26.2. The policy of insurance required to be maintained by Tenant pursuant to Section 26.1 shall name as additional insured parties Landlord, Landlord’s managing agent, and any mortgagee of Landlord, shall be reasonably satisfactory to Landlord and shall (a) provide for the benefit of such holder or holders, that thirty (30) days’prior written notice of suspension, cancellation, termination, modification, non renewal or lapse or material change of coverage shall be given to Landlord and that such insurance shall not be invalidated by any act or neglect of Landlord or Tenant or any owner of the Premises, nor by any foreclosure or other proceedings or notices thereof relating to the Premises, nor by occupation of the Premises for purposes more hazardous than are permitted by such policy, and (b) include a contractual liability insuranceendorsement.
26.3. Within fifteen (15) days after the commencement of the Term, Tenant shall deliver to Landlord original or duplicate policies or certificates of the insurers evidencing all the insurance which is required to be maintained hereunder by Tenant (including, without limitation, contractual liability for Tenant's indemnity obligation contained in a waiver of each insurer’s rights of subrogation pursuant to Section 17 and specific coverage of risks arising out 19.1) and, within ten (10) days prior to the expiration of any activities such insurance, other original or duplicate policies or certificates evidencing the renewal of Tenant pursuant such insurance.
26.4. Landlord shall, as part of Operating Expenses, obtain any and all insurance coverage it deems necessary or appropriate in connection with the use and operation of the Property, which shall include, but need not be limited to, fire, liability and any and all other insurance as Landlord or any mortgagee of Landlord may require. The property insurance shall cover the replacement cost of the Building and all improvements therein which Landlord is obligated to Articles 7 and 8, with a combined single limit of restore. The liability in an amount equal to the amount set forth in the Summary. Such coverage insurance shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage amounts and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage types required of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildinghereunder.
Appears in 1 contract
Tenant’s Insurance. Tenant shall procure at its cost and expense agrees to maintain and keep in effect force, at it expense throughout the term hereof, insurance against fire and such other risks as are from time-to-time included in standard extended coverage endorsements including vandalism and malicious mischief, insuring Tenant's stock-in-trade, trade fixtures, furniture, furnishings, floor and wall coverings, special equipment and all other items of personal property of Tenant located on or within the Premises and all such other improvements as are made by Tenant to the Premises. Tenant shall furnish to Landlord current certificates evidencing Tenant's maintenance of such insurance policies throughout the term hereof and prior to taking possession of the Premises. In addition to the policies of fire and extended coverage insurance ` to be kept and maintained by Tenant pursuant to this paragraph; Tenant shall obtain and keep in force during the Term broad form term hereof and any extension or renewal terms, policies of comprehensive general liability insuranceinsurance providing coverage for bodily injury, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, property damage with a combined single limit limits of liability at least Five Hundred Thousand ($500,000.00) Dollars. In addition thereto. Tenant shall provide "umbrella coverage" in an amount equal to the amount set forth of One Million (x1,000,000.00) Dollars. Tenant shall in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (iaddition, name Landlord, Landlord's managing agent, Landlord mortgagees(s) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated person, firm or corporation specified by Landlord Landlord, as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the insured under such liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, policies and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change a certificates evidencing of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least same within thirty (30) days before after the expiration dates execution of expiring policies; and in this Lease or prior to occupancy, whichever is sooner. Such certificates of insurance shall provided that the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall policy cannot be paid to Landlord within five canceled without thirty (530) days after delivery prior written notice to Tenant of bills thereforeLandlord. Tenant shall agrees to waive any and all rights of subrogation which may be responsible, at exercised by its cost and expense, for separately insuring insurance carrier or any other entity claiming by or through Tenant provided same does not invalidate Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the BuildingInsurance coverage.
Appears in 1 contract
Tenant’s Insurance. (a) Tenant shall procure at its cost and expense and keep maintain in effect during full force throughout the Term broad form comprehensive Term, commercial general liability insuranceinsurance providing coverage on an occurrence form basis with limits of not less than Two Million Dollars ($2,000,000.00) each occurrence for bodily injury and property damage combined, includingTwo Million Dollars ($2,000,000.00) annual general aggregate, without limitation, contractual liability for and Two Million Dollars ($2,000,000.00) products and completed operations annual aggregate. Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally availableinsurance policy or policies shall: (i) deleting any employee exclusion on personal injury include premises and operations liability coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual products and completed operations liability coverage, broad form property damage coverage including completed operations, blanket contractual liability coverage including, to the maximum extent possible, coverage for the indenmification obligations of Tenant under this Lease, and products completed operations coverage personal and advertising injury coverage; (where applicable), ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) deleting any liquor liability exclusions, cover liabilities arising out of or incurred in connection with Tenant's use or occupancy of the Premises or the Property; and (v) extend coverage to cover liability for the actions of Tenant's Representatives.
(b) Tenant shall at all times maintain in effect with respect to any Alterations installed by Tenant or in which Tenant has a financial interest and Tenant's Trade Fixtures and personal property, commercial property insurance providing coverage, at a minimum, for "broad form" perils, to the extent of 80% of the full replacement cost of covered property. Tenant may carry such insurance under a blanket policy, provided that such policy provides equivalent coverage to a separate policy. During the Term, the proceeds from any such policies of employees' automobile non ownership liability. Such insurance shall name be used for the repair or replacement of the Alterations, Trade Fixtures and personal property so insured. Landlord shall be provided coverage under such insurance to the extent of its insurable interest and, if requested by Landlord, both Landlord and Tenant shall sign all documents reasonably necessary or proper in connection with the settlement of any other party designated claim or loss under such insurance. Landlord will have no obligation to carry insurance on any Alterations or on Tenant's Trade Fixtures or personal property.
(c) Each policy of insurance required under this Section shall: (i) be in a form, and written by Landlord as an additional insuredinsurer, shall reasonably acceptable to Landlord, (ii) be carried by companies licensed to do business in California maintained at Tenant's sole cost and which have a general policy holders' rating of expense, and (iii) require at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer to Landlord prior to any cancellation cancellation, change or change lapse of insurance coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver Insurance companies issuing such policies shall have rating classifications of "A" or certificates, Landlord may, at its option, procure same for better and financial size category ratings of "VII" or better according to the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination latest edition of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.A.M.
Appears in 1 contract
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an "occurrence" basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Tenant shall fail to procure such insuranceProject, or to deliver such policies or certificatesincluding Landlord's managing agent, Landlord mayground lessor and/or lender, at its optionif any, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills thereforenamed as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. Tenant shall be responsible, at its cost and expense, for separately insuring provide an endorsement or policy excerpt showing that Tenant's propertycoverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The amounts coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of such all of Tenant's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be subject less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury andProperty Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.Rented Premises Liability $2,000,000.00
Appears in 1 contract
Samples: Office Lease (Retrophin, Inc.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure such insuranceinclude damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following: Bodily Injury and Property Damage Liability $2,000,000 per occurrence and $2,000,000 general aggregate Personal Injury and Advertising Liability $2,000,000 per occurrence and $2,000,000 general aggregate Tenant Legal Liability/Damage to Rented Premises Liability $2,000,000 each occurrence Umbrella Liability (Excess Liability) $5,000,000.00 per occurrence
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed 702009.06/WLA -41- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.] by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Samples: Office Lease (Accelrys, Inc.)
Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Sections 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall include severability of interest and cross-liability (separation of insureds) endorsements. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $ 5,000,000 each occurrence Personal Injury and Advertising Liability $ 5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $ 1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever (excluding naturally occurring floods (i.e., from heavy rainfall, rather than from a leaking pipe)), including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Samples: Office Lease (SERVICE-NOW.COM)
Tenant’s Insurance. (a) Tenant shall procure shall, at its Tenant's sole cost and expense for the mutual benefit of Landlord and keep Tenant, maintain throughout the Term of this Lease, personal and bodily injury and property damage liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Premises of not less than One Million Dollars ($1,000,000) in respect of personal injury or death to any one person and of not less than One Million Dollars ($1,000,000) in respect of any one accident and of not less then One Million Dollars ($1,000,000) property damage aggregate coverage. During the period of any construction, Tenant shall also cause its Contractors to also maintain such coverage. Each such insurance policy shall be written as primary coverage and not contributing with or in excess of any coverage which Landlord may carry.
(b) Tenant shall, at Tenant's sole cost and expense, obtain and maintain in effect during throughout the Term broad form comprehensive general liability insurance policies providing for the following coverage: all risk and property insurance against fire, theft, vandalism, malicious mischief, sprinkler leakage and such additional perils as now are or hereafter may be included in a standard extended coverage endorsement insuring Tenant's trade fixtures, furnishings, equipment and all items of personal property of Tenant located on or in the Premises for the full replacement value thereof. All proceeds of such insurance, includingso long as the Lease shall remain in effect, without limitationshall be used only to repair or replace the items so insured.
(c) Tenant shall, contractual liability for at Tenant's indemnity obligation contained sole cost and expense, obtain and maintain in Section 17 effect throughout the Term insurance policies providing for the following coverage: all risk and specific property insurance against wind, hail, water, fire, theft, vandalism, malicious mischief, sprinkler leakage and such additional perils as now are or hereafter may be included in a standard extended coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability endorsement insuring the Premises in an amount equal to the amount set forth not less than $2,100,000, adjusted for increases in the Summaryvalue of the Premises, from time to time. Such coverage Landlord shall be in a comprehensive general liability form with at least the following endorsements to the extent named insured under such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage policies and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage all proceeds of employees' automobile non ownership liability. Such such insurance shall name Landlord and any other party designated by Landlord as an additional insured, be payable solely to Landlord. Deductibles under the insurance in this sub-Paragraph (c) shall be carried as are commercially available at the time of issuance and Landlord acknowledges and agrees that the deductibles presently available for wind/hail insurance is 10%.
(d) All insurance provided in this paragraph shall be effected under valid and enforceable policies issued by companies insurers of recognized responsibility which are licensed to do business in California the state in which the Premises are located, are rated A+ or better by A.M. Best and which have a general policy holders' rating of at least "VIII" as set forth been approved in writing by Landlord, such approval not to be unreasonably withheld. Prior to the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one earlier of the named insiders which would void Commencement Date or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset Commencement of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement DateTenant's Work, and thereafter at least not less than thirty (30) days before prior to the expiration dates of expiring policies; and in the event each policy furnished pursuant to this paragraph, Tenant shall fail deliver to procure Landlord or Landlord's mortgagee, as directed by Landlord, the original or certified copy of the policy or policies, and/or renewals thereof, evidencing Tenant's continued insurance coverage as required hereunder and evidencing the payment of premiums necessary to maintain such insurance, or to deliver such insurance coverages.
(e) All policies or certificates, of insurance provided in this paragraph shall name Landlord mayand, at its optionLandlord's request Landlord's mortgagee and/or any management agent as additional-named insureds, procure same for the account unless indicated otherwise. Each policy of Tenant, and the cost thereof insurance shall provide that such insurance policy shall not be paid to cancelled unless Landlord within five shall have received twenty (520) days after delivery to Tenant prior written notice of bills thereforecancellation. Tenant shall be responsiblerequire its insurer(s) to include in all of Tenant's insurance policies which could give rise to a right of subrogation against Landlord a clause or endorsement whereby the insurer(s) shall waive any rights of subrogation against Landlord. Tenant hereby releases Landlord and its partners, at its cost officers, directors, agents and expenseemployees from any and all liability or responsibility to Tenant or any person claiming by, through or under Tenant, by way of subrogation or otherwise, for separately insuring any injury, loss or damage to Tenant's property. The amounts of such property covered by a valid and collectible fire insurance shall be subject to adjustment from time to time policy with extended coverage endorsement.
(f) Notwithstanding the foregoing, attached hereto as requested by Landlord based upon Landlord's determination Exhibit C is copy of the amount declaration of such insurance generally required for comparable tenants, premises which the parties agree satisfies all the requirements and buildings limits set forth in the general geographic location of the Building or required by a lender with an interest in the Buildingthis Section.
Appears in 1 contract
Samples: Sale Agreement (Imaging Diagnostic Systems Inc /Fl/)
Tenant’s Insurance. Tenant shall procure carry at its cost and own expense and keep in effect during throughout the Term broad form of this Lease, comprehensive general public liability insuranceinsurance covering the Premises and, includingappurtenant areas, without limitationand Tenant's use thereof, and, covering Tenant's contractual liability under this Lease in an amount periodically adjusted to conform to then current standard business practices for Tenant's indemnity obligation contained comparable business operations, but in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a no case less than $2,000,000 in combined single limit and general aggregate coverage for bodily injury or death, personal injury and property damage. Tenant shall keep in full force and effect a policy or policies of Worker's Compensation insurance as required by law and with employer's liability in coverage of not less than $500,000 per employee and per occurrence. The amounts of general liability and employer's liability insurance shall be increased on the third anniversary of the Measurement Date and every third anniversary thereafter to an amount equal reasonably determined by Landlord as may be required, given the then current economic conditions and the size of damage awards generally, to approximate the same level of protection as was provided on the Commencement Date. Tenant shall provide Landlord with copies of insurance policies or other evidence of such insurance coverage prior to the amount set forth in Commencement Date of the SummaryLease and shall provide to Landlord copies of replacement policies at least thirty (30) days prior to the date of expiration of a policy. A binder or certificate of insurance shall be sufficient evidence of insurance pending issuance of a policy; provided, however, that Tenant shall forward a copy of each policy to Landlord when issued. Such coverage insurance policies shall be in a comprehensive general liability form with at least on forms reasonably acceptable to Landlord and such policies shall be on an occurrence basis. Such insurance shall name Landlord and any management agent from time to time designated by Landlord and any lender of Landlord as additional insureds, and shall provide that coverage of additional insureds shall be primary and that any insurance maintained by Landlord shall be excess only. Such insurance shall provide that the following interests of Landlord, Tenant and other insureds shall be severable such that the act or omission of one insured shall not avoid or reduce the coverage of other insureds. Such insurance shall contain endorsements to the extent such endorsements are generally available: (i) stating that the insurer agrees to notify Landlord not less than thirty (30) days in advance of modification or cancellation thereof, (ii) deleting any employee exclusion on personal injury coverage, (iiiii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable)insureds, (iv) deleting any liquor exclusion from liability exclusionscaused by serving alcoholic beverages incidental to Tenant's business, and (v) providing for coverage of employees' for employer's nonowned automobile non ownership liability. Such Failure of Tenant to maintain insurance shall name Landlord and coverages required by this Lease for any other party designated by Landlord as an additional insured, time period during the Term or failure of Tenant to deliver evidence of insurance or copies of policies shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingmaterial defaults under this Lease.
Appears in 1 contract
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies in writing to Tenant that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non- contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $5,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of the Building any pipes, explosion, and backup or required by a lender with an interest in the Buildingoverflow from sewers or drains.
Appears in 1 contract
Samples: Sublease Agreement (Amplitude, Inc.)
Tenant’s Insurance. (a) Prior to the date Landlord delivers possession of the Premises to Tenant shall procure for the construction of the initial improvements pursuant to the Tenant Work Letter attached hereto as Exhibit C, attached hereto, and continuing thereafter throughout the Term, Tenant, at its cost expense, shall obtain and expense maintain in full force and keep effect the following insurance policies throughout the Term:
(i) Commercial General Liability (CGL) Insurance on an occurrence basis covering liability arising from premises operations, independent contractors, product-completed operations, personal injury, advertising injury, bodily injury, death and/or property damage occurring in effect during or about the Term broad Building, under which Tenant is insured and Landlord, Landlord's Agent and any Lessors and any Mortgagees whose names have been furnished to Tenant are named as additional insureds (the "Insured Parties"). Such insurance shall provide primary coverage without contribution from any other insurance or self-insurance carried by or for the benefit of the Insured Parties, and such insurance shall include blanket broad-form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage coverage. The minimum limits of risks arising out of any activities of Tenant pursuant liability applying exclusively to Articles 7 and 8, with the Premises shall be a combined single limit of liability with respect to each occurrence in an amount equal to the amount set forth in the Summaryof not less than Five Million and No/100 Dollars ($5,000,000.00). Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have If CGL contains a general policy holders' rating of at least "VIII" as set forth in aggregate limit, it shall apply separately to this location. Landlord shall retain the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce right to require Tenant to increase such coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon to that amount of insurance which in Landlord's determination reasonable judgment is then being customarily required by landlords for similar office space in Comparable Buildings. There shall be no deductible or self-insurance without the prior written consent of Landlord;
(ii) All-Risk Commercial Property Insurance insuring Tenant's Property (as defined in Exhibit B) and the amount Tenant-Insured Improvements (as defined in Exhibit B), for the full replacement cost thereof, having a deductible amount, if any, not in excess of Twenty-Five Thousand and No/100 Dollars ($25,000.00) without the prior written consent of Landlord. The Insured Parties shall be included as loss payee(s) with respect to the Tenant-Insured Improvements;
(iii) Builder's Risk during the performance of any Alteration, until completion thereof, on an "All Risk" basis, including a permission to complete and occupy, and flood, including resulting water damage, endorsements, for full replacement cost covering the interest of Landlord and Tenant (and their respective contractors and subcontractors) in all work incorporated in the Building and all materials and equipment in or about the Premises, or evidence of such coverage under the property insurance generally required for comparable tenants, premises and buildings policies set forth in the general geographic location of the Building or required by a lender with an interest in the Building.(ii) above. The Insured Parties shall be named as additional insureds;
Appears in 1 contract
Samples: Lease (Catasys, Inc.)
Tenant’s Insurance. Tenant shall procure shall, at its cost and own expense and keep cost, maintain the following policies of insurance in full force and effect during the Term broad form Lease Term:
(a) All risk" insurance, including but not limited to, loss or damage occasioned by fire, the perils included in the so-called extended coverage endorsement, vandalism and malicious mischief, sprinkler leakage, collapse, explosion, earthquake, flood and water damage and containing Replacement Cost, Lease Amount and Demolition and LOT C Increased Cost due to Ordinance endorsements covering the Leased Premises and all replacements and additions thereto, and all fixtures and equipment. The foregoing coverage shall be provided in amounts sufficient to provide one hundred percent (100%) of the full replacement cost of the Leased Premises, and shall be determined from time to time, but not more frequently than once in any twenty-four (24) calendar months, at Tenant's expense, at the request of Landlord, by any appraiser selected by Tenant and approved by Landlord and the insurance carrier, which approval by Landlord shall not be unreasonably withheld, conditioned or delayed.
(b) comprehensive general liability insuranceinsurance applying to the use and occupancy of the Leased Premises, or any part thereof, and the business operated by Tenant on the Leased Premises, with coverages including, without limitationbut not limited to, contractual premises operations, explosion, collapse, sprinkler leakage, and products and completed operations, blanket contractual, Broad Form property damage, and independent contractors. Such insurance shall include Broad Form Contractual liability for insurance coverage insuring all of Tenant's indemnity obligation contained in Section 17 and specific obligations under this Lease. The general liability coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with shall have a minimum combined single limit of liability of at least One Million Dollars ($1,000,000.00) and a general aggregate limit of One Million Dollars ($1,000,000.00). Tenant shall carry an umbrella policy in the amount of at least twenty-five million dollars ($25,000,000).
(c) Workers' compensation insurance in accordance with applicable Law and employers' liability insurance.
(d) Boiler and Machinery Broad Form policy covering explosion insurance in respect of steam and pressure boilers and similar apparatus, if any, located on the Leased Premises in an amount equal to one hundred percent (100%) of the amount set forth in full replacement cost of the Summary. Leased Premises.
(e) Such coverage shall be in a comprehensive general liability form other insurance with at least the following endorsements respect to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees Leased Premises as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other partyLender, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of may reasonably request against such insurable hazards or risks which at the amount of such insurance generally required for comparable tenants, premises and buildings time in question are commonly insured against in the general geographic location case of property similar to, or whose use is similar to the Building or required by a lender with an interest in use of, the BuildingLeased Premises.
Appears in 1 contract
Samples: Lease Agreement (Corporate Office Properties Trust Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.6(1) sub-sections (x) and (y), and thereafter or Section 10.6(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form reasonably approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for liabilities assumed under this Lease as an insured contract. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $10,000,000 each occurrence Personal Injury and Advertising Liability $10,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements (excluding the Base, Core and Shell), and (iii) all Alterations performed in the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills thereforePremises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings all perils that would be covered under a commercially reasonable all perils/all risk special form property insurance policy typically carried by a general office tenant in the general geographic location Comparable Buildings.
10.3.3 Business Income Interruption for one year (1) plus Extra Expense insurance in such amounts as will reimburse Tenant for actual direct or indirect loss of earnings attributable to the Building risks outlined in Section 10.3.2 above.
10.3.4 Worker’s Compensation or required by a lender other similar insurance pursuant to all applicable state and local statutes and regulations, and Employer’s Liability with an interest in the Buildingminimum limits of not less than $1,000,000 each accident/employee/disease.
10.3.5 Commercial Automobile Liability Insurance covering all Owned (if any), Hired, or Non-owned vehicles with limits not less than $ 1,000,000 combined single limit for bodily injury and property damage.
Appears in 1 contract
Samples: Office Lease (Unity Software Inc.)
Tenant’s Insurance. Tenant (A) Tenant, at Tenant’s expense, shall procure at its cost and expense obtain and keep in full force and effect during the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability (i) an insurance policy for Tenant's indemnity obligation contained ’s Property, the interior installation existing in Section 17 the Premises on the Commencement Date and specific coverage the Alterations, in either case to the extent insurable under the ISO Cause of risks arising out of any activities of Tenant pursuant to Articles 7 and 8Loss – Special Form property insurance policy or its equivalent, with a combined single limit of liability in an amount equal to one hundred percent (100%) of the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coveragereplacement cost thereof, (ii) including employees an insurance policy for the plate glass that constitutes the windows of the Premises, to the extent insurable under the available standard forms of “all-risk” insurance policies, in an amount equal to one hundred percent (100%) of the replacement value thereof (the insurance policies described in clause (i) above and this clause (ii) being collectively referred to herein as additional insured“Tenant’s Property Policy”), and (iii) providing a policy of commercial general liability insurance on an occurrence basis, with contractual liability coverage for blanket contractual coverage, broad form property damage coverage and products completed operations coverage insured contracts (where applicablethe insurance policy described in this clause (iii) being referred to herein as “Tenant’s Liability Policy”), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance Tenant’s Property Policy and. Tenant’s Liability Policy shall name Landlord Tenant as the insured. Tenant’s Property Policy shall also include business interruption insurance that is sufficient in amount to pay the Fixed Rent and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California the CAM Expense Payment and which have the Tax Payment due hereunder for a general policy holders' rating period of at least "VIII" one (1) year. The Landlord Parties shall be named as set forth in the most current issue of "Best's Insurance Guide", additional insureds on Tenant’s Liability Policy.
(B) Tenant’s Liability Policy shall specifically include the liability assumed hereunder by Tenant, shall provide contain a provision that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an (a) no act or omission of one Tenant shall affect or limit the obligation of the named insiders which would void or otherwise reduce coverage shall not reduce or void insurer to pay the coverage as to amount of any insuredloss sustained on behalf of the additional insureds, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose and (or the onset of which occurred or aroseb) in whole or part during the policy period, and shall will provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before of advance written notice of cancellation to Landlord (except ten (10) days notice for nonpayment of premium). If Tenant receives any notice of cancellation or any other notice from the expiration dates insurance carrier which may adversely affect the coverage of expiring policies; the insureds under Tenant’s Property Policy or Tenant’s Liability Policy, then Tenant shall immediately deliver to Landlord a copy of such notice. The minimum amounts of liability under Tenant’s Liability Policy shall be Five Million Dollars ($5,000,000) per occurrence and in the event Tenant shall fail annual aggregate for injury (or death) to procure such insurancepersons and damage to property, or to deliver such policies or certificates, which minimum amount Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment may increase from time to time as requested by Landlord based upon Landlord's determination of to the amount of such insurance generally that in Landlord’s reasonable judgment is then being customarily required for comparable tenants, premises and by prudent landlords of first-class buildings in the general geographic location vicinity of the Building from tenants leasing space similar in size, nature and location to the Premises.
(C) Tenant shall cause Tenant’s Liability Policy and Tenant’s Property Policy to be issued by reputable and independent insurers that are (x) permitted to do business in the State of New York, and (y) rated in Best’s Insurance Guide, or any successor thereto, as having a general policyholder rating of A- and a financial rating of at least VIII (it being understood that if such ratings are no longer issued, then such insurer’s financial integrity shall conform to the standards that constitute such ratings from Best’s Insurance Guide as of the date hereof).
(D) Tenant has the right to satisfy Tenant’s obligation to carry Tenant’s Liability Policy with blanket or umbrella insurance policies, provided that such blanket or umbrella insurance policies (x) contain an aggregate per location endorsement that provides the required level of protection for the Premises, and (y) provide that a loss that relates to any other location does not impair or reduce the level of protection available for the Premises below the amount required by a lender with an interest in this Lease, provided, further however, if Tenant’s commercial general liability and umbrella/excess liability policies do not provide such per location endorsements and limits, then, notwithstanding the Buildingprovisions of Section 15.1(B), the minimum amounts of liability under Tenant’s Liability Policy shall be Ten Million Dollars ($10,000,000).
Appears in 1 contract
Samples: Loan Agreement (Alexanders Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(1) sub-sections (x) and (y), and thereafter or Section 10.4(11) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s formCG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00 -35- XXXXXX REALTY 000 XXXXXXX XXXXXX [StumbleUpon, Inc.]
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the “Improvements,” as that term is defined in Section 2.1 of the Work Letter, and (iii) all Alterations performed in the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills thereforePremises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of the Building any pipes, explosion, and backup or required by a lender with an interest in the Buildingoverflow from sewers or drains.
Appears in 1 contract
Samples: Sublease Agreement (Okta, Inc.)
Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall include severability of interest and cross-liability (separation of insureds) endorsements. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $1,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the “Improvements,” as that term is defined in Section 2.1 of the Work Letter, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever (excluding naturally occurring floods (i.e. from heavy rainfall, rather than from a leaking pipe)), including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Samples: Office Lease (Volcano Corp)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so reasonably specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 (as revised from time to time) or a comparable form reasonably approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $25,000,000 each occurrence Personal Injury and Advertising Liability $25,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $10,000,000
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements, and any other improvements which exist in the cost thereof shall be paid to Landlord within five applicable Premises as of the applicable Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Samples: Office Lease (Box Inc)
Tenant’s Insurance. (a) Tenant shall procure shall, during the term hereof and any other period of occupancy, at its it's sole cost and expense and expense, keep in full force and effect during the Term broad form comprehensive general liability following insurance:
(i) STANDARD FORM PROPERTY INSURANCE insuring against the perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage ("All Risk") and sprinkler leakage. This insurance policy shall be upon all property owned by Tenant, for which Tenant is legally liable or that was installed at Tenant's expense, and which is located in the Building including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 furniture, fittings, installations, fixtures (other than Tenant Improvements installed by Landlord), and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8other personal property, with a combined single limit of liability in an amount equal not less than the full replacement cost thereof. In the event that there shall be a dispute as to the amount set forth which comprises full replacement cost, the decision of Landlord or any mortgagees of Landlord shall be conclusive. This insurance policy shall also be upon direct or indirect loss of Tenant's earnings attributable to Tenant's inability to use fully or obtain access to the Premises or Building in the Summaryan amount as will properly reimburse Tenant. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance policy shall name Landlord and any other party designated by mortgagees of Landlord as insured parties, as their respective interests may appear.
(ii) COMMERCIAL LIABILITY INSURANCE insuring Tenant against any liability arising out of the lease, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the amount of $3,000,000.00 combined single limit for injury to, or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence, with such liability amount to be adjusted from year to year to reflect increases in the Consumer Price Index. The policy shall insure the hazards of premises and operations, independent contractors, contractual liability (covering the indemnity contained in Paragraph 18 hereof) and shall (1) name Landlord as an additional insured, and (2) contain a provision that the insurance provided the Landlord hereunder shall be carried by primary and noncontributing with any other insurance available to the Landlord.
(iii) WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE (AS REQUIRED BY STATE LAW).
(iv) Any other form or forms of insurance as Tenant or Landlord or any mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself.
(b) All policies shall be written in a form satisfactory to Landlord and shall be taken out with insurance companies licensed to do business in California holding a General Policyholders Rating of "A" and which have a general policy holders' rating Financial Rating of at least "VIIIX" or better, as set forth in the most current issue of "Best's Bests Insurance Guide". Within ten (10) days after the execution of this Lease, Tenant shall specifically include adhere to Landlord copies of policies or certificates evidencing the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one existence of the named insiders which would void amounts and forms of coverage satisfactory to Landlord. No such policy shall be cancelable or otherwise reduce reducible in coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least except after thirty (30) days before prior written notice to Landlord. Tenant shall, within ten (10) days prior to the expiration dates of expiring such policies; and in the event Tenant shall fail to procure such insurance, furnish Landlord with renewals or "binders" thereof, or to deliver Landlord may order such policies or certificatesinsurance and charge the cost thereofto Tenant as additional rent. If Landlord obtains any insurance that is the responsibility of Tenant under this section, Landlord may, at its option, procure same for the account of Tenant, and shall deliver to Tenant a Written statement setting forth the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of any such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of and showing in reasonable detail the amount of such insurance generally required for comparable tenants, premises and buildings manner in the general geographic location of the Building or required by a lender with an interest in the Buildingwhich it has been computed.
Appears in 1 contract
Samples: Office Building Lease (Xacct Technologies 1997 LTD)
Tenant’s Insurance. Tenant shall procure shall, at its cost and expense Tenant’s expense, obtain and keep in effect force during the Term broad form comprehensive term of this Lease, a commercial general liability insuranceinsurance policy insuring Tenant and protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, includingbodily injury and property damage, without limitationpersonal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities the ownership, use, occupancy or maintenance of Tenant pursuant to Articles 7 the Premises and 8, with all areas appurtenant thereto. Such insurance shall be a combined single limit of liability policy in an amount equal to not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence with a FIVE MILLION DOLLAR ($5,000,000.00) annual aggregate. Landlord, the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting Landlord Entities and any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured, ; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide"primary, shall specifically include the liability assumed hereunder by Tenantnot contributing with, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by of coverage which Landlord or any other party, may carry; shall provide for severability of interests, interest; shall further provide that an act or omission of one of the named insiders insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce or void the coverage coverages as to any insured, the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy periodterm of this Lease. The limits of said insurance shall not limit any liability of Tenant hereunder. Not more frequently than every year, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Dateif, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurancereasonable opinion of Landlord, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such liability insurance generally required for comparable tenantshereunder is not adequate, premises and buildings in the general geographic location of the Building or Tenant shall promptly increase said insurance coverage as required by a lender with an interest in the BuildingLandlord.
Appears in 1 contract
Samples: Office Lease (Sphere 3D Corp)
Tenant’s Insurance. Tenant shall procure at its cost and expense and keep in effect during the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage (A) Commencing as of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before throughout the expiration dates of expiring policies; and in the event Term, Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord mayshall, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its 's sole cost and expense, provide and maintain or cause to be provided and maintained a commercial general liability policy, naming Tenant as an insured (and naming Landlord as an additional insured as its interests may appear, such additional insured's coverage under Tenant's commercial general liability policy to be primary), protecting Tenant, the business operated by Tenant, and any additional insureds (including Landlord) against claims for separately bodily injury (including death) and property damage occurring within the Premises. Such insurance shall afford protection to the limits of not less than Three Million Dollars ($3,000,000.00) per occurrence. Tenant may use commercially reasonable deductibles Tenant customarily carries in the conduct of its business; however, Tenant shall be responsible for all such deductibles or self-insured retention level. All liability policies shall be written on an occurrence form.
(B) Commencing as of the Commencement Date, and thereafter throughout the Term, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained workers' compensation insurance (meeting the requirements of the state workers' compensation laws) and employer liability insurance covering all of Tenant's employees at the Premises. Tenant shall also use good faith efforts to ensure all contractors, sub-contractors, vendors, leased employees, and temporary employees are properly insured for workers' compensation.
(C) Commencing as of the Commencement Date, and thereafter throughout the Term, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained an umbrella liability insurance policy with a Ten Million Dollar ($10,000,000.00) policy limits, which umbrella policy (or policies) shall list the commercial general liability policy required hereunder and any other liability policy or policies carried by, or for the benefit of, Tenant as underlying policies. All liability policies shall be written on an occurrence form.
(D) Commencing as of the Commencement Date, and thereafter throughout the Term, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained a property insurance policy insuring Tenant's propertycontents, fixtures, equipment and personal property located within the Premises and/or owned by Tenant for all the hazards and perils normally covered by the Causes of Loss-Special Form. Such property insurance policy shall include endorsements for coverage against: (i) earthquake and flood, including, but not limited to, flood hazard or fault area(s), as designated on any map prepared or issued for such purpose by any governmental authority (provided that Tenant shall not be required to purchase earthquake coverage if the rate exceeds ten percent (10%) of the property insurance premium); and (ii) increased costs of construction and demolition due to law and ordinance. The amounts of such insurance foregoing property coverage shall be subject provided in amounts sufficient to adjustment from time provide one hundred percent (100%) of the full replacement cost of Tenant's contents, fixtures, equipment and personal property located within the Premises and/or owned by Tenant. If for any reason the Causes of Loss-Special Form is not customarily used in the insurance industry, then the property insurance policy then in effect shall at least provide coverage for the following perils: fire, lightning, windstorm and hail, explosion, smoke, aircraft and vehicles, riot and civil commotion, vandalism and malicious mischief, sprinkler leakage, sinkhole and collapse, volcanic action, earthquake or earth movement, and flood, and increased costs of construction and demolition due to time law, ordinance and inflation. In addition, Tenant shall self-insure for coverage for damage to plate glass as requested a result of vandalism or other damage, except plate glass covered as a result of a peril insured by Landlord's property insurance required under Section 18.1. The property insurance policy required to be maintained by Tenant under this Section 18.2 shall not provide coverage for Tenant's improvements to the Premises, which improvements shall be insured by Landlord based upon Landlord's determination of the amount of such insurance generally as required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Buildingunder Section 18.1.
Appears in 1 contract
Samples: Lease Agreement (DSW Inc.)
Tenant’s Insurance. Tenant shall procure carry at its cost and own expense and keep in effect during throughout the Term broad form of this Lease, comprehensive general public liability insuranceinsurance covering the Premises and, includingappurtenant areas, without limitationand Tenant’s use thereof, and, covering Tenant’s contractual liability under this Lease in an amount periodically adjusted to conform to then current standard business practices for Tenant's indemnity obligation contained comparable business operations, but in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a no case less than $2,000,000 in combined single limit and general aggregate coverage for bodily injury or death, personal injury and property damage. Tenant shall keep in full force and effect a policy or policies of Worker’s Compensation insurance as required by law and with employer’s liability in coverage of not less than $500,000 per employee and per occurrence. The amounts of general liability and employer’s liability insurance shall be increased on the third anniversary of the Measurement Date and every third anniversary thereafter to an amount equal reasonably determined by Landlord as may be required, given the then current economic conditions and the size of damage awards generally, to approximate the same level of protection as was provided on the Commencement Date. Tenant shall provide Landlord with copies of insurance policies or other evidence of such insurance coverage prior to the amount set forth in Commencement Date of the SummaryLease and shall provide to Landlord copies of replacement policies at least thirty (30) days prior to the date of expiration of a policy. A binder or certificate of insurance shall be sufficient evidence of insurance pending issuance of a policy; provided, however, that Tenant shall forward a copy of each policy to Landlord when issued. Such coverage insurance policies shall be in a comprehensive general liability form with at least on forms reasonably acceptable to Landlord and such policies shall be on an occurrence basis. Such insurance shall name Landlord and any management agent from time to time designated by Landlord and any lender of Landlord as additional insureds, and shall provide that coverage of additional insureds shall be primary and that any insurance maintained by Landlord shall be excess only. Such insurance shall provide that the following endorsements to interests of Landlord, Tenant and other insureds shall be severable such that the extent such endorsements are generally available: act or omission of one insured shall not avoid or reduce the coverage of other insureds. Such insurance shall contain endorsements
(i) stating that the insurer agrees to notify Landlord not less than thirty (30) days in advance of modification or cancellation thereof, (ii) deleting any employee exclusion on personal injury coverage, (iiiii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable)insureds, (iv) deleting any liquor exclusion from liability exclusionscaused by serving alcoholic beverages incidental to Tenant’s business, and (v) providing for coverage of employees' for employer’s nonowned automobile non ownership liability. Such Failure of Tenant to maintain insurance shall name Landlord and coverages required by this Lease for any other party designated by Landlord as an additional insured, time period during the Term or failure of Tenant to deliver evidence of insurance or copies of policies shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" material defaults under this Lease. So long as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsiblethe Republic of France, at its cost and expenserepresented by the Consulate General of France, for separately insuring Los Angeles, California, this Section 16.2 shall not be binding upon Tenant's property. The amounts , but Tenant shall require any subtenants of such insurance shall be subject Tenant to adjustment from time to time as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender comply with an interest in the Buildingthis Section 16.2.
Appears in 1 contract
Tenant’s Insurance. (a) Tenant shall procure at its cost and expense and keep maintain in effect during full force throughout the Term broad form comprehensive Term, commercial general liability insuranceinsurance providing coverage on an occurrence form basis with limits of not less than Two Million Dollars ($2,000,000.00) each occurrence for bodily injury and property damage combined, includingTwo Million Dollars ($2,000,000.00) annual general aggregate, without limitation, contractual liability for and Two Million Dollars ($2,000,000.00) products and completed operations annual aggregate. Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally availableinsurance policy or policies shall: (i) deleting any employee exclusion on personal injury include premises and operations liability coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual products and completed operations liability coverage, broad form property damage coverage including completed operations, blanket contractual liability coverage including, to the maximum extent possible, coverage for the indemnification obligations of Tenant under this Lease, and products completed operations coverage personal and advertising injury coverage; (where applicable), ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) deleting any liquor liability exclusions, cover liabilities arising out of or incurred in connection with Xxxxxx's use or occupancy of the Premises or the Property; and (v) extend coverage to cover liability for the actions of Tenant's Representatives and Visitors.
(b) Tenant shall at all times maintain in effect with respect to any Alterations and Xxxxxx's Trade Fixtures and personal property, commercial property insurance providing coverage, at a minimum, for "broad form" perils, to the extent of 80% of the full replacement cost of covered property. Tenant may carry such insurance under a blanket policy, provided that such policy provides equivalent coverage to a separate policy. During the Term, the proceeds from any such policies of employees' automobile non ownership liability. Such insurance shall name be used for the repair or replacement of the Alterations, Trade Fixtures and personal property so insured. Landlord and any other party designated by Landlord as an additional insured, shall be carried provided coverage under such insurance to the extent of its insurable interest and, if requested by companies licensed Landlord, both landlord and Tenant shall sign all documents reasonably necessary or proper in connection with the settlement of any claim or loss under such insurance. Landlord will have no obligation to do business carry insurance on any Alterations or on Tenant's Trade Fixtures or personal property.
(c) Each policy of insurance required under this Section shall: (i) be in California a form, and which have a general policy holders' rating of written by an insurer, reasonably acceptable to Landlord, (ii) be maintained at Tenant's sole cost and expense, and (iii) require at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer to Landlord prior to any cancellation cancellation, nonrenewal or change modification of insurance coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver Insurance companies issuing such policies shall have rating classifications of "A" or certificates, Landlord may, at its option, procure same for better and financial size category ratings of "VII" or better according to the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon Landlord's determination latest edition of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building.A.M.
Appears in 1 contract
Samples: Lease Agreement (Asi Solutions Inc)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions pertaining to additional insureds. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of the Building any pipes, explosion, and backup or required by a lender with an interest in the Building.overflow from sewers or drains, and
Appears in 1 contract
Samples: Office Lease (Versartis, Inc.)
Tenant’s Insurance. Throughout the Lease Term, Tenant shall procure at its cost and expense and keep in effect during maintain the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth following coverages in the Summaryfollowing amounts. Such The required evidence of coverage shall must be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof delivered to Landlord on or before the Commencement Datedate required under Section 10.4(I) sub-sections (x) and (y), and thereafter or Section 10.4(II) below (as applicable). Such policies shall be for a term of at least thirty one (301) days before year, or the expiration dates length of expiring policies; the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of or from the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the event Project, including Lxxxxxxx’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall fail provide an endorsement or policy excerpt showing that Txxxxx’s coverage ./ -/// -30- KXXXXX RXXXXX, L.P. [ACADIA Pharmaceuticals Inc.] is primary and any insurance carried by Landlord shall be excess and non-contributing. The coverage shall also be extended to procure include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the performance of all of Tenant’s indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such insurancelimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $7,000,000 each occurrence Personal Injury and Advertising Liability $7,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $2,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account expense of Tenant, (ii) the Improvements, and any other improvements which exist in the cost thereof shall be paid to Landlord within five Premises as of the Lease Commencement Date (5excluding the Base Building) days after delivery to Tenant of bills therefore(the “Original Improvements”), and (iii) all Alterations performed in the Premises. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to adjustment from time to time as requested by Landlord based upon Landlord's determination reasonable deductible amounts), without deduction for depreciation of the amount covered items and in amounts that meet any co-insurance clauses of such the policies of insurance generally required and shall include coverage for comparable tenants, premises and buildings (a) all perils included in the general geographic location CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Building Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109 144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110 160, 121 Stat. 183), any successor statute or required by a lender with an interest in the Buildingregulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Tenant’s Insurance. Tenant shall procure obtain at its cost and own expense and keep in full force and effect during the Term broad form comprehensive Term, a policy of commercial general liability insurance, insurance (including, without limitation, insurance covering Tenant’s contractual liability for Tenant's indemnity obligation contained in Section 17 under this Lease), under which Tenant is named as the insured, and specific coverage Landlord, Landlord’s managing agent, the present and any future mortgagee of risks arising out of any activities of Tenant pursuant the Real Property or the Building and/or such other designees specified by Landlord from time to Articles 7 and 8time, with a combined single limit of liability in an amount equal to the amount set forth in the Summaryare named as additional insureds. Such coverage policy shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: contain (i) deleting a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any employee exclusion on personal injury coverageloss sustained, (ii) including employees as additional insured, a waiver of subrogation against Landlord or a consent to a waiver of right of recovery against Landlord and (iii) providing an agreement by the insurer that it will not make any claim against or seek to recover from Landlord for blanket contractual coverageany loss, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liabilityor claim whether or not covered under such policy. Such policy shall also contain a provision which provides the insurance shall name Landlord and company will not cancel or refuse to renew the policy, or change in any other party designated by Landlord as an additional insured, shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in material way the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over nature or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one extent of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insuredprovided by such policy, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that without first giving Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before written notice by certified mail, return receipt requested, which notice shall contain the expiration dates policy number and the names of expiring policies; the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than $3,000,000 for injury (or death) and damage to property or such greater amount as Landlord may, from time to time, reasonably require. Tenant shall also maintain at its own expense during the Term a policy of workers’ compensation insurance providing statutory benefits for Tenant’s employees and employer’s liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that names Landlord, Landlord’s managing agent and/or designees specified by Landlord from time to time, as additional insureds, references the Premises, and guarantees a minimum limit available for the Premises equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance required under this subsection shall not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the event Tenant shall fail to procure such insuranceState of New York, and rated in Best’s Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of “A” and a financial rating of at least “13”. In the event that Tenant fails to deliver such policies or certificatescontinuously maintain insurance as required by this subsection, Landlord may, at its optionoption and without relieving Tenant of any obligation hereunder, procure same order such insurance and pay for the account same at the expense of Tenant. In such event, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsiblerepay the amount expended by Landlord, at its cost and expensewith interest thereon, for separately insuring Tenant's property. The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based immediately upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or required by a lender with an interest in the Building’s written demand therefor.
Appears in 1 contract
Samples: Lease Agreement (Intralinks Inc)