Common use of Tenant’s Insurance Clause in Contracts

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 3 contracts

Sources: Industrial Multi Tenant Lease (Smarterkids Com Inc), Industrial Multi Tenant Lease (Smarterkids Com Inc), Industrial Multi Tenant Lease (Learningstar Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain insurance complying with all of the following: (a) Tenant shall procure, pay for and keep in full force and effect effect, at all times during the Term Lease Term, the following: (i) Comprehensive general liability insurance insuring Tenant against liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of the lease Leased Premises, the following insurance coverages insuring against claims which may arise Building, the Outside Areas or the Property, or resulting from or in connection with the Tenant's operation and use activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant's Required Liability Coverage (as set forth in Article 1), which insurance shall contain a "broad form liability" endorsement insuring Tenant's performance of the leased premisesTenant's obligations to indemnify Landlord as contained in this Lease. (aii) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury Fire and property damagedamage insurance in so-called "fire and extended coverage" form insuring Tenant against loss from physical damage to Tenant's personal property, inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; (iii) Plate glass insurance, at actual replacement cost; (iv) Pressure vessel insurance, if applicable; (v) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all laws; and (vi) 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 and with coverage reasonably satisfactory to Landlord. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit Each policy of liability representing loss of at least approximately six months of income. insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(vi) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and non-contributory (ii) shall provide for severability including the total amount of interestsliability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be issued by insurers, licensed in a form satisfactory to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, Landlord; (iv) shall be endorsed carried with companies reasonably acceptable to include Landlord with Best's ratings of at least A and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and XI; (v) shall provide that such policy shall not be endorsed subject to provide cancellation, lapse or change except after at least 30-thirty days prior notification written notice to Landlord, and (vi) shall contain a so-called "severability" or "cross liability" endorsement. Each policy of cancellation property insurance maintained by Tenant with respect to the Leased Premises or material the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change in coverage except after at least thirty days prior written notice to said additional insuredsLandlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, officers, 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 partners, principals, members, officers, employees, agents and contractors.

Appears in 3 contracts

Sources: Lease (Juniper Networks Inc), Lease Agreement (Juniper Networks Inc), Lease (Juniper Networks Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain obtain and keep in full force and effect during the Term Term, and provide coverage after expiration of the lease Term for events occurring during the following Term, insurance coverages insuring as set forth below against claims which may arise for injuries to persons or damages to property arising from or in connection with the Tenant's ’s operation and use of the leased premisesPremises. If Tenant fails to obtain any insurance required of it under this Lease, Landlord may, at its option, but is not obligated to, obtain such insurance on behalf of Tenant and ▇▇▇▇ the cost to Tenant, as Additional Rent. (a) Commercial Property policy with Special Form causes of loss covering: (i) business personal property, leasehold improvements on a replacement cost basis, subject to a deductible no greater than $5,000; (ii) one year’s business income and extra expense from Tenant’s operations on the Premises; which policy shall include waiver of subrogation rights of insurer against Landlord consistent with Section 12.2. (b) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate policy for bodily injury, personal injury and property damage. (b) Workers' Compensation insurance damage with statutory limits and Employers Liability with a of not less than $1,000,000 per accident limit for bodily injury occurrence and $2,000,000 annual aggregates on a per location basis. Endorsements satisfying the following requirements shall be affixed: (i) Landlord, Lender and, if specifically designated by Landlord in writing, Landlord’s affiliates and Landlord’s property manager, shall be named as additional insureds; (ii) Tenant’s policy shall be primary, not contributing with, and not in excess of any other applicable insurance carried by Landlord; (iii) Tenant’s policy shall extend to and include injuries to persons and damage to property arising in connection with any alterations or diseaseimprovements to or about the Premises performed by or on behalf of Tenant; and (iv) Tenant’s policy shall include contractual liability coverage. (c) Automobile Business Auto Liability covering all owned, non- non-owned and hired vehicles with a limit of $1,000,000 per accident limit for bodily injury and property damageaccident. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property Workers’ Compensation on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of incomestatutory basis. (iie) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafterUmbrella Liability with a $3,000,000 per occurrence/annual aggregate limit. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 3 contracts

Sources: Office Lease (Impinj Inc), Office Lease (Impinj Inc), Office Lease (Impinj Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six THREE months of income. (ii) Tenant shall deliver to Landlord AMB certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 3 contracts

Sources: Lease (Harmonic Inc), Lease (Harmonic Inc), Lease (Harmonic Inc)

Tenant’s Insurance. (i) At Tenant shall, at its sole cost and expense, Tenant shall maintain keep in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises.insurance: (ai) Commercial General Liability with minimum limits All-Risk Property Insurance on “Tenant’s Property” for the full replacement value. Such policy shall contain an Agreed Amount endorsement in lieu of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injurya coinsurance clause. “Tenant’s Property” is defined to be all improvements, personal injury and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property of Tenant located in or on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of incomethe Premises, Common Areas or Building, excluding that which is insured by Landlord’s all-risk Property Insurance, as set forth in Article 6.1(a) herein. (ii) Commercial General Liability Insurance insuring Tenant against any liability arising out of its use, occupancy or maintenance of the Premises or the business operated by Tenant pursuant to the Lease. Such insurance shall be in the amount of at least $3,000,000 per occurrence. Such insurance shall be broad form and include, but not be limited to, contractual liability, products and completed operations liability, and personal injury liability. (iii) Workers’ Compensation insurance as required by state law. (iv) Any other form or forms of insurance or increased amounts of insurance as Landlord or any Mortgagees of Landlord may reasonably require from time to time. All such policies shall be written in a form and with an insurance company satisfactory to Landlord and any mortgagees of Landlord. Policies described in clause (ii) above shall include the following as additional insureds, including their members, managers, officers, directors and employees. A GL-2010 Endorsement shall be utilized for the policy(ies) described above. Please note that the spelling of these parties must be exactly correct or Tenant will not be allowed to take possession or occupancy of the Premises: 1. MJH Northbrook LLC 2. Property Manager (currently ▇▇▇▇▇ ▇▇▇▇ LaSalle Americas (Illinois), L.P.) 3. Asset Manager (currently Fulcrum Operating Company, LLC) Prior to or at the time that Tenant takes possession of the Premises, Tenant shall deliver to Landlord copies of policies or certificates evidencing the existence of all insurance reflecting evidence the amounts and forms of required coverages coverage satisfactory to Landlord. Tenant shall, within ten (10) days prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope expiration of such coverage is deemed inadequate at any time during the Termpolicies, Tenant shall increase such coverage to such reasonable amounts furnish Landlord with renewals or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests“binders” thereof, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time order such insurance and charge the cost thereof to time designate, Tenant as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insuredsAdditional Rent.

Appears in 3 contracts

Sources: Office Lease (Blue Water Acquisition Corp.), Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)

Tenant’s Insurance. (i) At Tenant, at its sole cost and own expense, Tenant shall maintain provide and keep in full force with companies which are rated A/XV or better by A.M. Best Company and effect during licensed in the Term Commonwealth of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. Massachusetts: (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 combined single limit commercial general aggregate liability insurance insuring against liability for bodily injury, personal injury and property damage. , including contractual liability, in the amount of $1,000,000.00 per occurrence/$1,000,000.00 annual aggregate limit; (b) Workers' Compensation insurance with statutory limits “All Risk” or “Special Form” property insurance, including standard fire and Employers Liability with a $1,000,000 per accident limit extended coverage insurance, in amounts necessary to provide full replacement cost coverage, for bodily injury Tenant’s Property, business personal property, machinery, electronic data and any Alterations in which Tenant has an insurable property interest, including, but not limited to, vandalism and malicious mischief and sprinkler leakage coverage, and, during any period that is conducted by Tenant at the Premises, “all risk” Builder’s Risk insurance, completed value, non-reporting form at any time that Tenant has commenced construction of any leasehold improvements or disease. any Alterations; (c) Automobile Liability business income insurance covering all owned, non- owned and hired vehicles with risks required to be covered by the insurance provided in clause (b) above in an amount equal to 100% of the projected gross revenues from the operation of Tenant’s business for a $1,000,000 per accident limit for bodily injury and property damage. period of at least twelve (12) months from the date of the casualty; (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provisionWorkers’ Compensation Insurance in statutory limits as required by applicable law; and Business Interruption Insurance with a limit (e) any other insurance reasonably required by Landlord. At Landlord’s request, the amounts and kinds of liability representing loss of at least approximately six months of income. (ii) insurance coverages described herein may be reasonably increased or expanded to reflect amounts and coverages then typically being carried for similar business operations in institutionally owned or financed properties. Whenever Tenant shall deliver undertake any alterations, additions or improvements in, to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which about the Premises are located (“Work”) the aforesaid insurance protection must extend to and which are rated A:VII or better by Best's Key Rating Guideinclude injuries to persons and damage to property arising in connection with such Work, (iv) shall be endorsed to include Landlord without limitation including liability under any applicable structural work act, and such other persons or entities insurance as Landlord may from time shall require; and the policies of or certificates evidencing such insurance must be delivered to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed Landlord prior to provide at least 30-days prior notification the commencement of cancellation or material change in coverage to said additional insuredsany such Work.

Appears in 3 contracts

Sources: Lease Agreement (Alzheon, Inc.), Lease Agreement (Alzheon, Inc.), Lease Agreement (Alzheon, Inc.)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord AMB certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 2 contracts

Sources: Lease (Sonicwall Inc), Lease (Adaptive Broadband Corp)

Tenant’s Insurance. (ia) At Tenant, at its sole cost and expense, Tenant shall maintain obtain and keep in full force and effect during the Term Term: (i) a policy of the lease the following commercial general liability insurance coverages insuring on an occurrence basis against claims for personal injury, death and/or property damage occurring in or about the Premises or the Building, under which may arise Tenant is named as the insured and Landlord, Landlord's managing agent, any Lessors, any Mortgagees and any other parties whose names shall have been furnished by Landlord to Tenant from time to time are named as additional insureds, which insurance shall provide primary coverage without contribution from any other insurance carried by or for the benefit of Landlord, Landlord's managing agent or any Lessors or Mortgagees named as additional insureds, and Tenant agrees to obtain blanket broad-form contractual liability coverage to insure its indemnity obligations set forth in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with Article 32 hereof. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than $1,000,000 per occurrence5,000,000, provided, however, that Landlord shall retain the right to require Tenant to increase such coverage from time to time to that amount of insurance which in Landlord's reasonable judgment is then being customarily required by landlords for similar office space in first-class buildings in the City of Chicago. The deductible or self insured retention for such policy shall in no event exceed $10,000 at any time. If the aggregate limit applying to the Premises is reduced by the payment of a claim or establishment of a reserve equal to or greater than 50% of the annual aggregate, Tenant shall immediately arrange to have the aggregate limit restored by endorsement to the existing policy or the purchase of an additional insurance policy unless, in Landlord's reasonable judgment, Tenant maintains sufficient excess liability insurance to satisfy the liability requirements of this Lease without the reinstatement of the aggregate limit; (ii) insurance against loss or damage by fire, and such other risks and hazards as are insurable under then available standard forms of "all risk" property insurance policies with extended coverage, insuring Tenant's Property, and all Specialty Alterations for the full insurable value thereof or replacement cost value thereof, having a deductible amount, if any, as reasonably determined by Landlord but not to exceed $25,000; (iii) during the performance of any Alteration, until completion thereof, Builder's risk insurance on an "all risk" basis and on a completed value form including a Permission to Complete and Occupy endorsement, for full replacement value covering the interest of Landlord and Tenant (and their respective contractors and subcontractors), any Mortgagee and any Lessor in all work incorporated in the Building and all materials and equipment in or about the Premises; (iv) Workers' Compensation Insurance, as required by law; (v) Disability Benefits Policy Insurance, if required by law; (vi) Business Interruption Insurance; $3,000,000 general aggregate for bodily injuryand (vii) such other insurance in such amounts as Landlord, personal injury and property damageany Mortgagee and/or any Lessor may reasonably require from time to time. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 to be carried by Tenant pursuant to the terms of this Lease (i) shall contain a provision that (x) no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained, (y) the policy shall be primary noncancellable and/or no material change in coverage shall be made thereto unless Landlord, Lessors and non-contributory Mortgagees shall have received 30 days' prior notice of the same, by certified mail, return receipt requested, and (z) Tenant shall be solely responsible for the payment of all premiums under such policies and Landlord, Lessors and Mortgagees shall have no obligation for the payment thereof, and (ii) shall provide for severability of interests, (iii) shall be effected under valid and enforceable policies issued by insurers, licensed reputable and independent insurers permitted to do business in the state State of Illinois and rated in which the Premises are located and which are rated A:VII or better by Best's Key Rating Insurance Guide, or any successor thereto (ivor if there be none, an organization having a national reputation) shall be endorsed to include Landlord as having a "Best's Rating" of "A-" and a "Financial Size Category" of at least "X" or, if such ratings are not then in effect, the equivalent thereof or such other persons or entities financial rating as Landlord may from at any time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insuredsconsider appropriate.

Appears in 2 contracts

Sources: Office Building Lease (Imanage Inc), Office Building Lease (Imanage Inc)

Tenant’s Insurance. Tenant shall obtain, and shall keep in full force and effect, the following insurance, with insurers that are authorized to do business in the State of New Jersey and are rated at least A (Class X) in Best’s Key Rating Guide: (i) At Commercial General Liability Insurance which shall include premises liability, contractual liability, damage to rented premises, personal and advertising injury and products/completed operations coverage. The policy shall insure against claims for bodily injury, personal injury, death or property damage occurring on, in or about the Premises with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. If the policy covers other locations owned or leased by Tenant, such policy must include an aggregate limit per location endorsement. (ii) Special Form (“All Risk”) Property insuring all equipment, trade fixtures, inventory, fixtures or personal property or any Tenant Improvements which are the responsibility of Tenant located on or in the Premises with an agreed amount endorsement and equal to the full replacement cost value of such property. Tenant acknowledges that Landlord will not carry insurance of any kind on Tenant’s equipment, trade fixtures, inventory, fixtures or personal property or any Tenant Improvements which are the responsibility of Tenant, and Landlord shall not be obligated to repair any damage thereto or replace the same. (iii) Workers’ Compensation Insurance as required by applicable laws of the state in which the Premises is located, including Employers’ Liability Insurance with limits of not less than: (x) $100,000.00 per accident; (y) $500,000.00 disease policy limit; and (z) $100,000.00 disease, each employee. (iv) Business interruption insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to those events commonly insured against by reasonably prudent tenants and/or attributable to Tenant’s ability to access or occupy (all or part of) the Premises for at least one (1) year. (v) Excess or Umbrella Liability Insurance with limits of not less than $2,000,000.00 per occurrence and in the aggregate providing coverage in excess of, and follow-form to, the primary commercial general liability and employer’s liability insurance required herein. (vi) Such other insurance as Landlord deems necessary and prudent or as may be required by any Lender or Master Landlord, provided that such insurance is typically carried by tenants occupying buildings located in ▇▇▇▇▇▇ County, New Jersey comparable to the Building. (vii) In addition to the aforementioned insurances, and during any such time as any alterations or work is being performed at the Premises (except that work being performed by Landlord or on behalf of Landlord), Tenant, at its sole cost and expense, Tenant shall maintain in full force carry or shall cause to be carried by applicable contractors and effect during the Term subcontractors, and shall deliver to Landlord at least ten (10) days prior to commencement of the lease the following any such alteration or work, evidence of insurance coverages insuring against claims which may arise from or with respect to (A) workers’ compensation insurance covering all persons employed in connection with the Tenant's operation proposed alteration or work in statutory limits, (B) general/excess liability insurance, in an amount commensurate with the work to be performed but not less than $2,000,000.00 per occurrence and use of in the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate aggregate, for bodily injury, personal injury ongoing and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for completed operations insuring against bodily injury and property damage. damage and naming all additional insured parties as outlined below and required of Tenant and shall include a waiver of subrogation in favor of such parties, (dC) Property insurance against all risks of loss builders’ risk insurance, to any tenant improvements the extent such alterations or betterments and business personal property work may require, on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing completed value form including permission to occupy, covering all physical loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) Ifor damages, in the opinion of an amount and kind reasonably satisfactory to Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (vD) shall be endorsed such other insurance, in such amounts, as Landlord deems reasonably necessary to provide at least 30-days prior notification protect Landlord’s interest in the Premises from any act or omission of cancellation Tenant’s contractors or material change in coverage to said additional insuredssubcontractors.

Appears in 2 contracts

Sources: Lease Agreement (BTRS Holdings Inc.), Lease Agreement (South Mountain Merger Corp.)

Tenant’s Insurance. (ia) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease this Lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's ’s operation and use of the leased premisesPremises. (ai) Commercial General Liability general liability insurance with minimum limits of $1,000,000 per occurrence; $3,000,000 2,000,000 general aggregate for bodily injury, personal injury and property damage. If reasonably required by Landlord, liquor liability coverage will be included. (bii) Workers' Compensation ’ compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (ciii) Automobile Liability liability insurance (which may be maintained as part of Tenant’s commercial general liability insurance) covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (div) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (iib) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to Tenant’s initial occupancyoccupancy of the Premises; and annually at least ten (10) days prior to expiration of such coverages thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (ivc) All insurance required under Paragraph 8.2 (i8.2(a) shall be primary and non-contributory contributory, (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's ’s Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designatedesignate (such as the manager of the Industrial Center), as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-30 days prior written notification of cancellation or material change in coverage to said additional insureds.

Appears in 2 contracts

Sources: Industrial Multi Tenant Lease (Extend Health Inc), Industrial Multi Tenant Lease (Extend Health Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premisesfollowing amounts. (a) 10.3.1 Commercial General Liability with minimum limits Insurance on an occurrence form covering the insured against claims of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damagedamage (including loss of use thereof) arising out of Tenant’s operations, and contractual liabilities including a contractual coverage, and including products and completed operations coverage, for limits of liability on a per location basis of not less than: Bodily Injury and Property Damage Liability $2,000,000 each occurrence $3,000,000 annual aggregate Personal Injury Liability $2,000,000 each occurrence $2,000,000 annual aggregate Any combination of primary and excess/umbrella liability policies may be utilized in order to meet the limit requirements above. 10.3.2 Property Insurance covering (bi) Workers' Compensation insurance with statutory limits all office furniture, business and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks other items of loss to any tenant improvements or betterments and business personal Tenant’s property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit the Premises installed by, for, or at the expense of liability representing loss of at least approximately six months of income. Tenant, (ii) the Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; Improvements and annually thereafter. (iii) If, any other improvements which exist in the opinion Premises as of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during Lease Commencement Date (excluding the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. Base Building) (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only“Original Improvements”), and (viii) all other improvements, alterations and additions to the Premises. Such insurance shall be endorsed written on an “all risks” of physical loss or damage basis, for the full replacement cost value (subject to provide at least 30reasonable deductible amounts) new without deduction for depreciation of the covered items and in amounts that meet any co-days prior notification insurance clauses of cancellation the policies of insurance and shall include coverage for damage or material change other loss caused by fire or other peril including, but not limited to, vandalism and malicious mischief, theft, water damage of any type, including sprinkler leakage, bursting or stoppage of pipes, and explosion. 10.3.3 Business Income Interruption for one (1) year plus Extra Expense insurance in coverage such amounts as will reimburse Tenant for actual direct or indirect loss of earnings attributable to said additional insuredsthe risks outlined in Section 10.3.2 above. 10.3.4 Worker’s Compensation and Employer’s Liability or other similar insurance pursuant to all applicable state and local statutes and regulations. The policy shall include a waiver of subrogation in favor of Landlord, its employees, Lenders and any property manager or partners.

Appears in 2 contracts

Sources: Lease (Synthorx, Inc.), Lease (Synthorx, Inc.)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord AMB certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the reasonable opinion of Landlord's insurance advisor, the amount of or scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII B+:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 2 contracts

Sources: Lease (Kyphon Inc), Lease (Kyphon Inc)

Tenant’s Insurance. (ia) At Tenant, at its sole cost and expense, Tenant shall maintain obtain and keep in full force and effect during the Term Term: (i) a policy of the lease the following commercial general liability insurance coverages insuring on an occurrence basis against claims for personal injury, death and/or property damage occurring in or about the Premises, under which may arise Tenant is named as the insured and Landlord, Landlord’s managing agent, any Lessors, any Mortgagees and any other parties whose names shall have been furnished by Landlord to Tenant from time to time are named as additional insureds, which insurance shall provide primary coverage without contribution from any other insurance carried by or for the benefit of Landlord, Landlord’s managing agent or any Lessors or Mortgagees named as additional insureds, and Tenant agrees to obtain blanket broad-form contractual liability coverage to insure its indemnity obligations set forth in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with Article 32 hereof. The minimum limits of $1,000,000 per occurrenceliability shall be a combined single limit with respect to each occurrence in an amount of not less than [*****]; $3,000,000 general provided, however, that Landlord may require Tenant to increase such coverage, from time to time, to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by landlords in first-class buildings in the City of New York with respect to the Ancillary Space and for comparable entertainment centers in the City of New York with respect to the Music Hall. If the aggregate for bodily injurylimit applying to the Premises is reduced by the payment of a claim or establishment of a reserve equal to or greater than 50% of the annual aggregate, personal injury and property damage. (b) Workers' Compensation Tenant shall immediately arrange to have the aggregate limit restored by endorsement to the existing policy or the purchase of an additional insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all ownedpolicy unless, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property in Landlord’s reasonable judgment, Tenant maintains sufficient excess liability insurance against all risks to satisfy the liability requirements of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit this Lease without the reinstatement of liability representing loss of at least approximately six months of income.the aggregate limit; (ii) insurance against loss or damage by fire, and such other risks and hazards as are insurable under then available standard forms of “all risk” property insurance policies with extended coverage, having a deductible amount, if any, as reasonably approved by Landlord, insuring (A) with respect to the Ancillary Space, all Ancillary Space Alterations and improvements to the Ancillary Space, for the full insurable value thereof or replacement cost value thereof, (B) all of Tenant’s Property and (C) Landlord’s Studio Apartment Property; all such insurance shall name Tenant as the insured and, except with respect to Tenant’s insurance covering Tenant’s Property and Landlord’s Studio Apartment Property, Landlord and any Lessors and any Mortgagees whose names shall deliver have been furnished by Landlord to Landlord certificates of all insurance reflecting evidence of required coverages prior Tenant from time to initial occupancy; time shall be named as additional insureds and annually thereafter.loss payees; (iii) Ifduring the performance of any Alteration, until completion thereof, Builder’s risk insurance on an “all risk” basis and on a completed value form including a Permission to Complete and Occupy endorsement, for full replacement value covering the interest of Landlord and Tenant (and their respective contractors and subcontractors), any Mortgagee and any Lessor in all work incorporated in the opinion of Landlord's insurance advisor, Buildings and all materials and equipment in or about the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate.Premises; (iv) All insurance Workers’ Compensation Insurance, as required under Paragraph 8.2 by law; (iv) shall be primary Liquor Liability (dram shop) Insurance with a minimum limit of liability in an amount of not less than $1,000,000 on an occurrence basis, covering bodily injury and non-contributory death to one or more persons and $100,000 in connection with property damage; and (iivi) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities insurance in such amounts as Landlord Landlord, any Mortgagee and/or any Lessor may reasonably require from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed for premises comparable to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insuredsthe Premises.

Appears in 2 contracts

Sources: Lease Agreement (MSG Entertainment Spinco, Inc.), Lease Agreement (MSG Entertainment Spinco, Inc.)

Tenant’s Insurance. (ia) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's ’s operation and use of the leased premises. (ai) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 2,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (bii) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (ciii) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (div) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six (6) months of income. (iib) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (ivc) All insurance required under this Paragraph 8.2 8.2: (i) shall be primary and non-contributory contributory, (ii) shall provide for severability of interests, (iii) shall be issued by insurers, insurers licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's ’s Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days thirty (30)days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 2 contracts

Sources: Commercial Lease Agreement (Neos Therapeutics, Inc.), Commercial Lease Agreement (Neos Therapeutics, Inc.)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain insurance complying with all of the following: (a) Tenant shall procure, pay for and keep in full force and effect effect, at all times during the Term Lease Term, the following: (i) Commercial general liability insurance insuring Tenant against liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant’s use or occupancy of the lease Leased Premises, or any portion thereof, or resulting from Tenant’s activities in or about the following Leased Premises, with coverage in an amount equal to Tenant’s Required Liability Coverage (as set forth in Article 1), which insurance coverages shall contain a “broad form liability” endorsement insuring against claims which may arise from or Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in connection with the Tenant's operation and use of the leased premisesthis Lease. (aii) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury Fire and property damagedamage insurance in so-called “fire and extended coverage” form insuring Tenant against loss from physical damage to Tenant’s personal property, inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; (iii) Plate glass insurance, at actual replacement cost; (iv) Pressure vessel insurance, if applicable; (v) Workers’ compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; and (vi) With respect to Alterations, contingent liability and builder’s risk insurance, in an amount and with coverage reasonably satisfactory to Landlord. (b) Workers' Compensation Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with statutory limits respect to the Leased Premises: (i) shall, except with respect to insurance required by subparagraph (a)(vi) above, name Landlord, and Employers Liability such others as are reasonably designated by Landlord, as additional insureds; (ii) shall be primary insurance providing 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 declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form reasonably satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord with Best’s ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord, and (vi) shall contain a $1,000,000 per accident limit for bodily injury so-called “severability” or disease“cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord and (ii) shall contain, to the extent commercially reasonable to obtain, a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, officers, 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 partners, principals, members, officers, employees, agents and contractors. (c) Automobile Liability covering Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to 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 form reasonably satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than fifteen days prior to the expiration or cancellation of the policies being renewed or replaced. Landlord may, at any time and from time to time, inspect any and all ownedinsurance policies required to be carried by Tenant pursuant to this Article. If Landlord’s Lender, non- owned and hired vehicles with a $1,000,000 per accident limit insurance broker, advisor or counsel reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1(a) for bodily injury and property damageany policy of insurance Tenant is required to carry pursuant to this Article is not adequate, then Tenant shall increase the amount of coverage for such insurance to such greater amount as Landlord’s Lender, insurance broker, advisor or counsel reasonably deems adequate. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver have the right to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in self-insure for the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under by this Paragraph 8.2 (i) shall be primary and non9.1 so long as the long-contributory (ii) shall provide for severability term, unsecured debt of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are Tenant is rated A:VII or better by Best's Key Rating Guide, (iv) a major credit rating agency. Tenant shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed also have the right to provide at least 30the insurance required hereunder with a so-days prior notification called umbrella policy. Tenant shall have the right to self-insure for the insurance required by Paragraph 9.1(a)(v) so long as Tenant has obtained qualified self-insurer status for such insurance from the California Department of cancellation or material change in coverage to said additional insuredsIndustrial Relations.

Appears in 2 contracts

Sources: Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises.following: (a1) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate liability insurance, including property damage, against liability for personal injury, bodily injury, personal injury death and damage to property occurring in or about, or resulting from an occurrence in or about, the Premises with combined single limit coverage of not less than the amount of Tenant’s Liability Insurance Minimum specified in Section Q of the Summary, which insurance shall contain a “contractual liability” endorsement insuring Tenant’s performance of Tenant’s obligation to indemnify Landlord contained in Section 10.3, and which may be procured through a combination of commercial general liability insurance and so called “umbrella coverage”; (2) Fire and property damage.damage insurance in so-called “all risk” form insuring Tenant’s Trade Fixtures and Tenant’s Alterations for the full actual replacement cost thereof; and (b3) Workers' Compensation Such other insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury that from time to time is either (i) required by any Lender, or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to reasonably required by Landlord certificates and customarily carried by tenants of all insurance reflecting evidence similar property in similar businesses in the vicinity of required coverages prior to initial occupancy; and annually thereafterthe Project. (iii) If, in the opinion B. Each policy of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 to be carried by Tenant pursuant to this Section 9.1: (i) shall be primary name Landlord and non-contributory such other parties in interest as Landlord reasonably designates as additional insured; (ii) shall provide be primary insurance which provides that the insurer shall be liable for severability the full amount of interests, 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; (iii) shall be issued by insurers, licensed in a form satisfactory to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, Landlord; (iv) shall be endorsed carried with companies reasonably acceptable to include Landlord and such other persons having a rating of A+, AAA or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change better in coverage to said additional insureds.“Best’s Insurance Guide;”

Appears in 2 contracts

Sources: Office Lease (Arteris, Inc.), Office Lease (Arteris, Inc.)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effect during affect the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises.following: (a1) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate liability insurance, including property damage, against liability for personal injury, bodily injury, personal injury death and damage to property occurring in or about, or resulting from an occurrence in or about, the Premises with combined single limit coverage of not less than the amount of Tenant’s Liability Insurance Minimum specified in Section Q of the Summary, which insurance shall contain a “contractual liability” endorsement insuring Tenant’s performance of Tenant’s obligation to indemnify Landlord contained in Section 10.3; (2) Fire and property damage.damage insurance in so-called “all risk” form insuring Tenant’s Trade Fixtures and Tenant’s Alterations for the full actual replacement cost thereof; and (b3) Workers' Compensation Such other insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury that from time to time is either (i) required by any Lender, or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to reasonably required by Landlord certificates and customarily carried by tenants of all insurance reflecting evidence similar property in similar businesses in the vicinity of required coverages prior to initial occupancy; and annually thereafterthe Project. (iii) If, in the opinion B. Each policy of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 to be carried by Tenant pursuant to this Section 9.1: (i) shall be primary name Landlord and non-contributory such other parties in interest as Landlord reasonably designates as additional insured; (ii) shall provide be primary insurance which provides that the insurer shall be liable for severability the full amount of interests, 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; (iii) shall be issued by insurers, licensed in a form satisfactory to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, Landlord; (iv) shall be endorsed carried with companies reasonably acceptable to include Landlord and such other persons having a rating of A+, AAA or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change better in coverage to said additional insureds.“Best’s Insurance Guide;”

Appears in 2 contracts

Sources: NNN Office Lease (Tigo Energy, Inc.), NNN Office Lease (Aridis Pharmaceuticals, Inc.)

Tenant’s Insurance. (ia) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased demised premises. : (ai) Commercial General Liability commercial general liability insurance with minimum limits of $1,000,000 _________ per occurrence; $3,000,000 __________ general aggregate for bodily injury, personal injury and property damage. ; (bii) Workersworkers' Compensation compensation insurance with statutory limits and Employers Liability employers liability insurance with a $1,000,000 ________ per accident limit for bodily injury or disease. ; (ciii) Automobile Liability automobile liability insurance covering all owned, non- non-owned and hired vehicles with a $1,000,000 _________ per accident limit for bodily injury and property damage. ; (div) Property property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance co-insurance penalty provision; and Business Interruption Insurance (v) business interruption insurance with a limit of liability representing loss of at least approximately six 6 months of income. (iib) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; occupancy and annually thereafter. (iii) . If, in the reasonable opinion of Landlord▇▇▇▇▇▇▇▇'s insurance advisoradviser, the amount of or scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor adviser deems adequate. (iv) , in the reasonable opinion of such adviser. All insurance required under Paragraph 8.2 of this lease shall: (i) shall be primary and non-contributory noncontributory; (ii) shall provide for severability of interests, ; (iii) shall be issued by insurers, insurers licensed to do business in the state in which the Premises are located New York State and which are rated A:VII or better by Best's Key Rating Guide, ; (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability commercial general liability insurance only), ; and (v) shall be endorsed to provide at least 30-days 30 days' prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 2 contracts

Sources: Warehouse Lease, Warehouse Lease

Tenant’s Insurance. Tenant covenants and agrees to maintain throughout the Lease Term insurance coverage at least as broad as ISO Causes of Loss - Special Form Coverage against risk of direct physical loss or damage (icommonly known as “all risk”) At its sole for the full replacement cost of Tenant’s equipment, fixtures, improvements, Changes (as hereinafter defined) and expensepersonal property in the Demised Premises. Tenant covenants and agrees to maintain throughout the Lease Term a commercial general liability policy, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring including protection against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injurydeath, personal injury and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed an insurance company qualified to do business in the state in which the Demised Premises are located and which are rated A:VII with (a) a single limit of not less than $1,000,000.00 per occurrence and (b) an annual aggregate limit of not less than $3,000,000. Such policy shall name Landlord, its property manager and the Mortgagee (as hereinafter defined) as additional insureds, be primary to any other similar insurance as such additional insureds, and provide that it may not be cancelled or better by Best's Key Rating Guide, modified without at least thirty (iv30) shall be endorsed days prior notice to include Landlord and Mortgagee. The minimum limits of such insurance do not limit the liability of Tenant hereunder. Prior to occupancy of the Demised Premises and prior to expiration or the then-current policy, Tenant shall deliver to Landlord certificates evidencing that insurance required under this Lease is in effect. Tenant covenants and agrees to obtain all other persons insurance, coverages, and endorsements customarily maintained by companies in the general business and use or entities as reasonably requested by Landlord may from time to time designatetime, as additional insureds (Commercial General Liability only)including, without limitation, and (v) workers compensation insurance. The commercial general liability policy obtained by Tenant shall be endorsed to provide at least 30not contain any retention or self-days prior notification of cancellation or material change insurance provision, unless otherwise approved in coverage to said additional insuredswriting by Landlord.

Appears in 2 contracts

Sources: Lease Agreement (Solera National Bancorp, Inc.), Lease Agreement (Solera National Bancorp, Inc.)

Tenant’s Insurance. Tenant shall obtain, and shall keep in full force and effect, the following insurance, with insurers that are authorized to do business in the State of New Jersey and are rated at least A-VIII in Best’s Key Rating Guide: (i) At Commercial General Liability Insurance, which shall include premises liability, contractual liability covering Tenant’s indemnity obligations under this Lease (to the extent covered as an Insured Contract in a standard ISO CGL Policy), damage to rented premises, personal & advertising injury and products/completed operations coverage. Policy shall insure against claims for bodily injury, personal injury, death or property damage occurring on, in or about the Premises with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. If the policy covers other locations owned or leased by Tenant, then such policy must include an aggregate limit per location endorsement. (ii) Special Form (“All Risk”) Property insuring all equipment, trade fixtures, inventory, fixtures and personal property and any Tenant Improvements which are the responsibility of Tenant located on or in the Premises equal to the full replacement cost value of such property. (iii) Workers’ Compensation Insurance as required by applicable laws of the State in which the Premises is located, including Employers’ Liability Insurance with limits of not less than: (x) $100,000 per accident; (y) $500,000 disease policy limit; and (z) $100,000 disease, each employee. (iv) Excess or Umbrella Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and in the aggregate providing coverage in excess of, and follow-form to, the primary commercial general liability and employer’s liability insurance required herein. (v) In addition to the aforementioned insurances, and during any such ​ ​ time as any Major Work is being performed at the Premises (except that work being performed by Landlord or on behalf of Landlord) Tenant, at its sole cost and expense, Tenant shall maintain in full force carry or shall cause to be carried and effect during the Term shall deliver to Landlord at least ten (10) days prior to commencement of the lease the following any such alteration or work, evidence of insurance coverages insuring against claims which may arise from or with respect to (A) workers’ compensation insurance covering all persons employed in connection with the Tenant's operation proposed alteration or work in statutory limits, (B) general/excess liability insurance, in an amount commensurate with the work to be performed but not less than Two Million Dollars ($2,000,000.00) per occurrence and use of in the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate aggregate, for bodily injury, personal injury ongoing and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for completed operations insuring against bodily injury and property damage. (d) Property insurance against damage and naming all risks additional insured parties as outlined below and required of loss to any tenant improvements or betterments Tenant and business personal property on shall include a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit waiver of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, subrogation in the opinion of Landlord's insurance advisor, the amount of scope favor of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only)parties, and (vC) shall be endorsed builders risk insurance, to provide at least 30-days prior notification of cancellation the extent such alterations or material change work may require, on a completed value form including permission to occupy, covering all physical loss or damages, in coverage an amount and kind reasonably satisfactory to said additional insuredsLandlord.

Appears in 1 contract

Sources: Lease Agreement (Audiocodes LTD)

Tenant’s Insurance. (i) At its sole cost On or before the earlier of any Early Access Period, the Commencement Date or the date Tenant commences or causes to be commenced any work of any type in the Premises, and expensecontinuing during the entire Term, Tenant shall obtain and keep in full force and effect, the following insurance with limits of coverage as set forth in Section 1.14 of the Summary: a. Special Form (formerly known as “all risk”) insurance, including fire and extended coverage, sprinkler leakage (including earthquake sprinkler leakage), vandalism, malicious mischief plus earthquake and flood coverage upon property of every description and kind owned by Tenant and located in the Premises or the Facility, or for which Tenant is legally liable or installed by or on behalf of Tenant including, without limitation, furniture, equipment and any other personal property, and any Alterations (but excluding the initial Tenant Improvements previously existing or installed in the Premises), in an amount not less then 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 the Mortgagees of Landlord shall be presumptive. b. Commercial general liability insurance coverage on an occurrence basis, including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, owner’s protective coverage, contractual liability (including Tenant’s indemnification obligations under this Lease), liquor liability (if Tenant serves alcohol on the Premises), products and completed operations liability. The limits of liability of such commercial general liability insurance may be increased every three (3) years during the Term upon reasonable prior notice by Landlord to an amount reasonably required by Landlord and appropriate for tenants of buildings comparable to the Facility. c. Commercial Automobile Liability covering all owned, hired and non-owned automobiles. d. Worker’s compensation, in statutory amounts and employers liability, covering all persons employed in connection with any work done in, on or about the Premises for which claims for death, bodily injury or illness could be asserted against Landlord, Tenant or the Premises. e. Umbrella liability insurance on an occurrence basis, in excess of and following the form of the underlying insurance described in Section 14.1.b. and 14.1.c. and the employer’s liability coverage in Section 14.1 .d. which is at least as broad as each and every area of the underlying policies. Such umbrella liability insurance shall include pay on behalf of wording, concurrency of effective dates with primary policies, blanket contractual liability, application of primary policy aggregates, and shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance, subject to customary commercially reasonable deductible amounts imposed on umbrella policies. f. If Tenant’s business includes professional services, Tenant shall, at Tenant’s expense, maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise professional liability (also known as errors and omissions insurance), covering Tenant and Tenant’s employees from or work related negligence and liability in connection with the Tenant's operation and use of the leased premisestrade. (a) Commercial General Liability with minimum limits g. Loss of $1,000,000 per occurrence; $3,000,000 general aggregate income, extra expense and business interruption insurance in such amounts as will reimburse Tenant for bodily injury12 months of direct or indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises, personal injury and property damageTenant’s parking areas or to the Facility as a result of such perils. (b) Workers' Compensation h. Any other form or forms of insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury as Tenant or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks Landlord or the Mortgagees of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may reasonably require from time to time designatetime, as additional insureds (Commercial General Liability only)in form, amounts and (v) shall be endorsed for insurance risks against which a prudent tenant of a building similar to provide the Facility would protect itself, but only to the extent such risks and amounts are available in the insurance market at least 30-days prior notification of cancellation or material change in coverage to said additional insuredscommercially reasonable costs.

Appears in 1 contract

Sources: Office Lease (Alteryx, Inc.)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premisesPremises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 2,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of or scope of such coverage is deemed inadequate at any time during the Term, and only if deemed necessary because of Tenant's substantial modification of its use of Premises, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under this Paragraph 8.2 shall (i) shall be primary and non-contributory primary; (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guideacceptable to Landlord, (iv) shall be endorsed to include Landlord and such other persons or Landlord's Lenders and affiliated entities (as Landlord may from time to time designate, request) as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Standard Industrial Lease (Egl Inc)

Tenant’s Insurance. (ia) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased demised premises. : (ai) Commercial General Liability commercial general liability insurance with minimum limits of $1,000,000 _________ per occurrence; $3,000,000 __________ general aggregate for bodily injury, personal injury and property damage. ; (bii) Workersworkers' Compensation compensation insurance with statutory limits and Employers Liability employers liability insurance with a $1,000,000 ________ per accident limit for bodily injury or disease. ; (ciii) Automobile Liability automobile liability insurance covering all owned, non- non-owned and hired vehicles with a $1,000,000 _________ per accident limit for bodily injury and property damage. ; (div) Property property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance co-insurance penalty provision; and Business Interruption Insurance (v) business interruption insurance with a limit of liability representing loss of at least approximately six 6 months of income. (iib) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; occupancy and annually thereafter. (iii) . If, in the reasonable opinion of Landlord's insurance advisoradviser, the amount of or scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor adviser deems adequate. (iv) , in the reasonable opinion of such adviser. All insurance required under Paragraph 8.2 of this lease shall: (i) shall be primary and non-contributory noncontributory; (ii) shall provide for severability of interests, ; (iii) shall be issued by insurers, insurers licensed to do business in the state in which the Premises are located New York State and which are rated A:VII or better by Best's Key Rating Guide, ; (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability commercial general liability insurance only), ; and (v) shall be endorsed to provide at least 30-days 30 days' prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Warehouse Lease

Tenant’s Insurance. (i) At its sole cost On or before the Commencement Date or the date Tenant commences or causes to be commenced any work of any type in the Premises, and expensecontinuing during the entire Term, Tenant shall maintain obtain and keep in full force and effect effect, the following insurance with limits of coverage as set forth in Section 1.14 of the Summary: a. Special Form (formerly known as "all risk") insurance, including fire and extended coverage, sprinkler leakage (including earthquake sprinkler leakage), vandalism, malicious mischief plus earthquake and flood coverage upon property of every description and kind owned by Tenant and located in the Premises or the Building, or for which Tenant is legally liable or installed by or on behalf of Tenant including, without limitation, furniture, equipment and any other personal property (but excluding the initial Tenant Improvements previously existing or installed in the Premises), in an amount not less then the full replacement cost thereof. b. Commercial general liability insurance coverage on an occurrence basis, including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, owner’s protective coverage, contractual liability (including Tenant’s indemnification obligations under this Lease), liquor liability (if Tenant serves alcohol on the Premises), products and completed operations liability. The limits of liability of such commercial general liability insurance may be increased every three (3) years during the Term upon reasonable prior notice by Landlord to an amount reasonably required by Landlord and appropriate for tenants of buildings comparable to the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premisesBuilding. (a) c. Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) owned automobiles. d. Worker’s compensation, in statutory amounts and employers liability, covering all persons employed in connection with any work done in, on or about the Premises for which claims for death, bodily injury or illness could be asserted against Landlord, Tenant or the Premises. e. Umbrella liability insurance on an occurrence basis, in excess of and following the form of the underlying insurance described in Section 14.1.b. and 14.1.c. and the employer’s liability coverage in Section 14.1.d. which is at least as broad as each and every area of the underlying policies. Such umbrella liability insurance shall include pay on behalf of wording, concurrency of effective dates with primary policies, blanket contractual liability, application of primary policy aggregates, and shall provide for severability that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance, subject to customary commercially reasonable deductible amounts imposed on umbrella policies. f. Any other form or forms of interests, (iii) shall be issued by insurers, licensed to do business in insurance as Tenant or Landlord or the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Mortgagees of Landlord may reasonably require from time to time designatetime, as additional insureds (Commercial General Liability only)in form, amounts and (v) shall be endorsed for insurance risks against which a prudent tenant of a building similar to provide the Building would protect itself, but only to the extent such risks and amounts are available in the insurance market at least 30-days prior notification of cancellation or material change in coverage to said additional insuredscommercially reasonable costs.

Appears in 1 contract

Sources: Multi Tenant Lease (Nnn) (WaferGen Bio-Systems, Inc.)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord AMB certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory contributory, (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Commercial Lease Agreement (Asd Systems Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain insurance complying with all of the following: (a) Tenant shall procure, pay for and keep in full force and effect effect, at all times during the Term Lease Term, the following: (i) Comprehensive general liability insurance insuring Tenant against liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of the lease Leased Premises, the following insurance coverages insuring against claims which may arise Building, the Outside Areas or the Property, or resulting from or in connection with the Tenant's operation and use activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant's Required Liability Coverage (as set forth in Article 1), which insurance shall contain a "broad form liability" endorsement insuring Tenant's performance of the leased premisesTenant's obligations to indemnify Landlord as contained in this Lease. (aii) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury Fire and property damagedamage insurance in so-called "fire and extended coverage" form insuring Tenant against loss from physical damage to Tenant's personal property, inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; (iii) Plate glass insurance, at actual replacement cost; (iv) Pressure vessel insurance, if applicable; (v) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of the distribution, sale, use or consumption of food and/or beverages (including alcoholic beverages, if applicable) at the Leased Premises for not less than Tenant's Required Liability Coverage (as set forth in Article 1); (vi) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all laws; and (vii) 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 and with coverage reasonably satisfactory to Landlord. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit Each policy of liability representing loss of at least approximately six months of income. insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(vi) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and non-contributory (ii) shall provide for severability including the total amount of interestsliability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be issued by insurers, licensed in a form satisfactory to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, Landlord; (iv) shall be endorsed carried with companies reasonably acceptable to include Landlord with Best's ratings of at least A and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and XI; (v) shall provide that such policy shall not be endorsed subject to provide cancellation, lapse or change except after at least 30-thirty days prior notification written notice to Landlord, and (vi) shall contain a so-called "severability" or "cross liability" endorsement. Each policy of cancellation property insurance maintained by Tenant with respect to the Leased Premises or material change in coverage to said additional insureds.the

Appears in 1 contract

Sources: Lease Agreement (Webex Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term a policy or policies of the lease the following insurance coverages insuring against claims which may arise from or in connection as follows: A. Commercial general liability insurance with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum coverage limits of $1,000,000 per occurrence; $3,000,000 general aggregate not less than the combined single limit for bodily injury, personal injury injury, death and property damage. (b) Workers' Compensation damage liability per occurrence specified in Section 1.13 of the Lease or the current limit carried by Tenant, whichever is greater, insuring against any and all liability of the insureds with respect to the Premises or arising out of the maintenance, use or occupancy of the Premises or related to the exercise of any rights of Tenant pursuant to this Lease, subject to increases in amount as Landlord may reasonably require from time to time. All such commercial general liability insurance with statutory limits shall include, but not be limited to, personal injury, blanket contractual liability, products/completed operations, broad form property damage liability and Employers Liability with independent contractor’s liability. Each commercial general liability policy shall also include a $1,000,000 per accident limit for bodily injury severability of interests clause. If alcoholic beverages are served, sold, consumed or disease. (c) Automobile Liability obtained in the Premises, Tenant shall also purchase and maintain liquor liability insurance. Additionally, Tenant shall be required to purchase and maintain automobile liability insurance covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damageautomobiles. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance B. Worker’s compensation coverage as required by Law, including employer’s liability coverage, with a limit of liability representing not less than One Million Dollars ($1,000,000.00) and waiver by Tenant’s insurer of any right of subrogation against Landlord by reason of any payment pursuant to such coverage. C. Business interruption or loss of at least approximately six months income insurance in amounts sufficient to insure Tenant’s business operations for a period of incomenot less than one (1) year. (ii) D. Plate glass insurance covering all plate glass on the Premises at full replacement value. Tenant shall deliver have the option either to Landlord certificates of all insurance reflecting evidence of required coverages prior insure this risk or to initial occupancy; and annually thereafterself-insure. (iiiE. Insurance covering all of Tenant’s Work, the Premises, Tenant’s leasehold improvements and alterations permitted under Section 21.8(a) Ifof the Lease in an amount not less than their full replacement cost, and insurance covering all of Tenant’s trade fixtures, merchandise and personal property in an amount not less than their full replacement value from time to time. All such insurance coverage shall provide protection against perils covered in the opinion ISO “Causes of Landlord's insurance advisor, Loss – Special Form” (form CP 10 30) and sprinkler leakage. Any policy proceeds shall be used for the amount repair or replacement of scope the property damaged or destroyed unless the Lease shall cease and terminate under the provisions of such coverage is deemed inadequate at any time during Article 13 of the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequateLease. (iv) All F. Such additional insurance required under Paragraph 8.2 (i) shall be primary coverage and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located limits as Landlord deems reasonable and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord consistent with California insurance practices for protecting persons and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insuredsproperty.

Appears in 1 contract

Sources: Retail Lease (Yoshiharu Global Co.)

Tenant’s Insurance. (i) At its sole cost and expenseTenant shall, Tenant shall maintain in full force and effect during the Term of the lease Lease Term, procure and keep in force the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises.insurance: (a) Commercial General Liability general liability (hereinafter referred to as “CGL”) insurance (or the equivalent ISO form in use from time to time in the state where the Premises is located) naming Landlord, Landlord’s managing agent for the Premise, if any, and, if requested, Landlord’s mortgage lender, as additional insured parties, providing coverage against any and all claims for bodily injury and property damage occurring in, or about the Premises, Building and Land arising out of use and occupancy of the Premises by Tenant or its agents, employees or invitees. Such insurance shall have a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate limit and an excess umbrella liability insurance (following form) in the amount of Ten Million Dollars ($10,000,000). Such liability insurance shall be primary and not contributing to any insurance available to Landlord and Landlord’s insurance shall be in excess thereto. In no event shall the limits of such insurance be considered as limiting the liability of Tenant under this Lease and the minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injurycoverage set forth in this Lease shall not be construed to limit the coverage available to any additional insured party to an amount which is less than the full policy limit(s) of all applicable policies actually carried by Tenant. Notwithstanding any limits of liability set forth herein or shown on any certificate/evidence of insurance, personal injury and property damageLandlord shall be entitled to additional insured status on all liability insurance maintained by Tenant. (b) Workers' Compensation Property insurance insuring all equipment, trade fixtures, inventory, fixtures and other personal property located on or in the Premises (hereinafter referred to as the “Insured Personalty”) for perils covered by the cause of loss - special form (or the equivalent ISO form in use from time to time in the state where the Premises is located). Such insurance shall be written on a replacement cost basis in an amount equal to the full insurable value of the aggregate of the Insured Personalty and with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or diseasean agreed amount endorsement to prevent co-insurance. (c) Automobile Liability covering all owned, non- owned and hired vehicles Workers’ compensation insurance in accordance with a $1,000,000 per accident limit for bodily injury and property damagestatutory law. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Lease Agreement (Integra Lifesciences Holdings Corp)

Tenant’s Insurance. On or before the earlier to occur of (i) At the Commencement Date, or (ii) the date Tenant commences work of any type in the Premises pursuant to this Lease (which may be prior to the Commencement Date), and continuing throughout the entire Term hereof and any other period of occupancy, Tenant agrees to keep in full force and effect, at its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance: (i) Special Form" property insurance coverages insuring against claims including at least the following perils: fire and extended coverage, smoke damage, vandalism, malicious mischief, sprinkler leakage (including earthquake sprinkler leakage). This insurance policy must be upon all property owned by Tenant, for which may arise from Tenant is legally liable, or in connection with the which is installed at Tenant's operation expense, and use which is located in the Building including, without limitation, any Tenant Improvements which satisfy the foregoing qualification and any Alterations, and all furniture, fittings, installations, fixtures and any other personal property of Tenant, in an amount not less than the leased premisesfull replacement cost thereof. If there is a dispute as to full replacement cost, the decision of Landlord or any mortgagee of Landlord will be presumptive. (aii) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for Insurance or Comprehensive General Liability Insurance (on an occurrence form) insuring bodily injury, personal injury and property damage. damage including the following divisions and extensions of coverage: Premises and Operations; Owners and Contractors protective; blanket contractual liability (b) Workers' Compensation including coverage for Tenant's indemnity obligations under this Lease); products and completed operations; and liquor liability (if Tenant serves alcohol on the Premises). Such insurance with statutory must have the following minimum limits and Employers Liability with a $1,000,000 per accident limit for of liability: bodily injury or disease. (c) Automobile Liability covering all ownedinjury, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily personal injury and property damage. damage—$2,000,000 each occurrence, $5,000,000 in the aggregate, provided that if liability coverage is provided by a Commercial General Liability policy the general aggregate limit shall apply separately and in total to this location only (d) Property insurance against all risks of loss to any tenant improvements or betterments per location general aggregate), and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit provided further, such minimum limits of liability representing loss may be adjusted from year to year to reflect increases in coverages as recommended by Landlord's insurance carrier as being prudent and commercially reasonable for tenants of at least approximately six months of income. (ii) Tenant shall deliver first class office buildings comparable to Landlord certificates of all insurance reflecting evidence of required coverages prior the Building, rounded to initial occupancy; and annually thereafterthe nearest five hundred thousand dollars. (iii) IfComprehensive Automobile Liability insuring bodily injury and property damage arising from all owned, in the opinion non-owned and hired vehicles, if any, with minimum limits of Landlord's insurance advisor, the amount liability of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate$1,000,000 per accident. (iv) All Worker's Compensation as required by the laws of the State. (v) Any other form or forms of insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability as Tenant or Landlord or any mortgagees of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may reasonably require from time to time designatein form, as additional insureds (Commercial General Liability only)in amounts, and (v) shall for insurance risks against which, a prudent tenant would protect itself, but only to the extent coverage for such risks and amounts are available in the insurance market at commercially acceptable rates. Landlord makes no representation that the limits of liability required to be endorsed carried by Tenant under the terms of this Lease are adequate to provide at least 30-days prior notification of cancellation protect Tenant's interests and Tenant should obtain such additional insurance or material change in coverage to said additional insuredsincreased liability limits as Tenant deems appropriate.

Appears in 1 contract

Sources: Office Building Lease (Alliance Bancshares California)

Tenant’s Insurance. (i) At its Tenant, at Tenant’s sole cost and expense, Tenant shall maintain agrees to keep in full force and effect at all times during the Term term of the lease the following this Lease: (i) Commercial general liability insurance coverages insuring which insures against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury injury, advertising injury, and property damage. (b) Workers' Compensation damage based upon, involving, or arising out of the use, occupancy, or maintenance of the Premises and the Project. Such insurance with statutory limits 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 Employers Advertising Injury Liability with 1,000,000 Fire Damage Legal Liability 100,000 Medical Payments 5,000 Any general aggregate limit shall apply on a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all ownedlocation basis. Tenant’s commercial general liability insurance shall, non- owned upon the request of Landlord, name Landlord and hired vehicles with a $1,000,000 per accident limit for bodily injury 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 property damage. (d) Property insurance against all risks of loss products-completed operations and shall contain an exception to any tenant improvements pollution exclusion which insures damage or betterments injury arising out of heat, smoke or fumes from a hostile fire. Such insurance shall be written on an occurrence basis and business personal property on contain a full replacement cost basis with no coinsurance penalty standard separation of insureds provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates Workers’ compensation insurance in accordance with the laws of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in 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, on an occurrence basis, that applies excess of the required commercial general liability, business automobile liability, and which are rated A:VII or better employer’s liability policies with the following minimum limits: Each Occurrence $5,000,000 Annual Aggregate $5,000,000 These limits shall be in addition to and not including those stated for the underlying commercial general liability, business automobile liability, and employers liability insurance required herein. Such excess liability policies shall name Landlord and any Landlord Parties designated by Best's Key Rating Guide, Landlord as additional insureds. (iv) Causes of Loss – Special Form property insurance including theft, sprinkler leakage and boiler and machinery coverage on all of Tenant’s Personal Property for the full replacement cost thereof. Tenant shall be endorsed to include Landlord use the proceeds from such insurance for the replacement of trade fixtures, furniture, inventory and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and personal property. (v) shall be endorsed to provide at least 30-days prior notification Business income and extra expense insurance with limits not less than one hundred percent (100%) of cancellation or material change in coverage to said additional insuredsall charges payable by Tenant under this Lease for a period of twelve (12) months.

Appears in 1 contract

Sources: Office Lease (Costar Group Inc)

Tenant’s Insurance. (i) At Tenant shall, at its sole cost and expense, Tenant shall maintain keep in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises.insurance: (a) Commercial General Liability with minimum limits All-Risk property insurance on Tenant’s Property for the full replacement value. Such policy shall contain an agreed amount endorsement in lieu of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injurya coinsurance clause. “Tenant’s Property” is defined to be personal property of Tenant and tenant improvements (including initial tenant improvements) located in or on the Premises, personal injury and Common Areas or Building, excluding that which may be insured by Landlord’s All-Risk property damage.insurance as set forth in Article 6.1(a) above; (b) Workers' Compensation Commercial General Liability insurance with statutory limits insuring Tenant against any liability arising out of its use, occupancy or maintenance of the Premises or the business operated by Tenant pursuant to the Lease. Such insurance shall be in the amount of at least $3,000,000 per occurrence (which amount may be increased by Landlord at any time after the initial Term if such increased amount is generally being required for leases of Class A office space in the downtown Seattle market). Such policy shall name Landlord, Landlord’s wholly-owned subsidiaries, affiliates and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease.agents and any mortgagees of Landlord as additional insureds; (c) Automobile Worker’s Compensation and Employer’s Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage.insurance as required by state law; (d) Property insurance against all risks Business Automobile Liability Insurance in the amount of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision$1,000,000 combined single limit; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income.and (iie) Any other form or forms of insurance or increased amounts of insurance as 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. All such policies shall be written in a form and with an insurance company satisfactory to Landlord and any mortgagees of Landlord, and Tenant shall use commercially reasonable efforts to cause such policies to provide that Landlord, and any mortgagees of Landlord, shall receive not less than thirty (30) days prior written notice of any cancellation. Prior to or at the time that Tenant takes possession of the Premises, Tenant shall deliver to Landlord copies of policies or certificates evidencing the existence of all insurance reflecting evidence the amounts and forms of required coverages coverage satisfactory to Landlord. Tenant shall, within thirty (30) days prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope expiration of such coverage is deemed inadequate at any time during the Termpolicies, Tenant shall increase such coverage to such reasonable amounts furnish Landlord with renewals or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests“binders” thereof, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time order such insurance and charge the cost thereof to time designate, Tenant as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insuredsAdditional Rent.

Appears in 1 contract

Sources: Office Lease (Dendreon Corp)

Tenant’s Insurance. (ia) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease -the Lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation operation,and use of the leased premisesPremises. (ai) Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence; occurrence and $3,000,000 general aggregate for bodily injury, personal injury injury, and property damage. If required by Landlord, liquor liability coverage will be included. Such insurance shall be endorsed to include Landlord and Landlord Entities as additional insureds, shall be primary and noncontributory with any Landlord insurance, and shall provide severability of interests between or among insureds. (bii) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (ciii) Automobile Liability covering all ownedTo the extent that Tenant owns or leases vehicles which are using or nonowned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (div) Property insurance against "all risks of risks" at least as broad as the current ISO Special Form policy, including earthquake and flood, for loss to any tenant improvements or betterments betterments, floor and wall coverings, and business personal property on a full insurable replacement cost basis with no coinsurance penalty provision; clause, and Business Interruption Insurance with a limit of liability representing loss of Income insurance covering at least approximately six months of incomeloss of income and continuing expense. (iib) Tenant shall deliver to Landlord certificates of o-f all insurance reflecting evidence of required coverages prior to initial occupancy; , and annually thereafter. (iiic) If, in the opinion of Landlord's insurance advisor, the amount of or scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequateadequate and is comparable to coverages carried by a majority of similar size and use tenants in Compton, CA. (ivd) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, insurers licensed to do business in the state in which the Premises are located and which are rated A:VII VI1 or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), Guide and (vii) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Industrial Lease (Singing Machine Co Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease EFFECT DURING THE TERM OF THE Lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premisesLeased Premises. (a) Commercial General Liability with minimum limits of $1,000,000 per Exhibit (10.2)-p6 EXHIBIT SECTION EXHIBIT (10.2) occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory noncontributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Lease Agreement (Champion Industries Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Lease Agreement (Suntek Corp)

Tenant’s Insurance. (ia) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease Lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's ’s operation and use of the leased premisesPremises. (ai) Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence; occurrence and $3,000,000 general aggregate for bodily injury, personal injury injury, and property damage. Such insurance shall be endorsed to include Landlord and Landlord Entities as additional insureds, shall be primary and noncontributory with any Landlord insurance, and shall provide severability of interests between or among insureds. (bii) Workers' Compensation insurance with statutory limits and Employers Liability with a $$ 1,000,000 per accident limit for bodily injury or disease. (ciii) Automobile Liability insurance covering all owned, non- owned non-owned, and hired vehicles with a $$ 1,000,000 per accident limit for bodily injury and property damage. (div) Property insurance against all risks of risks” at least as broad as the current ISO Special Form policy, excluding earthquake and flood, for loss to any tenant improvements or betterments betterments, floor and wall coverings, and business personal property on a full insurable replacement cost basis with no coinsurance penalty provision; clause, and Business Interruption Insurance with a limit of liability representing loss of Income insurance covering at least approximately six months of incomeloss of income and continuing expense. (iib) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; , and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (ivc) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii8.2(a)(i) shall be issued by insurers, insurers licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's ’s Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), Guide and (vii) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage and 10 days for nonpayment of premiums, to said additional insureds.

Appears in 1 contract

Sources: Industrial Lease (Foxhollow Technologies, Inc.)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain insurance complying with all of the following: (a) Tenant shall procure, pay for and keep in full force and effect effect, at all times during the Term Lease Term, the following: (i) Comprehensive general liability insurance insuring Tenant against liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of the lease Leased Premises, the following insurance coverages insuring against claims which may arise Building, the Outside Areas or the Property, or resulting from or in connection with the Tenant's operation and use activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant's Required Liability Coverage (as set forth in Article 1), which insurance shall contain a "broad form liability" endorsement insuring Tenant's performance of the leased premisesTenant's obligations to indemnify Landlord as contained in this Lease. (aii) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury Fire and property damagedamage insurance in so-called "fire and extended coverage" form insuring Tenant against loss from physical damage to Tenant's personal property, inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; (iii) Plate glass insurance, at actual replacement cost; (iv) Boiler insurance, if applicable; (v) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all laws; and (vi) 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 and with coverage reasonably satisfactory to Landlord. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit Each policy of liability representing loss of at least approximately six months of income. insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(vi) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and non-contributory (ii) shall provide for severability including the total amount of interestsliability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be issued by insurers, licensed in a form reasonably satisfactory to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, Landlord; (iv) shall be endorsed carried with companies reasonably acceptable to include Landlord with Best's ratings of at least A and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and XI; (v) shall provide that such policy shall not be endorsed subject to provide cancellation, lapse or change except after at least 30-thirty days prior notification written notice to Landlord, and (vi) shall contain a so-called "severability" or "cross liability" endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation or material change in coverage lapse except after at least thirty days prior written notice to said additional insuredsLandlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, officers, 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 partners, principals, members, officers, employees, agents and contractors.

Appears in 1 contract

Sources: Lease Agreement (Adept Technology Inc)

Tenant’s Insurance. (i) At On or before the Commencement Date, and continuing throughout the entire Term hereof and any other period of occupancy, Tenant agrees to keep in full force and effect, at its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premisesinsurance: (i) Intentionally Deleted. (aii) One (1) year insurance coverage for loss of income and extra expenses in such amounts as will reimburse Landlord for any direct Monthly Base Rent and Additional Rent attributable to any such perils including prevention of access to the Building or any other portion of the Premises as a result of any such perils. Such insurance shall name Landlord and its lender as loss payees solely with respect to Monthly Base Rent and Additional Rent. These limits may be provided by primary insurance or by primary and Excess/Umbrella Liability insurance combined. (iii) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for Insurance or Comprehensive General Liability Insurance (on an occurrence form) insuring bodily injury, personal injury and property damage. damage including the following divisions and extensions of coverage: Premises and Operations; Owners and Contractors protective; blanket contractual liability (b) Workers' Compensation including coverage for Tenant’s indemnity obligations under this Lease); products and completed operations; and liquor liability (if Tenant serves alcohol on the Premises). Such insurance with statutory must have the following minimum limits and Employers Liability with a $1,000,000 per accident limit for of liability: bodily injury or disease. (c) Automobile Liability covering all ownedinjury, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily personal injury and property damage. damage $5,000,000 each occurrence, $10,000,000 in the aggregate, provided that if liability coverage is provided by a Commercial General Liability policy the general aggregate limit shall apply separately and in total to this location only (d) Property insurance against all risks of loss to any tenant improvements or betterments per location general aggregate), and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit provided further, such minimum limits of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver may be adjusted from year to Landlord certificates of all year to reflect increases in coverages as recommended by Landlord’s insurance reflecting evidence of required coverages prior to initial occupancy; carrier as being prudent and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequatecommercially reasonable. (iv) All insurance required under Paragraph 8.2 (i) shall be primary Comprehensive Automobile Liability insuring bodily injury and property damage arising from all owned, non-contributory owned and hired vehicles, if any, with minimum limits of liability of $1,000,000 per accident. (iiv) shall provide for severability Worker’s Compensation as required by the laws of interests, the State. TENANT’S INITIALS LANDLORD’S INITIALS (iiivi) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII Any other form or better by Best's Key Rating Guide, (iv) shall be endorsed to include forms of insurance as Tenant or Landlord and such other persons or entities as any mortgagees of Landlord may reasonably require from time to time designatein form, as additional insureds (Commercial General Liability only)in amounts, and (v) shall for insurance risks against which, a prudent tenant would protect itself, but only to the extent coverage for such risks and amounts are available in the insurance market at commercially acceptable rates. Landlord makes no representation that the limits of liability required to be endorsed carried by Tenant under the terms of this Lease are adequate to provide at least 30-days prior notification of cancellation protect Tenant’s interests and Tenant should obtain such additional insurance or material change in coverage to said additional insuredsincreased liability limits as Tenant deems appropriate.

Appears in 1 contract

Sources: Office and Industrial/Commercial Lease (Input Output Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises.following: (a1) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate liability insurance, including property damage, against liability for personal injury, bodily injury, personal injury death and damage to property occurring in or about, or resulting from an occurrence in or about, the Premises with combined single limit coverage of not less than the amount of Tenant’s Liability Insurance Minimum specified in Section Q of the Summary, which insurance shall contain a “contractual liability” endorsement insuring Tenant’s performance of Tenant’s obligation to indemnify Landlord contained in Section 10.3; (2) Fire and property damage.damage insurance in so-called “all risk” form insuring Tenant’s Trade Fixtures and Tenant’s Alterations for the full actual replacement cost thereof; and (b3) Workers' Compensation Such other insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury that from time to time is either (i) required by any Lender, or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to reasonably required by Landlord certificates and customarily carried by tenants of all insurance reflecting evidence similar property in similar businesses in the vicinity of required coverages prior to initial occupancy; and annually thereafterthe Project. (iii) If, in the opinion B. Each policy of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 to be carried by Tenant pursuant to this Section 9.1: (i) shall be primary name Landlord and non-contributory such other parties in interest as Landlord reasonably designates as additional insured; (ii) shall provide be primary insurance which provides that the insurer shall be liable for severability the full amount of interests, 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; (iii) shall be issued by insurers, licensed in a form satisfactory to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, Landlord; (iv) shall be endorsed carried with companies reasonably acceptable to include Landlord and such other persons having a rating of A+, AAA or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change better in coverage to said additional insureds.“Best’s Insurance Guide;”

Appears in 1 contract

Sources: Office Lease (Monolithic Power Systems Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during at its sole expense, commencing upon the Term date Tenant takes possession of the lease Premises and continuing throughout the Lease Term, (a) commercial general liability insurance covering the Premises in a combined single limit amount of not less than One Million Dollars ($1,000,000), naming Landlord and any mortgagee(s) of the Property as additional insureds thereunder; (b) all risk property insurance for the full replacement value of Tenant’s improvements and Tenant’s property, including, but not limited to, inventory, trade fixtures, furnishings and other personal property; any proceeds from Tenant’s all risk coverage insurance shall be held in trust by Tenant for the purpose of repair and replacement provided that this Lease is not terminated under the provisions of this lease. Each property insurance policy shall , at a minimum, insure against the perils included in the ISO special causes of loss from CP 1030 and any amendments or “all risk” coverage, including but not limited to loss or damage due to fire and the risks normally included in extended coverage (e.g., flood, windstorm, earthquake, and terrorism); (c) worker’s compensation or similar insurance to the extent required by law; (d) plate glass insurance covering the full replacement value of the plate glass in the Premises; (e) umbrella Liability insurance with limits of liability of not less than $1,000,000 per occurrence that applies on a “following form” basis and is in excess of the underlying commercial general liability insurance coverages insuring against claims which limits of liability; and (f) such other types of insurance in form and amount as Landlord may arise from reasonably require. Tenant shall deliver said insurance policies or certificates thereof to Landlord prior to taking possession of the Premises and thereafter at least fifteen (15) days prior to the expiration of such policy; Landlord having the right, at its sole discretion, to approve the insurance carrier utilized by Tenant in connection with the Tenant's operation Premises (an insurance carrier with Best’s Key Rating Guide: Property-Casualty of not less than “A+” shall be deemed satisfactory to Landlord). Should Tenant fail to effect the insurance called for herein, Landlord may, but shall not be obligated to, procure said insurance and use of pay the leased premises. requisite premiums, in which event, Tenant shall pay all sums so expended plus fifteen (a15.0%) Commercial General Liability with percent as overhead to Landlord, as additional rent, immediately upon demand. Each insurer under the policies required hereunder shall agree by endorsement on the policy, or by independent instrument furnished to Landlord, that it will give Landlord at least fifteen (15) days prior written notice before any policy or policies affecting the Premises shall be altered or cancelled. The minimum limits of $1,000,000 per occurrence; $3,000,000 the commercial general aggregate for bodily injury, personal injury and property damage. (b) Workers' Compensation liability policy of insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss hereinbefore set forth shall be subject to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate increase at any time, and from time during the Termto time, if Landlord shall reasonably deem it necessary for adequate protection. Within thirty (30) days after demand therefor by Landlord, Tenant shall increase furnish Landlord with evidence of Tenant’s compliance with such coverage demand. Tenant agrees, at its own expense, to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary comply with all rules and non-contributory (ii) shall provide for severability regulations of interests, (iii) shall be issued by insurers, licensed to do business in the state in which Fire Insurance Rating Organization having jurisdiction of the Premises are located and which are rated A:VII or better to comply with all requirements imposed by Best's Key Rating GuideLandlord’s insurance carrier, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insuredsif any.

Appears in 1 contract

Sources: Office Lease Agreement (IFLI Acquisition Corp.)

Tenant’s Insurance. (ia) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's ’s operation and use of the leased premises. (ai) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 2,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (bii) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease.. ​ (ciii) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (div) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six (6) months of income. (iib) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (ivc) All insurance required under this Paragraph 8.2 8.2: (i) shall be primary and non-contributory contributory, (ii) shall provide for severability of interests, (iii) shall be issued by insurers, insurers licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's ’s Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days thirty (30)days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Commercial Lease Agreement (Aytu Biopharma, Inc)

Tenant’s Insurance. (ia) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease Lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premisesPremises. (ai) Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence; occurrence and $3,000,000 general aggregate for bodily injury, personal injury injury, and property damage. If required by Landlord, liquor liability coverage will be included. Such insurance shall be endorsed to include Landlord and Landlord Entities as additional insureds, shall be primary and noncontributory with any Landlord insurance, and shall provide severability of interests between or among insureds. (bii) Workers' Compensation insurance with statutory limits and Employers Liability with a $$ 1,000,000 per accident limit for bodily injury or disease. (ciii) Automobile Liability insurance covering all owned, non- owned nonowned, and hired vehicles with a $$ 1,000,000 per accident limit for bodily injury and property damage. (div) Property insurance against "all risks of risks" at least as broad as the current ISO Special Form policy, for loss to any tenant improvements or betterments betterments, floor and wall coverings, and business personal property on a full insurable replacement cost basis with no coinsurance penalty provision; clause, and Business Interruption Insurance with a limit of liability representing Income insurance covering loss of at least approximately six months of incomeincome and continuing expense. (iib) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; , and annually thereafter. (iiic) If, in the opinion of Landlord's insurance advisor, the amount of or scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (ivd) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iiia) shall be issued by insurers, insurers licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), Guide and (vii) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Industrial Lease (Excaliber Enterprises, Ltd.)

Tenant’s Insurance. (ia) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease Lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's ’s operation and use of the leased premisesPremises. (ai) Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence; occurrence and $3,000,000 general aggregate for bodily injury, personal injury injury, and property damage. If required by Landlord, liquor liability coverage will be included. Such insurance shall be endorsed to include Landlord and Landlord Entities as additional insureds, shall be primary and noncontributory with any Landlord insurance, and shall provide severability of interests between or among insureds. (bii) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (ciii) Automobile Liability insurance covering all owned, non- owned nonowned, and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (div) Property insurance against all risks of risks” at least as broad as the current ISO Special Form policy, excluding earthquake and flood, for loss to any tenant improvements or betterments betterments, floor and wall coverings, and business personal property on a full insurable replacement cost basis with no coinsurance penalty provision; clause, and Business Interruption Insurance with a limit of liability representing loss of Income insurance covering at least approximately six months of incomeloss of income and continuing expense. (iib) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; , and annually thereafter. (iiic) If, in the opinion of Landlord's ’s insurance advisor, the amount of or scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's ’s advisor deems adequate. (ivd) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iiia) shall be issued by insurers, insurers licensed to do business in the state in which the Premises are located and which are rated A:VII A-:VII or better by Best's ’s Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), Guide and (vii) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Industrial Lease (InvenSense Inc)

Tenant’s Insurance. (ia) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's ’s operation and use of the leased premises. (ai) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. (bii) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (ciii) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (div) Property “All risk” property insurance against all risks of insuring loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (iib) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iiic) If, in the reasonable opinion of Landlord's ’s insurance advisor, the amount of or scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's ’s advisor deems adequate. (ivd) All insurance required under Paragraph 8.2 (a) shall (i) shall be primary and non-contributory contributory; (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's ’s Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designatedesignate in a written notice to Tenant, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide that the insurer will endeavor to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Industrial Multi Tenant Lease (Immucor Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter.; (iii) If, at any time during the Option Period, as set forth in the Option to Extend Addendum to this Lease, in the opinion of Landlord's insurance advisor, the amount of or scope of such coverage is deemed inadequate at any time during the Termtime, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Industrial Multi Tenant Lease (SBS Technologies Inc)

Tenant’s Insurance. Tenant shall, throughout the Term (i) At and any other period when Tenant is in possession of the Premises), maintain at its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance: (A) All risks property insurance, naming Tenant and Landlord as insured parties, containing a waiver of subrogation rights which ▇▇▇▇▇▇'s insurers may have against Landlord. Such insurance coverages insuring against claims which may arise from or shall insure property of every kind owned by Tenant in connection an amount not less than the full replacement cost thereof (new), with the Tenant's operation and use of the leased premisessuch cost to be adjusted no less than annually. (aB) Commercial General Liability with minimum Comprehensive general liability insurance. Such policy shall contain inclusive limits per occurrence of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, not less than the amount specified in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall Lease Summary; provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located ; and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such any mortgagee of Landlord as additional insureds. (C) Worker's compensation and employer's liability insurance in compliance with applicable legal requirements. (D) Any other persons form of insurance which Tenant or entities as Landlord may Landlord, acting reasonably, requires from time to time designatein form, as additional insureds (Commercial General Liability only)in amounts, and for risks against which a prudent tenant would insure. a) Tenant fails to take out or to keep in force any insurance referred to in this section 6.1, or should any such insurance not be approved by either Landlord or any mortgagee, and b) Tenant does not commence and continue to diligently cure such default within forty-eight (v48) hours after written notice by Landlord to Tenant specifying the nature of such default, then Landlord has the right, without assuming any obligation in connection therewith, to effect such insurance at the sole cost of Tenant and all outlays by Landlord shall be endorsed paid by Tenant to provide at least 30-days prior notification Landlord without prejudice to any other rights or remedies of cancellation Landlord under this Lease. Tenant shall not keep or material change use in coverage the Premises any article which may be prohibited by any fire or casualty insurance policy in force from time to said additional insuredstime covering the Premises or the Building.

Appears in 1 contract

Sources: Industrial Lease (Intellicell Corp)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect carry insurance during the entire Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation Tenant and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and their respective agents and employees, and any other parties designated by Landlord from time to time (including, without limitation, any Mortgagee [as defined below]) as their interests may appear, with terms, coverages and in companies satisfactory to Landlord, and with such other persons or entities increases in limits as Landlord may from time to time designaterequest or as any Mortgagee may from time to time require, but initially Tenant shall maintain the following coverages in the following amounts: (a) Comprehensive or Commercial General Liability insurance, including Contractual Liability coverage of the indemnification provisions contained in this Lease and host liquor liability insurance, with limits for bodily injury or personal injury to or death of any person, or more than one (1) person, or for damage to property in an amount of not less than $1,000,000 per occurrence/$3,000,000 aggregate. The coverage amounts may be provided through an umbrella or excess liability policy. The Comprehensive or Commercial General Liability policy shall include Landlord, Landlord’s management agent and any Mortgagee designated by Landlord from time to time as additional insureds on a primary and non-contributory basis to any insurance carried by Landlord, Landlord’s management agent and any Mortgagee. (Commercial General Liability only)b) Property damage insurance against ‘all risks” of physical loss for the full insurable replacement value of the initial build-out of the Premises, all Alterations, all Personal Property, and of all furniture, trade fixtures, equipment, business records, merchandise and all other items of Tenant’s personal property on the Premises. (vc) shall be endorsed Worker’s Compensation Insurance in amounts required by the State of Illinois, including Voluntary Compensation, Broad Form All States Endorsement, and employer’s liability insurance in an amount of not less than $500,000 per occurrence. (d) Automobile Liability Insurance with limits for bodily injury or personal injury to provide at least 30or death of any person, or more than one (1) person, or for damage to property in an amount of not less than $1,000,000 combined single limit, including Employer’s Owned, Non-days prior notification of cancellation or material change in coverage to said additional insuredsOwned and Hired Car coverage.

Appears in 1 contract

Sources: Lease Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)

Tenant’s Insurance. (ia) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (ai) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (bii) Workers' Compensation insurance with statutory limits and Employers Liability with a $$ 1,000,000 per accident limit for bodily injury or disease. (ciii) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (div) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (iib) Tenant shall deliver to Landlord AMB certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iiic) If, in the opinion of Landlord's insurance advisor, the amount of or scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate.. brightstar lease (ivd) All insurance required under Paragraph 8.2 (a) shall (i) shall be primary and non-contributory contributory; (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Industrial Multi Tenant Lease (Brightstar Corp.)

Tenant’s Insurance. (i) At its Tenant will secure and maintain, at Tenant’s sole cost and expense, Tenant shall maintain in full force and effect with companies acceptable to Landlord during the Term of the lease and any extension or renewal hereof the following insurance coverages insuring against claims which may arise from or in connection with for the Tenant's operation and use of the leased premises.Premises: (ai) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate which insures against claims for bodily injury, personal injury injury, advertising injury, and property damage. (b) Workers' Compensation insurance damage based upon, involving, or arising out of the use, occupancy, or maintenance of the Premises with statutory limits and Employers Liability with a not less than $1,000,000 per accident occurrence and $2,000,000 aggregate. Any general aggregate limit for bodily injury or disease. (c) Automobile Liability covering all ownedwill apply on a per location basis. Such insurance will name Landlord; its trustees and beneficiaries; Landlord's Mortgagees; and Landlord's advisor and managing agent; and their respective officers, non- owned directors, agents and hired vehicles with a $1,000,000 per accident limit for bodily injury employees; as additional insured. This coverage must include contractual liability, broad form property damage liability, and property damage. (d) Property insurance against all risks of loss must contain an exception to any tenant improvements pollution exclusion which insures damage or betterments and business personal property injury arising out of heat, smoke, or fumes from a hostile fire. Such insurance must be written on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit an occurrence basis. Liability insurance maintained by Tenant will be primary coverage without right of liability representing loss of at least approximately six months of incomecontribution by any similar insurance that may be maintained by Landlord. (ii) Property - covering Special Causes of Loss, including but not limited, wind including named windstorm on all tenant’s personal property, including any improvement and betterments, tools, equipment or of any other property of Tenant, at any time situated upon the Premises for the full replacement cost thereof. Tenant shall deliver to will use the proceeds from such insurance for the replacement of such property. Landlord certificates of will be named as loss payee as respects its interest in all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafterimprovements. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. Business Income (ivrents) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide with limits at least 30-days prior notification equal to the rental value of cancellation or material change in coverage to said additional insuredsthe premises for at least six (6) months.

Appears in 1 contract

Sources: Office Lease

Tenant’s Insurance. Tenant covenants and agrees to provide at its expense before the earlier to occur of the Commencement Date or the commencement of any work by Tenant under Exhibit B, and to keep in force at all times (i) At a commercial general liability insurance policy (hereinafter referred to as a “Liability Policy”) written on an “occurrence basis” including contractual liability coverage, property damage, independent contractor’s coverage and personal injury coverage, naming Landlord, its sole cost managing agent and expensethe holders of any deeds of trust or mortgages, as additional insured, and Tenant shall maintain in full force against any liability, occasioned by any occurrence on or about the Premises; (ii) a Causes of Loss – Special Form or “All Risk” Property policy insuring the improvements installed by Tenant before or after the Commencement Date and effect during the Term all of the lease furniture, trade fixtures and other personal property of Tenant located in the following insurance coverages insuring against claims which may arise from or Premises, with a waiver of subrogation in connection favor of Landlord; (iii) Worker’s Compensation policy covering all costs, benefits and liabilities under state worker’s compensation and similar Laws with the statutory limits for employees of Tenant's operation and use , with a waiver of the leased premises. subrogation in favor of Landlord; (aiv) Commercial General Employer’s Liability Insurance with minimum limits of $1,000,000 1,000,000.00 per occurrenceaccident or disease and $1,000,000.00 aggregate by disease; $3,000,000 general aggregate for bodily injury, personal injury and property damage. (bv) Workers' Compensation insurance with statutory limits and Employers Motor Vehicle Liability with a $1,000,000 per accident limit coverage for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and non-owned and hired vehicles with a combined single limits of $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) 1,000,000.00. Such policies shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued written by insurers, insurance companies licensed to do business in the state State of South Carolina with an A.M. Best Company financial and performance rating of A-: VIII or better. As of the date of this Lease, Landlord reasonably requires limits of liability under the Liability Policy of $1,000,000 per occurrence and in which the Premises are located aggregate and which are rated A:VII or better by Best's Key Rating Guideumbrella coverage totaling $10,000,000.00 in the aggregate, (iv) shall be endorsed subject to include Landlord and such other persons or entities as Landlord may increase from time to time designateupon request by Landlord consistent with commercially reasonable standards. Prior to the time such insurance is first required to be carried by Tenant and thereafter prior to the expiration date of any such policy, as additional insureds (Commercial General Liability only), and (v) Tenant agrees to deliver to Landlord certificates evidencing such insurance coverage. Said certificate shall be endorsed on ▇▇▇▇▇ Form and shall contain an endorsement that such insurance may not be canceled except upon thirty (30) days’ prior written notice to Landlord and any designated mortgagee. All policies must contain a waiver of subrogation of claims against Landlord and/or Landlord’s insurer, a severability of interest clause, a cross-liability clause and shall be primary and shall not provide at least 30-days prior notification for contribution of cancellation any other insurance available to Landlord, its managing agent or material change the holders of any such deeds of trust or mortgages. Notwithstanding anything to the contrary contained in coverage to said additional insuredsthis Lease, the carrying of insurance by Tenant in compliance with this Section 7.4 shall not modify, reduce, limit or impair Tenant’s obligations and liabilities under Section 7.3 hereof.

Appears in 1 contract

Sources: Lease Agreement (Blackbaud Inc)

Tenant’s Insurance. (i) At its sole cost On or before the earlier of the Commencement Date or the date Tenant commences or causes to be commenced any work of any type in the Premises, and expensecontinuing during the entire Term, Tenant shall obtain and keep in full force and effect, the following insurance with limits of coverage as set forth in Section 1.14 of the Summary: a. Special Form (formerly known as “all risk”) insurance, including fire and extended coverage, sprinkler leakage (including earthquake sprinkler leakage), vandalism, malicious mischief plus, if the Property is located currently or at any time in the future in an area identified by the Federal Emergency Management Agency as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973 or the National Flood Insurance Reform Act of 1994 (as such acts may from time to time be amended), flood coverage upon property of every description and kind owned by Tenant and located in the Premises or the Building, or for which Tenant is legally liable or installed by or on behalf of Tenant including, without limitation, furniture, equipment and any other personal property, and any Alterations (but excluding the initial Tenant Improvements previously existing or installed in the Premises), in an amount not less then 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 the mortgagees of Landlord shall be presumptive. b. Commercial general liability insurance coverage on an occurrence basis, including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, owner’s protective coverage, contractual liability (including Tenant’s indemnification obligations under this Lease), liquor liability (if Tenant serves alcohol on the Premises), products and completed operations liability. The limits of liability of such commercial general liability insurance may be increased every three (3) years during the Term upon reasonable prior notice by Landlord to an amount reasonably required by Landlord and appropriate for tenants of buildings comparable to the Building. c. Commercial Automobile Liability covering all owned, hired and non-owned automobiles. d. Worker’s compensation, in statutory amounts and employers liability, covering all persons employed in connection with any work done in, on or about the Premises for which claims for death, bodily injury or illness could be asserted against Landlord, Tenant or the Premises. e. Umbrella liability insurance on an occurrence basis, in excess of and following the form of the underlying insurance described in Section 14.1.b. and 14.1.c. and the employer’s liability coverage in Section 14.1.d. which is at least as broad as each and every area of the underlying policies. Such umbrella liability insurance shall include pay on behalf of wording, concurrency of effective dates with primary policies, blanket contractual liability, application of primary policy aggregates, and shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance, subject to customary commercially reasonable deductible amounts imposed on umbrella policies. f. If Tenant’s business includes professional services, Tenant shall, at Tenant’s expense, maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise professional liability (also known as errors and omissions insurance), covering Tenant and Tenant’s employees from or work related negligence and liability in connection with the Tenant's operation and use of the leased premisestrade. g. Loss of income, extra expense and business interruption insurance in such amounts as will reimburse Tenant for twelve (a12) Commercial General Liability with minimum limits months of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injurydirect or indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises, personal injury and property damageTenant’s parking areas or to the Building as a result of such perils. Tenant may elect not to carry loss of income, extra expense or business interruption insurance in which event Tenant shall be deemed to have elected to self insure such loss. (b) Workers' Compensation h. Any other form or forms of insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury as Tenant or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks Landlord or the mortgagees of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may reasonably require from time to time designatetime, as additional insureds (Commercial General Liability only)in form, amounts and (v) shall be endorsed for insurance risks against which a prudent tenant of a building similar to provide the Building would protect itself, but only to the extent such risks and amounts are available in the insurance market at least 30-days prior notification of cancellation or material change in coverage to said additional insuredscommercially reasonable costs.

Appears in 1 contract

Sources: Multi Tenant Office Lease (Health Grades Inc)

Tenant’s Insurance. (i) At During the Term of this Lease, and any extension and renewal thereof, Tenant, at its sole cost and expense, shall carry and maintain the following policies of insurance with insurance companies licensed or authorized to do business in the State of Florida and rated as no less than A-, Class VI in the current edition of Best's Guide, insuring Landlord, Landlord's authorized agent, Tenant and any lender of record encumbering the Premises if requested by Landlord, and shall maintain in full force and effect during the Term deliver to Landlord a certificate of insurance evidencing such coverage both prior to taking possession of the lease Premises and annually thereafter: (i) Property Insurance on the following insurance coverages insuring against claims which may arise from Special or in connection with the All-Risk Form (including theft, sprinkler leakage, boiler and machinery insurance), covering Tenant's operation personal property, trade fixtures, inventory and use of equipment located in the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss Premises in an amount equal to any tenant improvements or betterments and business personal property on a the full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with of all items. Said All-Risk policy is to have a limit maximum deductible of liability representing loss of at least approximately six months of income$10,000. (ii) Tenant shall deliver to Landlord certificates Commercial General Liability Insurance on an occurrence form including premises operations, products/completed operations, hazard and contractual coverage with limits of all insurance reflecting evidence of required coverages prior to initial occupancy; no less than $2,000,000 per occurrence, $2,000,000 General Aggregate and annually thereafter$2,000,000 Completed Operations Aggregate. (iii) If, in Workers' Compensation Insurance with liability limits required by the opinion laws of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better employers liability coverage. Such insurance shall, to the extent permitted by Best's Key Rating Guidelaw, (iv) shall be endorsed to include name Landlord and such other persons or entities as Landlord may from time to time designate, Landlord's authorized agent as additional insureds and provide for thirty (Commercial 30) days' prior written notice to Landlord and its asset and property manager before any modification or termination of said insurance. The above-referenced insurance shall be considered primary and non-contributory with or secondary to coverage provided by Landlord. Landlord reserves the right to require additional coverage and increase limits as industry standards change. Should Tenant engage the services of a contractor, Tenant will make certain that such contractor will carry General Liability only), Insurance and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said will name Landlord and its asset and property manager as additional insureds.

Appears in 1 contract

Sources: Office Building Lease (Triton Network Systems Inc)

Tenant’s Insurance. (i) At Tenant shall, at its sole cost and expense, Tenant shall maintain in full force and effect at all times during the Term of the lease the following a commercial general liability insurance coverages insuring against policy, on an “occurrence” rather than on a “claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injurymade” basis, personal injury and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident total combined policy limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income$2,000,000.00. The policy shall include, but not be limited to, coverages for Bodily Injury, Property Damage, Personal Injury and Contractual Liability (applying to this Lease), or an equivalent form (or forms) affording coverage at least as broad. Landlord and Landlord’s Managing Agent shall be named as Additional Insureds under the policy. (ii) Tenant shall, at its sole cost and expense, maintain in effect at all times during the Term, a policy or polices of insurance covering all of Tenant’s improvements, fixtures, inventory and other personal property in the Premises against loss by fire and other hazards covered by an “all-risk” form of policy, in an amount equal to the full replacement cost thereof, without deduction for physical depreciation. Such insurance shall deliver include Valuable papers and Records coverage providing for the Reproduction Costs measure of recovery and coverage for damage to Landlord certificates Electronic Data Processing Equipment and Media, including coverage of all insurance reflecting evidence the perils of required coverages prior to initial occupancy; mechanical breakdown and annually thereafterelectronic disturbance. (iii) IfTenant shall, at its sole cost and expense, maintain in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate effect at any time all times during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequatea policy of insurance covering business interruption for a period of at least 365 days. (iv) All If the use of the Premises by Tenant increases the premium rate for insurance carried by Landlord on the Building, Tenant shall pay Landlord, upon demand, as Additional Rent, the amount of such premium increase. (v) Tenant, upon actual knowledge or receipt of written notice by Landlord, shall not carry any stock of goods, inventory, or Hazardous Substances (as defined in this Lease) or do anything in or about the Premises which will in any way impair or invalidate the obligation of the insurer under any policy of insurance required under by this Lease. (vi) Insurance policies required by this Paragraph 8.2 (i14(b) shall be primary in a form reasonably acceptable to Landlord, with an insurer or insurers having a Best rating of A-,X or better and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed qualified to do business in the state in which the Premises are located State of Minnesota, and which are rated A:VII shall require at least thirty (30) days prior written notice to Landlord (and, if requested by Landlord, Landlord’s mortgagee(s)), of termination, cancellation, non-renewal or better by Best's Key Rating Guide, (ivmaterial alteration. The liability insurance under subparagraph 14(b)(i) shall be endorsed primary with respect to include Landlord and its agents and not participating with any other available insurance. Prior to the Commencement Date, on each anniversary of the Commencement Date and at such other persons or entities times as Landlord may from time request, Tenant shall deliver to time designateLandlord a certificate evidencing such policies, as additional insureds or other evidence reasonably satisfactory to Landlord, confirming (Commercial General Liability only)A) the terms of the insurance, (B) that the premiums have been paid at least one (1) year in advance, and (vC) shall be endorsed to provide that the policies are in full force and effect. If Tenant has a blanket insurance policy providing coverage for several properties of Tenant, including the Premises, Landlord will accept a certificate of such insurance, provided: (1) the certificate states the amounts of insurance and types of coverage; (2) the amounts are at least 30-days prior notification of cancellation or material change equal to the amounts that would be required in coverage to said additional insuredsthis Lease; and (3) the policy complies with the other requirements in this Lease.

Appears in 1 contract

Sources: Lease Agreement (Kips Bay Medical, Inc.)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord AMB or Landlord's property management company certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Industrial Multi Tenant Lease (Cost U Less Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain insurance complying with all of the following: (a) Tenant shall procure, pay for and keep in full force and effect effect, at all times during the Term Lease Term, the following: (i) Comprehensive general liability insurance insuring Tenant against liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of the lease Leased Premises, the following insurance coverages insuring against claims which may arise Building, the Outside Areas or the Property, or resulting from or in connection with the Tenant's operation and use activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant's Required Liability Coverage (as set forth in Article 1), which insurance shall contain a "broad form liability" endorsement insuring Tenant's performance of the leased premisesTenant's obligations to indemnify Landlord as contained in this Lease. (aii) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury Fire and property damagedamage insurance in so-called "fire and extended coverage" form insuring Tenant against loss from physical damage to Tenant's personal property, inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; (iii) Plate glass insurance, at actual replacement cost; (iv) Boiler insurance, if applicable; (v) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all laws; and (vi) 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 and with coverage reasonably satisfactory to Landlord. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit Each policy of liability representing loss of at least approximately six months of income. insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(vi) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and non-contributory (ii) shall provide for severability including the total amount of interestsliability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be issued by insurers, licensed in a form reasonably satisfactory to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, Landlord; (iv) shall be endorsed carried with companies reasonably acceptable to include Landlord with Best's ratings of at least A and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and XI; (v) shall provide that such policy shall not be endorsed subject to provide cancellation, lapse or change except after at least 30-thirty days prior notification written notice to Landlord, and (vi) shall contain a so-called "severability" or "cross liability" endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation or material change in coverage lapse except after at least thirty days prior written notice to said additional insuredsLandlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, officers, 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 partners, principals, members, officers, employees, agents and contractors.

Appears in 1 contract

Sources: Lease Agreement (Adept Technology Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain obtain, and shall keep in full force and effect during the Term of the lease effect, the following insurance coverages insuring against claims which may arise from or insurance, with insurers that are authorized to do business in connection with the Tenant's operation Commonwealth of Massachusetts and use of the leased premises.are rated at least A (Class X) in Best’s Key Rating Guide: (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate Insurance, which shall include premises liability, contractual liability covering Tenant’s indemnity obligations under this Lease (to the extent covered as an Insured Contract in a standard ISO GCL Policy), fire legal liability, personal & advertising injury and products/completed operations coverage. Policy shall insure against claims for bodily injury, personal injury injury, death or property damage occurring on, in or about the Premises with limits of not less than $1,000,000.00 per occurrence and property damage$2,000,000.00 in the aggregate. If the policy covers other locations owned or leased by Tenant, then such policy must include an aggregate limit per location endorsement. (b) Workers' Compensation insurance Special Form (“All Risk”) Property, insuring all equipment, trade fixtures, inventory, fixtures and personal property (“Tenant’s Property”) and any Alterations or other Leasehold Improvements which are the responsibility of Tenant, located on or in the Premises with statutory limits an agreed amount endorsement and Employers Liability with a $1,000,000 per accident limit for bodily injury or diseaseequal to the full replacement cost value of such property. (c) Automobile Workers’ Compensation Insurance as required by applicable laws of the State in which the Premises is located, including Employers’ Liability covering all ownedInsurance with limits of not less than: (x) $100,000 per accident; (y) $500,000 disease, non- owned policy limit; and hired vehicles with a (z) $1,000,000 per accident limit for bodily injury and property damage100,000 disease, each employee. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit limits of liability representing loss of not less than the amount necessary to cover continuing expenses including rents and extra expenses for at least approximately six months one (1) year; provided that if Tenant elects not to carry or self-insure business interruption insurance, Tenant shall not be in Default under the terms of incomethis Lease and Tenant further acknowledges that Landlord is released from any and all liability arising during the Lease Term which would have been covered by business interruption insurance had Tenant carried such insurance. (iie) Tenant Excess or Umbrella Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and in the aggregate providing coverage excess and follow-form of the primary general and employer’s liability insurances required hereinto. (f) Such other insurance as Landlord deems necessary and prudent or as may be required by any Mortgagee (defined below). (g) In addition to the above aforementioned insurances, and during any such time as any alterations or work is being performed at the Premises (except that work being performed by the Landlord or on behalf of Landlord) Tenant, at its sole cost and expense, shall carry, or shall cause to be carried and shall deliver to Landlord certificates at least ten (10) days prior to commencement of all insurance reflecting any such alteration or work, evidence of required coverages prior insurance with respects to initial occupancy; and annually thereafter. (iiia) Ifworkers compensation insurance covering all persons employed in connection with the proposed alteration or work in statutory limits, (b) general/excess liability insurance, in an amount commensurate with the opinion work to be performed but not less than Two Million Dollars ($2,000,000) per occurrence and in the aggregate, for ongoing and completed operations insuring against bodily injury and property damage and naming all additional insured parties as outlined below and required of Landlord's insurance advisor, the amount Tenant and shall include a waiver of scope subrogation in favor of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interestsparties, (iiic) shall be issued by insurersbuilders risk insurance, licensed to do business the extent such alterations or work may require, on a completed value form including permission to occupy, covering all physical loss or damages, in the state in which the Premises are located an amount and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed kind reasonable satisfactory to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only)Landlord, and (vd) shall be endorsed such other insurance, in such amounts, as Landlord deems reasonably necessary to provide at least 30-days prior notification protect Landlord’s interest in the Premises from any act or omission of cancellation Tenant’s contactors or material change in coverage to said additional insuredssubcontractors.

Appears in 1 contract

Sources: Lease Agreement (Cynosure Inc)

Tenant’s Insurance. (i) At its sole cost and expenseDuring the term of this Lease, Tenant shall maintain obtain and keep in full force and effect during the Term of the lease at its own expense, the following insurance coverages insuring against claims which may arise from or insurances: (a) Workers’ Compensation Insurance as required by applicable legal requirements, covering all persons employed in connection with the matters contemplated hereunder and with respect to whom death or injury claims could be asserted against City or Tenant's operation and use of the leased premises. , (ab) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. ) insurance in a policy limit of not less than $2,000,000 for combined single limit per occurrence, and (dc) Property insurance Insurance against all risks of loss to any tenant improvements or betterments and business personal property on a betterments, at full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. Such Commercial General Liability insurance policy shall be endorsed as to include the City as an additional insured. (ii) 9.1. Certificates of insurance indicating that such insurance is in effect shall be delivered to the City before the Effective Date of this Lease. If Tenant is underwritten on a claims-made basis, the retroactive date shall be prior to or coincident with the Commencement Date of this Lease, and the certificate of insurance shall state that coverage is claims-made and the retroactive date. It is further agreed that Tenant shall deliver provide the City with 30-day advance written notice of policy cancellation of any insurance policy required to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafterbe maintained by Tenant. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) 9.2. All insurance policies required under Paragraph 8.2 (i) hereunder, and all renewals thereof, shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued provided by insurers, licensed a company or companies authorized to do business in Nevada and having a A.M. Best rating of A+ or higher, and shall expressly: (a) provide that such policies shall not be cancelled or altered without thirty (30) days’ prior written notice to the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating GuideCity, (ivb) shall waive subrogation against the City, its officers, agents, servants and employees, (c) provide that they are primary and noncontributing with any insurance which City may carry, (d) include or be endorsed to include Landlord cover Tenant’s contractual liability to the City, (e) be signed by a person authorized by that insurer and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), licensed by the State of Nevada and (vf) shall be endorsed to provide at least 30disclose all deductibles and self- insured retentions in the certificate of insurance. No deductible or self-days prior notification insured retention may exceed $250,000 without the written approval of cancellation or material change in coverage to said additional insuredsthe City.

Appears in 1 contract

Sources: Lease Agreement

Tenant’s Insurance. (ia) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease Lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's ’s operation and use of the leased premisesPremises. (ai) Commercial General Liability insurance including contractual liability coverage, with minimum limits coverages of $1,000,000 5,000,000 per occurrence; $3,000,000 general aggregate occurrence combined single limit for bodily injury, personal injury and property damage, $1,000,000 for products-completed operations coverage, $100,000 fire legal liability, $1,000,000 for personal and advertising injury (which coverage shall not be subject to the contractual liability exclusion), with a $5,000,000 general aggregate limit, for injuries to, or illness or death of, persons and damage to property occurring in or about the Premises or otherwise resulting from Tenant’s operations in the Building or the Industrial Center. The foregoing coverage may be carried in any combination of primary and umbrella coverage. If applicable and required by Landlord, liquor liability coverage shall be included. All such insurance shall be endorsed to include Landlord and Landlord Entities as additional insureds. (bii) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (ciii) Automobile Liability insurance covering all owned, non- owned nonowned, and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (div) Property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then-available standard forms of “special form” (previously known as “all risks of loss to any risk”) insurance policies (including earthquake and flood), covering Tenant’s personal property and trade fixtures in or about the Premises or the Building, and all tenant improvements or betterments (including Alterations) and business personal property on a floor and wall coverings in the Premises, for the full replacement cost basis with no coinsurance penalty provision; value thereof without deduction for depreciation, and Business Interruption Insurance with a limit of liability representing loss of Income insurance covering at least approximately six months of incomeloss of income and continuing expense. Tenant’s property insurance policy shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 8.4 below. If required by Landlord, Pollution Liability Coverage with minimum coverage of $1,000,000 per claim and $2,000,000 annual aggregate, which coverage may be on a “claims-made” basis; provided, however, that Landlord may only require Pollution Liability Coverage if Tenant’s operations are such that Pollution Liability Coverage is customarily required for such operations. Such insurance shall be endorsed to include Landlord and the other Landlord Entities as additional insureds. (iib) The commercial general liability insurance policy provided for in Paragraph 8.2(a)(i) above and, if applicable, the insurance under Paragraph 8.2(a)(v) above, shall specifically include all liability assumed by Tenant under this Lease (provided, however, that such contractual liability coverage shall not limit or be deemed to satisfy Tenant’s indemnity obligations under this Lease) and shall provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Landlord Entities by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. If any of the policies required to be maintained by Tenant under Paragraph 8.2(a) above are subject to deductibles, the deductible amounts shall not exceed amounts reasonably approved in advance in writing by Landlord. (c) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of the required insurance coverages prior to initial occupancy; , and annually thereafterrenewal certificates shall be delivered to Landlord not later than thirty (30) days prior to expiration of the existing certificates. Upon Landlord’s written request, Tenant shall deliver to Landlord a copy of the requested insurance policy itself. (iiid) If, in the opinion of Landlord's ’s insurance advisor, the amount of or scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's ’s advisor deems adequate; provided, however, such increased amounts shall not materially exceed the greater of (a) those amounts normally required for comparable buildings and comparable uses in the vicinity of the Industrial Center or (b) those amounts required to provide Landlord with the same relative protection as the amounts set forth above as of the date of this Lease. (ive) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iiia) shall be issued by insurers, insurers licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's ’s Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), Guide and (vii) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds. All policies shall provide coverage on an “occurrence” rather than a “claims made” basis, unless otherwise expressly provided above.

Appears in 1 contract

Sources: Industrial Lease (Aviragen Therapeutics, Inc.)

Tenant’s Insurance. All personal property and fixtures belonging to Tenant shall be placed and remain on the Premises at Tenant’s sole risk. Effective as of the earlier of: (i1) At its sole cost the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and expensecontinuing throughout the Lease Term, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises.policies: (a) Commercial General Liability with minimum limits Insurance in amounts of no less than $1,000,000 5,000,000 per occurrence; $3,000,000 general aggregate occurrence for bodily injury, personal injury and property damage, $5,000,000 each person or organization for personal and advertising injury, $5,000,000 general aggregate, and $5,000,000 products and completed operations aggregate covering: (A) premises/operations liability,(B) personal and advertising injury liability, (C) independent contractors liability, and (D) broad form contractual liability. Such policy shall: (1) be primary and non­ contributory to any insurance or self insurance maintained by Tenant, Landlord, Landlord’s property management company and Invesco with respect to the use and occupancy of the Premises including all operations conducted thereon; (2) include severability of interests or cross liability provisions; (3) be endorsed to add Landlord, Landlord’s property management company, and Invesco Advisers, Inc. as additional insureds using Insurance Services Office (“ISO”) form CG 20 26 1185 or a substitute equivalent form approved in writing by Landlord; (4) include terrorism coverage up to the full per occurrence and aggregate limits available under the policy; and (5) insure other activities that the Landlord deems necessary, such as insurance for liquor liability. Limits can be satisfied through the maintenance of a combination of primary and umbrella policies. Tenant may maintain such insurance on a multi-location basis provided that the aggregate limits or sublimits on each policy are dedicated to the Premises and thereby not subject to dilution by claims occurring at other locations. Tenant’s independent contractors liability coverage under clause (C) above shall cover the interest of Tenant (and Landlord, as additional insured) but not the interests of independent contractors. Tenant shall carry product liability insurance on a stand alone, claims made policy basis. (b) Workers' Compensation Automobile Liability Insurance covering the ownership, maintenance, and operations of any automobile or automotive equipment, whether such auto is owned, hired, and non-owned. Tenant shall maintain insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident combined single limit for bodily injury and property damage. (d) Property insurance against all risks damage of loss to any tenant improvements or betterments and business personal property on not less than the equivalent of $1,000,000 per accident. Limits can be satisfied through the maintenance of a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit combination of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) umbrella policies. Such insurance shall provide cover Tenant against claims for severability bodily injury, including death resulting therefrom, and damage to the property of interestsothers caused by accident regardless of whether such operations are performed by Tenant, (iii) shall be issued Tenant’s agents, or by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII any one directly or better indirectly employed by Best's Key Rating Guide, (iv) any of them. Tenant’s automobile liability insurance shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designateadd Landlord, as additional insureds (Commercial General Liability only)Landlord’s property management company, and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said Invesco as additional insureds.

Appears in 1 contract

Sources: Office Lease Agreement (KalVista Pharmaceuticals, Inc.)

Tenant’s Insurance. (i) At On or before the Commencement Date, and continuing throughout the entire Term hereof and any other period of occupancy, Tenant agrees to keep in full force and effect, at its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premisesinsurance: (i) Intentionally Deleted. (aii) One (1) year insurance coverage for loss of income and extra expenses in such amounts as will reimburse Landlord for any direct loss of Monthly Base Rent and Additional Rent attributable to any such perils including prevention of access to the Building or any other portion of the Premises as a result of any such perils. Such insurance shall name Landlord and its lender as loss payees solely with respect to Monthly Base Rent and Additional Rent. These limits may be provided by primary insurance or by primary and Excess/Umbrella Liability insurance combined. (iii) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for Insurance or Comprehensive General Liability Insurance (on an occurrence form) insuring bodily injury, personal injury and property damage. damage including the following divisions and extensions of coverage: Premises and Operations; Owners and Contractors protective; blanket contractual liability (b) Workers' Compensation including coverage for Tenant’s indemnity obligations under this Lease); products and completed operations; and liquor liability (if Tenant serves alcohol on the Premises). Such insurance with statutory must have the following minimum limits and Employers Liability with a $1,000,000 per accident limit for of liability: bodily injury or disease. (c) Automobile Liability covering all ownedinjury, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily personal injury and property damage. damage $5,000,000 each occurrence, $10,000,000 in the aggregate, provided that if liability coverage is provided by a Commercial General Liability policy the general aggregate limit shall apply separately and in total to this location only (d) Property insurance against all risks of loss to any tenant improvements or betterments per location general aggregate), and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit provided further, such minimum limits of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver may be adjusted from year to Landlord certificates of all year to reflect increases in coverages as recommended by Landlord’s insurance reflecting evidence of required coverages prior to initial occupancy; carrier as being prudent and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequatecommercially reasonable. (iv) All insurance required under Paragraph 8.2 (i) shall be primary Comprehensive Automobile Liability insuring bodily injury and property damage arising from all owned, non-contributory owned and hired vehicles, if any, with minimum limits of liability of $1,000,000 per accident. (iiv) shall provide for severability Worker’s Compensation as required by the laws of interests, the State. TENANT’S INITIALS LANDLORD’S INITIALS (iiivi) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII Any other form or better by Best's Key Rating Guide, (iv) shall be endorsed to include forms of insurance as Tenant or Landlord and such other persons or entities as any mortgagees of Landlord may reasonably require from time to time designatein form, as additional insureds (Commercial General Liability only)in amounts, and (v) shall for insurance risks against which, a prudent tenant would protect itself, but only to the extent coverage for such risks and amounts are available in the insurance market at commercially acceptable rates. Landlord makes no representation that the limits of liability required to be endorsed carried by Tenant under the terms of this Lease are adequate to provide at least 30-days prior notification of cancellation protect Tenant’s interests and Tenant should obtain such additional insurance or material change in coverage to said additional insuredsincreased liability limits as Tenant deems appropriate.

Appears in 1 contract

Sources: Office and Industrial/Commercial Lease (Input Output Inc)

Tenant’s Insurance. (i) At Tenant, at its sole cost and expense, Tenant shall maintain during the entire Term hereof, shall, commencing with the Commencement Date, procure, pay for and keep in full force and effect effect: (i) a commercial general liability insurance policy (ISO form or equivalent), including insurance against assumed or contractual liability under this Lease with respect to the Premises and the operations of Tenant and any subtenants of Tenant in, on or about the Premises in which the limits with respect to personal liability and property damage shall not be less than Three Million Dollars ($3,000,000) per occurrence on a location basis; (ii) umbrella liability insurance policy in an amount not less than Ten Million Dollars ($10,000,000.00) per occurrence and in the aggregate on terms consistent with the commercial general liability insurance policy required herein, (iii) all risk property insurance including theft and, if applicable, boiler and machinery coverage, written at replacement cost value in an adequate amount to avoid coinsurance and a full replacement cost endorsement insuring the Tenant’s trade fixtures, equipment, merchandise and furnishings and any other items of personal property of Tenant and including the property of Tenant’s customers located on or in the Premises; (iv) workers’ compensation coverage as required by law; (v) with respect to alterations, additions or improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builder’s risk insurance, in amounts reasonably satisfactory to Landlord; and (vi) such other insurance as from time to time may be required by city, county, state or Federal laws, codes, regulations or authorities or which Landlord’s Lender determines is reasonably necessary or appropriate under the circumstances. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. The policy or policies shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an “insured contract” for the performance of Tenant’s indemnity obligations under this Lease. The limits of said insurance required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may, upon ten (10) days prior written notice to Tenant and Tenant’s failure to cure within such ten (10) day period, (but shall not be required to) procure said insurance on Tenant’s behalf and charge the Tenant the premiums payable as Additional Rent. Tenant shall not use the Premises, or allow the Premises to be used, for any purpose which may be prohibited by the form of fire insurance policy required to be carried under this Lease. Tenant shall pay any increase in premiums for casualty and fire (including all risk coverage) insurance that may be charged during the Term of this Lease on the lease the following amount of such insurance coverages insuring against claims which may arise be carried by Landlord on the Premises resulting from Tenant’s particular use thereof (as opposed to office use generally) whether or in connection with not Landlord has consented thereto. In such event, Tenant shall also pay any additional premium on the insurance policy that Landlord may carry for its protection against rent loss through fire or casualty. In determining whether increased premiums are the result of Tenant's operation and ’s particular use of the leased premises. (a) Commercial General Liability with minimum limits Premises, a schedule, issued by the organization setting the insurance rate on the Premises, showing the various components of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injurysuch rate, personal injury shall be conclusive evidence of the several items and property damage. (b) Workers' Compensation charges which make up the casualty and fire insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property rate on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant the Premises. Landlord shall deliver invoices for such additional premiums to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of Tenant at such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities times as Landlord may from time to time designateelect, as additional insureds (Commercial General Liability only)but in no event earlier than the Rent Commencement Date, and (v) Tenant shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insuredsreimburse Landlord therefor as Additional Rent.

Appears in 1 contract

Sources: Lease (Diamond Resorts Parent, LLC)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain insurance complying with all of the following: (a) Tenant shall procure, pay for and keep in full force and effect effect, at all times during the Term Lease Term, the following: (i) Comprehensive general liability insurance insuring Tenant against liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of the lease Leased Premises, the following insurance coverages insuring against claims which may arise Building, the Outside Areas or the Property, or resulting from or in connection with the Tenant's operation and use activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant's Required Liability Coverage (as set forth in Article 1), which insurance shall contain a "broad form liability" endorsement insuring Tenant's performance of the leased premisesTenant's obligations to indemnify Landlord as contained in this Lease. (aii) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury Fire and property damagedamage insurance in so-called "fire and extended coverage" form insuring Tenant against loss from physical damage to Tenant's personal property, inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; (iii) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all laws; and (iv) 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 and with coverage reasonably satisfactory to Landlord. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit Each policy of liability representing loss of at least approximately six months of income. insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(iii) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and non-contributory (ii) shall provide for severability including the total amount of interestsliability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be issued by insurers, licensed in a form satisfactory to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, Landlord; (iv) shall be endorsed carried with companies reasonably acceptable to include Landlord with Best's ratings of at least A and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and XI; (v) shall provide that such policy shall not be endorsed subject to provide cancellation, lapse or change except after at least 30-thirty days prior notification written notice to Landlord, and (vi) shall contain a so-called "severability" or "cross liability" endorsement. Each policy of cancellation property insurance maintained by Tenant with respect to the Leased Premises or material the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change in coverage except after at least thirty days prior written notice to said additional insuredsLandlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, officers, 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 partners, principals, members, officers, employees, agents and contractors.

Appears in 1 contract

Sources: Lease Agreement (Copper Mountain Networks Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord AMB or Landlord’s property management company certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, then within thirty (30) days after Tenant’s receipt of written notice of the opinion of Landlord’s insurance advisor Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Industrial Lease (Abgenix Inc)

Tenant’s Insurance. (ia) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease Lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's ’s operation and use of the leased premisesPremises. (ai) Commercial General Liability insurance with minimum limits of $1,000,000 2,000,000 per occurrence; occurrence and $3,000,000 4,000,000 general aggregate for bodily injury, personal injury injury, and property damage. Such insurance shall be endorsed to include Landlord and Landlord Entities as additional insureds, shall be primary and noncontributory with any Landlord insurance, and shall provide severability of interests between or among insureds. (bii) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (ciii) Automobile Liability liability insurance covering all owned, non- owned nonowned, and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (div) Property insurance against all risks of risks” at least as broad as the current ISO Special Form policy, for loss to any tenant improvements or betterments installed by or for Tenant, floor and wall coverings, and business personal property on a full insurable replacement cost basis with no coinsurance penalty provision; clause, and Business Interruption Insurance with a limit of liability representing loss of Income insurance covering at least approximately six months of incomeloss of income and continuing expense. (iib) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; , and annually thereafter. (iiic) If, in the reasonable opinion of Landlord's ’s insurance advisor, the amount of or scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's ’s advisor deems adequate; provided that such increase is consistent with the requirements of other institutional landlords leasing industrial space in the vicinity of the Premises. (ivd) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, insurers licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's ’s Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), Guide and (vii) Tenant shall be endorsed to provide at least 30-days prior notification of cancellation or material change reduction in coverage to said additional insureds.

Appears in 1 contract

Sources: Industrial Lease (Tenaya Therapeutics, Inc.)

Tenant’s Insurance. (i) At its sole cost Tenant agrees to purchase, in advance, and expense, Tenant shall maintain to carry in full force and effect during the Term of the lease this Lease and any extension thereof, at its sole expense, the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises.insurance: (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (di) Property insurance against all risks of loss to any tenant improvements by fire and other hazards covered by the so-called "all-risk" or betterments and business personal property "special form" policy, on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit in an amount sufficient to avoid application of liability representing loss of at least approximately six months of incomeany co-insurance clause, covering the Building. (ii) Tenant Commercial general liability insurance (on an Insurance Services Office form or equivalent) covering all acts of Tenant, its employees, agents, representatives and guests on or about the Premises, in a combined single limit amount of not less than Three Million and No/100 Dollars ($3,000,000.00), which policy shall deliver include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Liability and Contractual Liability (applying to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafterthis Lease). (iii) IfSuch property insurance on Tenant's own FF&E, in the opinion inventory and other personal property of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage as Tenant determines to such reasonable amounts or scope as Landlord's advisor deems adequatebe appropriate. (iv) All In the event Tenant serves alcohol on the Premises, so-called "dramshop" insurance in an amount consistent with industry standards. Tenant may self insure with respect to plate glass. Where applicable, Tenant may maintain reasonable deductibles on the insurance required under Paragraph 8.2 (iby this Section 13.1. All of Tenant's insurance required to be furnished pursuant to Section 13.1(ii) shall name Landlord as an additional insured to the extent of Tenant's indemnification obligations set forth in Section 14.1. So long as Tenant (and/or the Guarantor, Buffets, Inc., which may be providing the insurance coverages required under this Lease for the benefit of Landlord and Tenant) maintains a net worth of at least $100,000,000, Tenant will not be required to name Landlord as an additional insured on Tenant's property/casualty insurance covering the Building (PROVIDED, that the property/casualty policy permits Tenant to waive subrogation, as provided by this Lease), nor will Tenant be required to name Landlord as loss payee on Tenant's property/casualty insurance covering the Building. If at any time such net worth if less than $100,000,000 or the policy does not permit Tenant to waive subrogation, then Tenant shall name Landlord as an additional insured on such property/casualty insurance covering the Building. If at any time such net worth is less than $100,000,000, then the loss payee on such property/casualty coverage on the Building will be "Landlord and Tenant, as their respective interests may appear." Tenant's property/casualty coverage on the Building will cover the entire Building and be maintained by Tenant throughout the Lease term, for the benefit of both Landlord's and Tenant's interests therein. Tenant's coverages will be primary (and non-contributory (ii) any coverage maintained by Landlord will be secondary and solely for Landlord's benefit, if Landlord elects to maintain any coverages). All of Tenant's insurance shall provide for severability thirty (30) days written notice to Landlord prior to cancellation or non-renewal. Certificates of interests, (iii) all such insurance shall be issued by insurers, licensed delivered to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least thirty (30-) days prior notification to the termination date of cancellation or material change any existing policy and upon written request by Landlord. If Tenant fails to comply with the requests of this Section 13, Landlord may, but shall not be obligated to, obtain such insurance and keep the same in coverage to said additional insuredseffect and Tenant shall pay Landlord the premium therefor upon demand until such time that Tenant conforms with its insurance requirements set forth above.

Appears in 1 contract

Sources: Purchase Agreement (Aei Real Estate Fund Xviii Limited Partnership)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. If required by Landlord, liquor liability coverage will be included. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $$ 1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- non-owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord AMB certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Lease Agreement (Headhunter Net Inc)

Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain insurance complying with all of the following: (a) Tenant shall procure, pay for and keep in full force and effect effect, at all times during the Term Lease Term, the following: (i) Comprehensive general liability insurance insuring Tenant against liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant’s use or occupancy of the lease Leased Premises, the following Building, the Outside Areas or the Property, or resulting from Tenant’s activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant’s Required Liability Coverage (as set forth in Article 1), which insurance coverages shall contain a “broad form liability” endorsement insuring against claims which may arise from or Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in connection with the Tenant's operation and use of the leased premisesthis Lease. (aii) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury Fire and property damagedamage insurance in so-called “fire and extended coverage” form insuring Tenant against loss from physical damage to Tenant’s personal property, inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; (iii) Workers’ compensation insurance and any other employee benefit insurance sufficient to comply with all laws; and (iv) 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 and with coverage reasonably satisfactory to Landlord. (b) Workers' Compensation Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with statutory limits respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(iii) above, name Landlord, and Employers Liability such others as are designated by Landlord, as additional insureds; (ii) shall be primary insurance providing 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 declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord with Best’s ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord, and (vi) shall contain a $1,000,000 per accident limit for bodily injury so-called “severability” or disease“cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, officers, 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 partners, principals, members, officers, employees, agents and contractors. (c) Automobile Liability covering all ownedPrior to the time Tenant or any of its contractors enters the Leased Premises, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying in form satisfactory to Landlord certificates that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of all insurance reflecting evidence any such insurance, the requirements of required coverages this Paragraph must be complied with not less than thirty days prior to initial occupancy; and annually thereafterthe expiration or cancellation of the policies being renewed or replaced. (iii) If, in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds.

Appears in 1 contract

Sources: Lease Agreement (Cardium Therapeutics, Inc.)

Tenant’s Insurance. Tenant shall procure and maintain throughout the Term at Tenant's expense, the following insurance: 14.4.1 Commercial general liability insurance, insuring Tenant against liability arising out of the Lease and the use, occupancy, or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the amount of not less than $5,000,000 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 (or in such amount as Landlord determines in its reasonable discretion). Such policy shall include Products/Completed Operations coverage with an aggregate limit of no less than $2,000,000. Such policy shall insure Tenant's contractual liability (covering the indemnity in Section 14.2) and shall: (i) At name Landlord and its sole cost named principals, property manager and lender as additional insureds, (ii) provide a waiver of subrogation with respect to Landlord, and (iii) provide that it is primary and noncontributing with any insurance in force on behalf of Landlord. 14.4.2 Causes of Loss - Special Form" property insurance (or comparable coverage acceptable to Landlord) insuring against the perils of fire, vandalism and malicious mischief and including extended coverage and coverage against sprinkler leakage. This insurance policy shall be upon all personal property for which Tenant is legally liable or that was installed at Tenant's expense, Tenant shall maintain and that is located in full force and effect during the Term Building or Premises, including without limitation all of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injuryfurnishings, fixtures, furniture, personal injury property and property damage. (b) Workers' Compensation insurance with statutory limits equipment and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a alterations installed in the Premises at Tenant's expense in an amount not less than the full replacement cost thereof on an agreed amount basis with no coinsurance penalty provision; coinsurance. Tenant has been advised that it may be desirable to purchase insurance against risk of loss by earthquake provided that such insurance is available on commercially reasonable terms. Tenant's property insurance policy(ies) shall name Landlord and Business Interruption Insurance with a limit any mortgagees of liability representing Landlord as insured parties, as their respective interests may appear. Tenant acknowledges that Landlord has recommended that Tenant purchase business interruption coverage, covering [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] direct or indirect loss of at least approximately six months Tenant's earnings attributable to Tenant's inability to use fully or obtain access to the Premises or Building. Tenant may elect to purchase such insurance but in any event waives any claim against Landlord from any cause of incomeloss that would be covered by insurance had Tenant purchased such coverage. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of 14.4.3 Worker's Compensation and Employees Liability Insurance as required coverages prior to initial occupancy; and annually thereafterby state law. (iii) If, in the opinion of Landlord's insurance advisor, the 14.4.4 Any other form or amount of scope insurance as Tenant or Landlord or any mortgagees of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may reasonably require from time to time designatein form, as additional insureds (Commercial General Liability only)in amounts and for insurance risks against which a prudent tenant would protect itself. As used in this paragraph, and (v) insurance shall be endorsed deemed to provide at least 30-days prior notification be reasonable if it is of cancellation or material change the type and in coverage such amounts as commercial landlords require in leases in the market area in which the premises are located for premises used for the uses similar to said additional insuredsTenant's.

Appears in 1 contract

Sources: Lease (Nastech Pharmaceutical Co Inc)

Tenant’s Insurance. Tenant shall procure and maintain throughout the Term at Tenant’s expense, the following insurance: 14.4.1 Commercial general liability insurance, insuring Tenant against liability arising out of the Lease and the use, occupancy, or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the amount of not less than $5,000,000 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 (or in such amount as Landlord determines in its reasonable discretion). Such policy shall include Products/Completed Operations coverage with an aggregate limit of no less than $2,000,000. Such policy shall insure Tenant’s contractual liability (covering the indemnity in Section 14.2) and shall: (i) At name Landlord and its sole cost named principals, property manager and lender as additional insureds, (ii) provide a waiver of subrogation with respect to Landlord, and (iii) provide that it is primary and noncontributing with any insurance in force on behalf of Landlord. 14.4.2 “Causes of Loss — Special Form” property insurance (or comparable coverage acceptable to Landlord) insuring against the perils of fire, vandalism and malicious mischief and including extended coverage and coverage against sprinkler leakage. This insurance policy shall be upon all personal property for which Tenant is legally liable or that was installed at Tenant’s expense, Tenant shall maintain and that is located in full force and effect during the Term Building or Premises, including without limitation all of the lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury’s furnishings, fixtures, furniture, personal injury property and property damage. (b) Workers' Compensation insurance with statutory limits equipment and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a alterations installed in the Premises at Tenant’s expense in an amount not less than the full replacement cost thereof on an agreed amount basis with no coinsurance penalty provision; coinsurance. Tenant has been advised that it may be desirable to purchase insurance against risk of loss by earthquake provided that such insurance is available on commercially reasonable terms. Tenant’s property insurance policy(ies) shall name Landlord and Business Interruption Insurance with a limit any mortgagees of liability representing Landlord as insured parties, as their respective interests may appear. Tenant acknowledges that Landlord has recommended that Tenant purchase business interruption coverage, covering [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] direct or indirect loss of at least approximately six months Tenant’s earnings attributable to Tenant’s inability to use fully or obtain access to the Premises or Building. Tenant may elect to purchase such insurance but in any event waives any claim against Landlord from any cause of incomeloss that would be covered by insurance had Tenant purchased such coverage. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of 14.4.3 Worker’s Compensation and Employees Liability Insurance as required coverages prior to initial occupancy; and annually thereafterby state law. (iii) If, in the opinion of Landlord's insurance advisor, the 14.4.4 Any other form or amount of scope insurance as Tenant or Landlord or any mortgagees of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities as Landlord may reasonably require from time to time designatein form, as additional insureds (Commercial General Liability only)in amounts and for insurance risks against which a prudent tenant would protect itself. As used in this paragraph, and (v) insurance shall be endorsed deemed to provide at least 30-days prior notification be reasonable if it is of cancellation or material change the type and in coverage such amounts as commercial landlords require in leases in the market area in which the premises are located for premises used for the uses similar to said additional insuredsTenant’s.

Appears in 1 contract

Sources: Lease Agreement (Nastech Pharmaceutical Co Inc)

Tenant’s Insurance. (ia) At Tenant shall. during the term hereof and any other period of occupancy, at its sole cost and expense, Tenant shall maintain keep in full force and effect during the Term 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, 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 lease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; thereof. In the event that there shall a dispute as to the amount which comprises full replacement cost, the decision of Landlord or any mortgagees of Landlord shall be reasonable and Business Interruption Insurance with a limit of liability representing conclusive. This insurance policy shall also be upon direct or indirect loss of at least approximately six months Tenant's earnings attributable to Tenant's inability to use fully or obtain access to the Premises or Building in an amount as will properly reimburse Tenant. Such policy shall name Landlord and any mortgagees of incomeLandlord as insured parties, 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 deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, be in the opinion of Landlord's insurance advisor, the amount of scope $1,000,000 with a 3,000,000 aggregate limit 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 coverage is deemed inadequate at any time during liability amount to be adjusted from year to year to reflect increases in the TermConsumer Price Index. The policy shall insure the hazards of the Premises and Tenant's Operations thereon, Tenant independent contractors, contractual liability (covering the indemnity contained in Paragraph 20 hereof) and shall increase such coverage to such reasonable amounts or scope (1) name Landlord as Landlord's advisor deems adequate. an additional insured, (iv2) All contain a cross liability provision and (3) contain a provision that the insurance required under Paragraph 8.2 (i) provided the Landlord hereunder shall be primary and non-contributory (ii) shall provide for severability of interests, contributing with any other insurance available to the Landlord. (iii) shall be issued Workmen's Compensation and Employer's Liability insurance (as required by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, law). (iv) shall be endorsed to include Any other form or forms of insurance as Tenant or Landlord and such other persons or entities as any mortgagees of Landlord may from reasonably require tram time to time designatein 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 holding a General Policyholders Rating of "A" and a Financial Rating of "X" or better, as additional insureds set forth in the most current issue of Bests Insurance Guide. Within ten (Commercial General Liability only)10) days after the execution of this Lease, Tenant shall deliver to Landlord copies of policies or certificates evidencing the existence of the amounts and (v) forms of coverage satisfactory to Landlord. No such policy shall be endorsed to provide at least cancellable or reducible in coverage except after thirty (30-) days prior notification written notice to Landlord. Tenant shall, within ten (10) days prior to the expiration of cancellation such policies, furnish Landlord with renewals or material change "binders" thereof, or Landlord may order such insurance and charge the cost thereof to Tenant as additional rent, it Landlord obtains any insurance that is the responsibility of Tenant under this Paragraph, Landlord shall deliver to Tenant a written statement setting forth the cost of any such insurance and showing in coverage to said additional insuredsreasonable detail the manner in which it has been computed.

Appears in 1 contract

Sources: Consent to Sublease (2themart Com Inc)

Tenant’s Insurance. Tenant shall obtain, and shall keep in full force and effect, the following insurance, with insurers that are authorized to do business in the Commonwealth of Massachusetts and are rated at least A (Class X) in Best’s Key Rating Guide: (i) At Commercial General Liability Insurance, which shall include premises liability, contractual liability covering Tenant’s indemnity obligations under this Lease (to the extent covered as an Insured Contract in a standard ISO GCL Policy), fire legal liability, personal & advertising injury and products/completed operations coverage. Policy shall insure against claims for bodily injury, personal injury, death or property damage occurring on, in or about the Premises with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. If the policy covers other locations owned or leased by Tenant, then such policy must include an aggregate limit per location endorsement. (ii) Special Form (“All Risk”) Property, insuring all equipment, trade fixtures, inventory, fixtures and personal property (“Tenant’s Property”) and any Alterations or other Leasehold Improvements which are the responsibility of Tenant, located on or in the Premises with an agreed amount endorsement and equal to the full replacement cost value of such property. (iii) Workers’ Compensation Insurance as required by applicable laws of the State in which the Premises is located, including Employers’ Liability Insurance with limits of not less than: (x) $100,000 per accident; (y) $500,000 disease, policy limit; and (z) $100,000 disease, each employee. (iv) Business Interruption Insurance with limits of not less than the amount necessary to cover continuing expenses including rents and extra expenses for at least one (1) year; provided that if Tenant elects not to carry or self-insure business interruption insurance, Tenant shall not be in Default under the terms of this Lease and Tenant further acknowledges that Landlord is released from any and all liability arising during the Lease Term which would have been covered by business interruption insurance had Tenant carried such insurance. (v) Excess or Umbrella Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and in the aggregate providing coverage excess and follow-form of the primary general and employer’s liability insurances required hereinto. (vi) Such other insurance as Landlord reasonably deems necessary and prudent and requires of tenants in comparable buildings in greater Boston, or as may be required by any Mortgagee (defined below). (vii) In addition to the above aforementioned insurances, and during any such time as any alterations or work is being performed at the Premises (except that work being performed by the Landlord or on behalf of Landlord) Tenant, at its sole cost and expense, Tenant shall maintain in full force carry, or shall cause to be carried and effect during the Term shall deliver to Landlord at least ten (10) days prior to commencement of the lease the following any such alteration or work, evidence of insurance coverages insuring against claims which may arise from or with respects to (a) workers compensation insurance covering all persons employed in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injuryproposed alteration or work in statutory limits, personal injury and property damage. (b) Workers' Compensation insurance general/excess liability insurance, in an amount commensurate with statutory limits the work to be performed but not less than Two Million Dollars ($2,000,000) per occurrence and Employers Liability with a $1,000,000 per accident limit in the aggregate, for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned ongoing and hired vehicles with a $1,000,000 per accident limit for completed operations insuring against bodily injury and property damage. damage and naming all additional insured parties as outlined below and required of Tenant and shall include a waiver of subrogation in favor of such parties, (c) builders risk insurance, to the extent such alterations or work may require, on a completed value form including permission to occupy, covering all physical loss or damages, in an amount and kind reasonable satisfactory to Landlord, and (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) Ifsuch other insurance, in the opinion of such amounts, as Landlord deems reasonably necessary to protect Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business ’s interest in the state in which the Premises are located and which are rated A:VII from any act or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons omission of Tenant’s contactors or entities as Landlord may from time to time designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of cancellation or material change in coverage to said additional insuredssubcontractors.

Appears in 1 contract

Sources: Office Lease Agreement (Karyopharm Therapeutics Inc.)

Tenant’s Insurance. (i) At Tenant shall procure and maintain policies of insurance, at its sole cost and expense, Tenant shall maintain in full force and effect during the entire Term of the lease the following insurance hereof with terms and coverages insuring against claims which may arise from or in connection with the Tenant's operation and use of the leased premises. (a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general aggregate for bodily injury, personal injury and property damage. (b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or disease. (c) Automobile Liability covering all owned, non- owned and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage. (d) Property insurance against all risks of loss to any tenant improvements or betterments and business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income. (ii) Tenant shall deliver companies reasonably satisfactory to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy; and annually thereafter. (iii) If, with such increases in the opinion of Landlord's insurance advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate. (iv) All insurance required under Paragraph 8.2 (i) shall be primary and non-contributory (ii) shall provide for severability of interests, (iii) shall be issued by insurers, licensed to do business in the state in which the Premises are located and which are rated A:VII or better by Best's Key Rating Guide, (iv) shall be endorsed to include Landlord and such other persons or entities limits as Landlord may from time to time designaterequest, but initially Tenant shall maintain the following coverages: (a) Comprehensive or Commercial General Liability insurance, with limits for bodily injury or personal injury to or death of any person, or more than one (1) person, or for damage to property in an amount of not less than $1,000,000.00 per occurrence/$2,000,000.00 general aggregate with a $9,000,000.00 umbrella policy per each occurrence /general aggregate . The Commercial General Liability policy shall include Landlord, Landlord’s management agent, any ground lessor (if applicable), any primary lessor (if applicable), and any Mortgagee designated by Landlord from time to time as additional insureds (collectively “Additional Insureds”) on a primary and non-contributory basis to any insurance carried by the Additional Insureds. (b) Insurance against “all risks” of physical loss for the full insurable replacement value of the initial condition of the Premises (including, without limitation, the Improvements) and all Alterations, and of all furniture, trade fixtures, equipment, merchandise, installations, supplies, and all other items of Tenant’s property on the Premises, including any property of Landlord. Such insurance shall without limitation, include coverage for sprinkler leakage, earthquake, leakage from any window or sill, and all other types of water damage, including bursting, leakage or stoppage of any pipes. During the Term, the proceeds from any such insurance shall be used for the repair or replacement of Tenant’s property. No lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property; Landlord will not carry insurance on Tenant’s property. (c) Worker’s Compensation insurance in amounts required by the State of Florida, including Voluntary Compensation, and Employer’s Liability insurance in an amount not less than $1,000,000.00 each accident / each employee / policy limit, with the insurance policies required under this clause (c) to be endorsed to waive the insurance carriers’ right of subrogation. If workers’ compensation insurance is not required by law, Tenant shall maintain supplemental accident, medical and income replacement programs or coverages for all employees as may be required to “opt out” of workers’ compensation insurance requirements. (d) Automobile Liability insurance with limits for bodily injury or personal injury to or death of any person, or more than one (1) person, or for damage to property in an amount of not less than $1,000,000.00 combined single limit, including Employer’s Owned, Non-Owned and Hired Car coverage. (e) Business interruption insurance (which will insure payment of Tenant’s Rent obligations hereunder for at least twelve (12) months). (f) Liquor Liability in an amount not less than $1,000,000.00 per occurrence and $1,000,000.00 in the annual aggregate if Tenant is in the business of serving and/or distributing alcohol for sale. The Additional Insureds will be added as additional insureds under the policy on a primary and non-contributory basis. (g) Umbrella/Excess liability in an amount not less than $3,000,000 per occurrence and $3,000,000.00 in the aggregate. Coverage will follow form to underlying Commercial General Liability, Employer’s Liability, Automobile Liability only), and (vif applicable) shall Liquor Liability. In addition, such policy must be endorsed to provide at least 30that this insurance is primary to, and non-days prior notification of cancellation contributory with, any other insurance in which the Additional Insureds are an insured, whether such other insurance is primary, excess, self-insurance, or material change in insurance on any other basis. The policy must cause the umbrella/excess coverage to said additional insuredsbe vertically exhausted, whereby such coverage is not subject to any “Other Insurance” provision under Tenant’s umbrella/excess liability policy. The limits of liability may be satisfied by a combination of primary and excess liability insurance.

Appears in 1 contract

Sources: Industrial Building Lease (Apyx Medical Corp)