Common use of Tenant’s Insurance Clause in Contracts

Tenant’s Insurance. (a) Tenant covenants to provide, on or before the Commencement Date, a comprehensive policy of general liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 2 contracts

Samples: Lease Agreement (Infocrossing Inc), Lease Agreement (Computer Outsourcing Services Inc)

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Tenant’s Insurance. (a) Tenant covenants to provideSECTION 8.01. Tenant, on or before the Commencement Dateat its sole expense, a comprehensive policy of general shall maintain liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against any with liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is limits for injury to be written by an insurance company qualified to do business in the State persons of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Two Million and 00/100 ($3,000,000.002,000,000.00) Dollars in respect of any one person, in respect of any one accidentper person and Two Million and 00/100 ($2,000,000.00) Dollars per occurrence, and in respect for injury to property of property damagenot less than One Million and 00/100 ($1,000,000.00) Dollars per occurrence, insuring against all liability arising out of the use or occupancy of the Demised Premises. Said limits All such insurance shall be subject to periodic reviewinsure performance by Tenant of the indemnity provisions of Article XV and shall name Landlord, Tenant and Landlord reserves the right to increase said coverage limits if, such other persons with an interest in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in Building as Landlord shall designate as the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforinsureds. (b) SECTION 8.02. Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard as to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein, and such breach shall constitute an Event of Default, unless Tenant cures such breach within the applicable grace period provided in Article XVIII. SECTION 8.03. Tenant shall insure the improvements on the property in an amount equal to the full replacement value of the improvements. Such replacement value shall be determined from time to time but not more frequently than once in any one sixty (60) consecutive calendar months at the request of Landlord by an appraiser, architect or contractor who shall be mutually and reasonably acceptable to Landlord and Tenant. A. Insurance proceeds shall be held in an interest bearing account maintained by the attorneys for Landlord and Tenant or if Tenant's Mortgagee so requires, then such insurance proceeds shall be held by Tenant's Mortgagee, The proceeds shall first be used to pay Tenant's mortgage, if Tenant's Mortgagee so elects, and the balance shall be used to construct or reconstruct buildings or improvements having value substantially equivalent to or greater than the value of the building(s) or improvement(s) damaged or destroyed. Tenant shall be responsible to provide any additional funds above available insurance proceeds to complete the reconstruction. Progress payments for reconstruction shall be paid to Tenant upon the written request of Tenant which shall be accompanied by reasonable evidence signed by Tenant, or the executive officer of Tenant, or by the architect or engineer in charge of such construction, dated not more than thirty (30) days prior to such request, setting forth the following: B. That the sum then requested either has been paid by Tenant, or is justly due to contractors, subcontractors, material men, engineers, architects or other persons who have rendered services or furnished materials for the restoration therein specified, and giving a brief description of such services and materials and the several amounts so paid or due to each of said persons in respect thereof, and stating that no part of such expenditures has been or is being made the basis, in any previous or then pending request, for the payment of such monies or has been made out of the proceeds of such monies received by Tenant, and that the sum then requested does not exceed the value of the services and materials described in the certificate. C. That except for the amount, if any, stated pursuant to the foregoing sub clause A in such certificate to be due for services and materials, there is no outstanding indebtedness shown on Tenant's books or known to the person signing such certificate, after due inquiry, for which payment was made under any prior requisition for labor, wages, materials, supplies or services in connection with such construction work, which if unpaid, might become the basis of a vendor's, mechanics, laborer's or material men's statutory or similar lien upon such construction or upon the Demised Premises or any part thereof. D. An official search of the public records or a search of a title insurance company doing business in the State of New Jersey showing that there has not been filed with respect to the Demised Premises, or any part thereof, any vendor's mechanic's, laborer's, material men's or like lien, which has not been discharged or record, except such as will be discharged by payment of the amount then requested. E. If the net money as aforesaid at the time held by the attorneys for Landlord and Tenant, or Tenant's mortgagee, as the case may be, shall be insufficient to pay the entire cost of such construction, Tenant shall pay the deficiency. If, on the other hand, there are any surplus funds held by such attorneys or mortgagee, as the case may be, after payment of all costs of restoration, such funds shall be paid over to Tenant. SECTION 8.04. All insurance required under this Lease shall be issued by insurance companies of recognized responsibility which are authorized to do business in the State, having a Best Rating of B+ or

Appears in 2 contracts

Samples: Lease (Yardville National Bancorp), Lease (Yardville National Bancorp)

Tenant’s Insurance. (a) Tenant covenants shall maintain at its sole cost and expense (i) insurance against fire and such other perils as may be included in so-called "fire and special extended coverage" insurance on the Leasehold Improvements and Tenant's Property in an amount adequate to providecover their replacement cost; and (ii) comprehensive general liability insurance on an all-occurrence basis with limits of liability in an amount not less than $2,000,000 combined single limit for each occurrence with respect to loss of life, on bodily or personal injury and damage to property. All such insurance shall be issued by insurers approved by Landlord and authorized to do business in Georgia, shall name Landlord as an additional insured, shall provide for a deductible not greater than $1,000.00 from any loss payable, shall contain appropriate endorsements denying Tenant's insurers the right of subrogation against Landlord, and shall contain a provision whereby each insurer agrees not to cancel such insurance without 30 days' prior written notice to Landlord. On or before the Commencement DateDate Tenant shall furnish Landlord with a certificate evidencing the aforesaid insurance coverage, a comprehensive and renewal certificates shall be furnished to Landlord at least 30 days prior to the expiration date of each policy or policies of general liability such insurance. (b) If during the Term insurance naming premiums on any insurance policy carried by Landlord on the Building or the Premises are increased due to or resulting from Tenant's occupancy hereunder, Tenant shall pay to Landlord as an additional named insured, insuring Additional Rent the amount of such increase in insurance premiums. Any amount payable by Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy hereunder shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject paid to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for within ten (10) days written after notice to Tenant accompanied by certified the premium notice or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof other evidence of the payment of the premium thereforamount due. (bc) Tenant covenants Landlord shall maintain commercially reasonable (i) insurance against fire and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property such other perils on the Building; and fixtures and any other items which Tenant may bring to (ii) comprehensive general liability insurance on the Premises which Building. Such insurance may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by maintained through a blanket policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability if insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 2 contracts

Samples: Sublease Agreement (Accord Networks LTD), Sublease Agreement (Accord Networks LTD)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on or before at Tenant’s expense, obtain and keep in force during the Commencement Dateterm of this Lease, a comprehensive policy of commercial general liability insurance naming Landlord as an additional named insured, policy insuring Tenant and protecting Landlord and the Landlord Entities against any liability commonly insured to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and occasioned by accident resulting from any act property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or omission on or about maintenance of the Leased Premises and any appurtenances all areas appurtenant thereto. Such insurance shall be a combined single limit policy is to in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLAR ($2,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlordnamed as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be with limits primary, not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentcontributing with, and not in respect excess of property damagecoverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term of this Lease to the extent insurable. Said The limits of said insurance shall be subject to periodic reviewnot limit any liability of Tenant hereunder. Not more frequently than every year, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and the amount of liability insurance required hereunder is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policynot adequate, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforpromptly increase said insurance coverage as required by Landlord. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Puma Biotechnology, Inc.)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on or before at Tenant's expense, obtain and keep in force during the Commencement Dateterm of this Lease, a comprehensive policy of commercial general liability insurance naming Landlord as an additional named insured, policy insuring Tenant and protecting Landlord and the Landlord Entities against any liability commonly insured to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and occasioned by accident resulting from any act property damage, personal injury, contractual liability, completed operations, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or omission on or about maintenance of the Leased Premises and any appurtenances all areas appurtenant thereto. Such insurance shall be a combined single limit policy is to in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLAR ($2,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlordnamed as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be with limits primary, not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentcontributing with, and not in respect excess of property damage. Said limits coverage which Landlord may carry; shall be subject to periodic review, and Landlord reserves provide for severability of interest; shall provide that an act or omission of one of the right to increase said insured or additional insureds which would void or otherwise reduce coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified not void or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior reduce coverages as to the expiration other insured or termination date additional insureds; and shall afford coverage after the term of any policythis Lease (by separate policy or extension if necessary) for all claims based on acts, Tenant shall deliver a renewal omissions, injury or replacement policy with proof damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the payment term of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should The limits of said insurance shall not limit any liability of Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinhereunder.

Appears in 2 contracts

Samples: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on or before at Tenant’s expense, obtain and keep in force during the Commencement Dateterm of this Lease, a comprehensive policy of commercial general liability insurance naming Landlord as policy, written on an additional named insuredoccurrence basis, insuring Tenant and protecting Landlord and the Landlord Entities against any liability commonly insured to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and occasioned by accident resulting from any act property damage, personal injury, contractual liability, completed operations, products liability, owned and non-owned automobile liability arising out of the use, occupancy or omission on or about maintenance of the Leased Premises and any appurtenances all areas appurtenant thereto. Such insurance shall be a combined single limit policy is to in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLARS ($2,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlordnamed as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease (subject to standard policy exceptions and exclusions); shall be with limits primary, not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentcontributing with, and not in respect excess of property damagecoverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds. Said The limits of said insurance shall be subject to periodic reviewnot limit any liability of Tenant hereunder. Not more frequently than every year, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and the amount of liability insurance required hereunder is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policynot adequate, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforpromptly increase said insurance coverage as reasonably required by Landlord. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 2 contracts

Samples: Office Lease (Tobira Therapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.)

Tenant’s Insurance. (a) 7.1 The Tenant covenants that nothing will be done or omitted by the Tenant whereby any insurance policy may be canceled or the Leased Assets rendered uninsurable. 7.2 The Tenant shall, at its own expense, during the term of this Lease, take out and keep in force comprehensive public liability and property damage insurance for the mutual benefit of the Landlord and the Tenant against all claims for personal injury, death, or property damage no matter how occurring about the Leased Assets to providea limit, per any one occurrence or claim, not less than the limit, per any one occurrence or claim, under Landlord’s comparable insurance policy covering the Leased Assets in effect prior to the commencement of the term of the Lease. 7.3 The Tenant renounces any claim to any indemnity or diminution of rent for such damages to or loss, theft, or destruction of Tenant’s property. If any portion of the Leased Assets is damaged or destroyed as a result of a break-in attempt in the Property, the Tenant’s insurance policies shall be called in to cover Landlord’s claim and the Tenant to be responsible for any deductible. 7.4 Certificates of such insurance shall be delivered to the Landlord as well as evidence of renewal or replacement if any at least thirty (30) days prior to the date fixed for cancellation or expiration of any policies. The Tenant shall not alter this policy through any endorsement without the prior written consent of the Landlord. Failing so the Landlord may, if it chooses, without any demand, notice or advice whatsoever, renew or replace such policy or policies at the Tenant’s expense without any prejudice to any other rights and recourses of the Landlord herein or by law provided, through any insurance broker or insurance company of its choice. 7.5 Such insurance shall be contracted with insurers and in conformity with terms satisfactory to the Landlord and pursuant to which the Landlord shall be designated as an additional insured on or before the Commencement Date, a comprehensive policy of general liability insurance naming Landlord as an additional named insured, insuring policy. 7.6 The Tenant hereby agrees and Landlord against any liability commonly insured against and occasioned by accident resulting understands that the placing of such insurance shall in no way relieve the Tenant from any act obligation assumed under this Lease. 7.7 The Tenant shall obtain from the insurers under such policies, undertakings to notify the Landlord in writing at least thirty (30) days prior to any cancellation or omission on expiration thereof. Should the Tenant fail to contract or about maintain the Premises and any appurtenances thereto. Such policy is insurance required by the present Lease, or should the Tenant fail to be written by an provide the insurance company qualified certificates to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate the Landlord may after providing Tenant notice of deficiency and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice to correct same, from time to time, contract insurance policies, for the Tenant’s or for its own benefit or for both their benefits, for a period which the Landlord deems appropriate; all premiums paid by certified or registered mail, return receipt requested, to the Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an recovered from the Tenant, on demand, as additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinrent.

Appears in 2 contracts

Samples: Lease Agreement (Harris Stratex Networks, Inc.), Lease Agreement (Harris Stratex Networks, Inc.)

Tenant’s Insurance. (a) 13.1 Tenant covenants agrees, at its sole cost, to provide, on or before carry and keep in full force and effect at all times during the Commencement Dateterm of this Lease, a comprehensive policy of general liability policy with a single limit of at least Ten Million Dollars ($10,000,000.00), including coverage for bodily injury, property damage, contractual liability for this Lease and personal injury liability. Tenant's comprehensive general liability insurance policy and certificates evidencing such insurance shall name Landlord and its property manager of the Complex as additional insureds and shall also contain a provision by which the insurer agrees that such policy shall not be canceled except after sixty (60) days written notice to Landlord. Any liability insurance carried or to be carried by Tenant hereunder shall be primary over any policy that might be carried by Landlord. If Tenant shall fail to obtain or maintain such insurance, Landlord may obtain, after providing written notice to Tenant with a thirty (30) day opportunity to cure, such insurance on Tenant's behalf and the cost shall be deemed additional rent and shall be payable upon Landlord's demand. 13.2 Tenant shall obtain All Risk property insurance, including flood and earthquake insurance, insuring against loss to the Demised Premises (including any improvements thereon). Such insurance shall be in the form and amount reasonably satisfactory to Landlord, and Tenant shall, when requested from time to time by Landlord, provide Landlord with evidence of such insurance. Such insurance shall contain waiver of subrogation provisions in favor of Landlord and its agents. 13.3 Tenant agrees to carry and keep in full force and effect at all times during the term of this Lease, at its sole cost, Worker's Compensation and Employer's Liability insurance, with a minimum Employer's Liability limit of $1,000,000 each occurrence. 13.4 At the request of Landlord, Tenant shall obtain business interruption insurance naming Landlord as an additional named insuredloss payee, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an which insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed an amount sufficient to have breached its covenants as set forth hereinpay all rent due hereunder.

Appears in 2 contracts

Samples: Office Lease (Manor Care Inc/New), Office Lease (Choice Hotels Holdings Inc)

Tenant’s Insurance. The Tenant shall maintain during the Term (ai) all risks insurance upon property owned by the Tenant covenants or for which it is liable (including glass) and which is located on the Premises including, without limitation, furniture fittings, installations, alterations, additions, partitions and fixtures or anything in the nature of a leasehold improvement made or installed by or on behalf of the Tenant in an amount equal to provide, on or before the Commencement Date, a full replacement cost thereof; (ii) comprehensive policy of general liability insurance naming Landlord as an additional named insuredagainst claims for death, insuring Tenant personal injury and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on property damage in or about the Premises in amounts satisfactory from time to time to the Landlord acting reasonably but in any event in an amount not less than $5,000,000.00 per occurrence for personal injury and any appurtenances theretoproperty damage; (iii) tenant's legal liability insurance for limits satisfactory from time to time to the Landlord acting reasonably; (iv) Business interruption insurance; and (v) such other insurance as Landlord may from time to time require. Such Each such policy is shall be in form and with insurers acceptable to be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy insurance described in paragraphs (i) and (ii) above shall be with limits not less than Three Million ($3,000,000.00) Dollars name the Landlord and anyone designated in respect of any one person, in respect of any one accident, writing by the Landlord as Mortgagee as additional insureds as their interests may appear. All property damage and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy public liability insurance shall contain a provision for ten cross-liability or severability of interest as between the Landlord and the Tenant. The Tenant hereby releases the Landlord from any liability for loss to the extent of all insurance proceeds under policies of insurance carried by the Tenant or which would have been paid if the Tenant had maintained the insurance it is required to maintain under this Lease. Such policies shall contain an endorsement requiring the insurers under such policies to notify the Landlord in writing at least thirty (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (1030) days prior to the expiration any material change or termination date of any policy, cancellation thereof. The Tenant shall deliver a renewal or replacement policy with proof furnish to the Landlord certified copies of all such policies for its acceptance, as aforesaid, and shall provide written evidence of the payment continuation of such policies not less than ten days prior to their respective expiry dates. The cost or premium for each and every such policy shall be paid by the Tenant. If the Tenant fails to maintain such insurance, the Landlord shall have the right, but not the obligation or any liability to do so, to pay the cost or premium therefor. (b) , and in such event the Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring shall repay to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to , as Additional Rent, forthwith on demand the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinamount so paid.

Appears in 2 contracts

Samples: Lease Agreement (SMTC Corp), Lease Agreement (SMTC Corp)

Tenant’s Insurance. At all times during the Term, Tenant shall keep in force at its own expense, with insurance carrier(s) having an A.M. Best rating or its equivalent of A-VIII or better, the following: · Special Form Cause of Loss Policy insuring an amount equal to at least the 100% full replacement cost of Tenant’s betterments, improvements, fixtures, furniture, inventory, equipment (including HVAC systems servicing the Demised Premises) and all other items of personal property of Tenant whether or not located on or within the Demised Premises. The deductible shall not exceed $1,000.00. · Commercial general liability insurance form insuring the Demised Premises, and any other portions of the Shopping Center used by Tenant, with limits no less than $1,000,000.00 per occurrence and $2,000,000.00 general aggregate with respect to bodily injury and property damage, including contractual liability, and $200,000.00 with respect to damage to property (fire legal liability). If Tenant sells alcoholic beverages for on-premises consumption, Tenant must have no less than $1,000,000.00 of liquor liability insurance. The aggregate limit may be satisfied through a combination of primary and umbrella/excess liability insurance. If Tenant has multiple locations, such insurance shall also provide that the general aggregate limits apply separately to each insured location. Tenant will name Landlord as “Additional Insured” and include (a) Tenant covenants an endorsement to provide, on or before the Commencement Date, a comprehensive policy of general liability insurance naming effect that the insurer agrees to notify Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million thirty ($3,000,000.0030) Dollars days in respect advance of any one personmodification or cancellation thereof; (b) an endorsement providing that such insurance affords Landlord primary insurance coverage and that any other insurance maintained by Landlord is excess and non contributory with the insurance required herein; and (3) a waiver of subrogation endorsement. Claims-made coverage and insurance policies containing self-insured retention(s) are NOT ACCEPTABLE. Tenant agrees that it will not keep, use, sell or offer for sale in respect of or upon the Demised Premises any one accident, and in respect article which may be prohibited by the standard form of property damageinsurance. Said limits shall be subject Tenant agrees to periodic reviewpay, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for on ten (10) days written notice demand, and as Additional Rent, any increase in Landlord’s premiums for property and liability insurance, boiler and loss of rents that may be charged during the term of this lease as a result of such actions. · Tenant shall require any contractor performing work on the Demised Premises to carry and maintain, at no expense to the Landlord: comprehensive general liability insurance, including contractor's liability coverage, contractual liability coverage, broad form property damage endorsement and contractor’s protective liability coverage, providing protection with limits not less than $2,000,000.00 per occurrence; and workers compensation or similar insurance in amounts required by certified or registered mail, return receipt requested, Governing Law. Tenant shall provide evidence of contractor’s coverage prior to any Tenant Work being performed in the Demised Premises to: axxxxxxx@xxxxxxxxxxxxxx.xxx · Tenant will furnish to Landlord copies of any change or modification evidence of said policy. At least ten property coverage (10Axxxx 28) days prior to the expiration or termination date and Certificate of any policyLiability Insurance (Axxxx 25) evidencing coverages required by this Lease, Tenant shall deliver a renewal or replacement policy with proof and evidence of the payment of the premium therefor. (b) premiums therefore as Landlord may request. Evidence of coverage must be sent to: PXXXXXXXX@XXXXXXXXXXXX.XXX or to: Pxxxxxxx Xxxxxx Risk Management, a division of Nxxxx Lxxxxx, 4000 Xxxxx Xxxx, Suite 400, Cincinnati, Ohio 45209. Landlord shall have no obligation to deliver the Demised Premises to Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to until it has received evidence of the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the coverage required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 2 contracts

Samples: Lease Agreement (La Rosa Holdings Corp.), Lease Agreement (La Rosa Holdings Corp.)

Tenant’s Insurance. (a) Tenant covenants to providewill maintain the following policy or policies of insurance, on or before the Commencement Dateat its expense, a comprehensive policy of general liability insurance insuring Tenant and naming Landlord as an additional named insured: (i) special form (formerly known as all risk) property insurance on all of its personal property, insuring Tenant including removable trade fixtures and Landlord against any leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability commonly insured against insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and occasioned by accident resulting from any act or omission on the Property, with the premiums thereon fully paid on or about before the Premises due date, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and any appurtenances theretoslander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Such policy is Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual liability of Tenant to be written by indemnify Landlord hereunder and shall have deductibles in an insurance company qualified to do business in the State of New Jersey amount reasonably satisfactory to Landlord. The policy Prior to Tenant’s taking possession of the Premises, Tenant shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, furnish evidence satisfactory to Landlord of any change the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or modification expiration of said policysuch insurance policies. At In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least ten thirty (1030) days prior to the expiration or termination date of any each expiring policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy obtaining of insurance covering all risks with no deductible which policy shall specifically provide for not be deemed to be a waiver of subrogation for Tenant’s default hereunder). The cost to Landlord and all Building tenants without regard of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinAdditional Rent upon demand.

Appears in 2 contracts

Samples: Office Lease Agreement (Great White Energy Services, Inc.), Office Lease Agreement (Diamondback Energy Services, Inc.)

Tenant’s Insurance. At all times Tenant shall keep in full force and effect a policy of comprehensive public liability and property damage (awith respect to Tenant’s property and any improvements to the Building made by Tenant but not as to the Building itself) Tenant covenants insurance with respect to providethe Demised Premises, in such limits as may be reasonably required from time to time by Landlord. The limits of public liability insurance on or before the Commencement DateDate shall be not less than $3,000,000 for death or injury to any number of persons or for property damage, a comprehensive for each occurrence. In no event shall the limits of any coverage maintained by Tenant pursuant to this Section 11.1 be considered as limiting Tenant’s liability under this Lease. The property damage policy shall name Landlord, any person, firms or corporations (including, without being limited to, any mortgagee or lessor of general Landlord) designated by Landlord and Tenant as insureds to the extent their interests may appear. The liability insurance naming policies, which shall name the Landlord as an additional named insured, insuring Tenant shall include blanket contractual liability coverage which insures contractual liability under the indemnifications set forth in Section 11.2 hereof and shall contain a clause that the insurer will not cancel or change the insurance without first giving Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto30 days prior written notice. Such policy is to The insurance shall be written by an insurance company company, licensed and qualified to do business in the State of New Jersey in which the Property is located, which is reasonably satisfactory acceptable to Landlord. The An original copy of the policy or a certificate of insurance shall be with limits delivered to Landlord upon the execution and delivery of this Lease and replacement certificates shall be delivered not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policythen existing coverage. The insurance which Tenant is required to maintain in force and effect under this Section 11.1 shall be primary insurance as respects Landlord (and any other additional insureds designated by Landlord) and not excess over or contributory with any other available insurance. Certificates of insurance evidencing the liability insurance coverage required under this Section 11.1 shall contain an endorsement to such effect. In addition, at all times during the Term hereof, Tenant shall deliver a renewal or replacement policy procure and maintain Worker’s Compensation Insurance in accordance with proof the laws of the payment of State in which the premium thereforProperty is located. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 2 contracts

Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

Tenant’s Insurance. Tenant shall maintain at all times during the Term (a) “all risk” property insurance covering all present and future Tenant’s Property and Fixtures to a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment in the Premises, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as loss payees as their interests may appear, with limits of not less than the full replacement cost thereof, with an agreed amount endorsement, and (d) when Alterations are in process, the insurance specified in Section 4.02(f) hereof. The limits of such insurance shall not limit the liability of Tenant. Tenant covenants shall deliver to provideLandlord and any additional insureds, on or before at least 10 days prior to the Commencement Date, a comprehensive policy such fully paid-for policies or certificates of general liability insurance, in form reasonably satisfactory to Landlord issued by the insurance naming company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances theretoadditional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. Such policy is to All such policies shall be written issued by an insurance company qualified companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/VIII or better or the State then equivalent of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentsuch rating, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy all such policies shall contain a provision for ten (10) whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice by certified of such cancellation, lapse or registered mailmodification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, return receipt requested, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants loss and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises instruments which may be subject required to recover any claim for damages or destruction due such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein’s interest.

Appears in 2 contracts

Samples: Lease (Y-mAbs Therapeutics, Inc.), Lease (Y-mAbs Therapeutics, Inc.)

Tenant’s Insurance. Tenant agrees to maintain in full force and effect at all times during the Term, at its sole cost and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the following coverages: (ai) Tenant covenants to provide, on or before the Commencement Date, a comprehensive policy of Commercial general liability insurance naming Landlord as in an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits amount not less than Three Million Dollars ($3,000,000.003,000,000) combined single limit for both bodily injury and property damage, with a limit of not less than One Million Dollars ($1,000,000) per occurrence and not less than Two Million Dollars ($2,000,000) in respect of any one personexcess liability coverage, in respect of any one accidentwhich includes blanket contractual liability broad form property damage, personal injury, completed operations, and in respect of property damage. Said limits products liability, which policy shall be subject to periodic review, name Landlord and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate 's Agents as additional insureds and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, that "the insurance provided Landlord hereunder shall be primary and non-contributing with any other insurance available to Landlord with respect to any damage, loss, liability or expense covered by Tenant's indemnity obligations under PARAGRAPH 21.A of any change the Lease." (ii) Causes of loss-special form property insurance (including, without limitation, vandalism, malicious mischief, inflation endorsement, and sprinkler leakage endorsement) on Tenant's Personal Property located on or modification in the Premises. Such insurance shall be in the full amount of said policythe replacement cost, as the same may from time to time increase as a result of inflation or otherwise. At least ten (10) days prior to As long as this Lease is in effect, the expiration or termination date proceeds of any policysuch policy shall be used for the repair and replacement of such items so insured. Landlord shall have no interest in the insurance proceeds on Tenant's Personal Property. Notwithstanding the foregoing, Tenant shall deliver a renewal have the right, at its election, to self-insure with respect to any loss or replacement policy with proof of the payment of the premium therefordamage to Tenant's Personal Property. (biii) Tenant covenants Boiler and representsmachinery insurance, said representation being specifically designed including steam pipes, pressure pipes, condensation return pipes and other pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in an amount satisfactory to induce Landlord to execute this Lease, that Tenant's personal property Landlord. (iv) Workers compensation insurance in the manner and fixtures and any other items which Tenant may bring to the Premises which extent required by applicable law and with limits of liability not less than the minimum required under applicable law, covering all employees of Tenant having any duties or responsibilities in or about the Premises. Any policy required to be maintained by Tenant under this Lease may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by maintained under a policy so-called "blanket policy" insuring other parties and/or other locations, so long as the amount of insurance covering all risks with no deductible which policy shall specifically provide for a waiver and type of subrogation for Landlord and all Building tenants without regard coverage required to whether be provided hereunder is not thereby diminished, changed or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinadversely affected.

Appears in 2 contracts

Samples: Lease Agreement (Broadvision Inc), Lease Agreement (Broadvision Inc)

Tenant’s Insurance. (a) Tenant covenants to provide26.1. Tenant, on or before the Commencement Date, a comprehensive policy of general liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified at its own expense will maintain with admitted insurers authorized to do business in the State of New Jersey and which are rated “A+/XIV” or equivalent in Best’s Key Rating Guide, or any successor thereto (or if there is none, a rating organization having a national reputation) commercial general liability (in the broadest form then available in New Jersey) against claims for bodily injury, personal injury, death or property damage occurring on, in or about the Premises or as a result of ownership of facilities located on the Premises in amounts not less than $5,000,000.00 per occurrence/aggregate for bodily injury, personal injury or death, $5,000,000.00 with respect to any one occurrence, and $3,000,000.00 with respect to all claims for property damage with respect to any one occurrence with an aggregate of $3,000,000.00. From time to time during the Term such limits shall be increased to the prevailing level customarily carried with respect to similar properties in Somerset County, New Jersey and the surrounding area. Tenant shall be responsible to maintain casualty insurance on all of its goods, personal property or effects, including removable trade fixtures located in the Premises. 26.2. The policy of insurance required to be maintained by Tenant pursuant to Section 26.1 shall name as the insured parties Landlord, Tenant, Landlord’s managing agent, and any mortgagee of Landlord, shall be reasonably satisfactory to Landlord. The policy Landlord and shall (a) provide for the benefit of such holder or holders, that thirty (30) days’ prior written notice of suspension, cancellation, termination, modification, non renewal or lapse or material change of coverage shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, given to all insured parties and in respect of property damage. Said limits that such insurance shall be subject given to periodic reviewall insured parties and that such insurance shall not be invalidated by any act or neglect of Landlord or Tenant or any owner of the Premises, and Landlord reserves nor by any foreclosure or other proceedings or notices thereof relating to the right to increase said coverage limits ifPremises or any interest therein, in nor by occupation of the reasonable opinion of LandlordPremises for purposes more hazardous than are permitted by such policy, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall (b) not contain a provision relieving the insurer thereunder of liability for ten any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not, and, (10c) include a contractual liability endorsement evidencing coverage of Tenant’s obligation to indemnify Landlord pursuant to Section 25 hereof. 26.3. Within five (5) days written notice by certified or registered mailafter the commencement of the Term, return receipt requested, Tenant shall deliver to Landlord original or duplicate policies or certificates of any change or modification the insurers evidencing all the insurance which is required to be maintained hereunder by Tenant certifying that all requirements set forth herein have been complied with (including, without limitation, a waiver of said policy. At least ten each insurer’s rights of subrogation pursuant to Section 19.1, the naming of the insureds required hereunder and the obligation of each insurer to give the notice required hereunder) and, within thirty (1030) days prior to the expiration or termination date of any policysuch insurance, Tenant shall deliver a other original or duplicate policies or certificates evidencing the renewal of such insurance. 26.4. Landlord shall, as part of Operating Expenses, obtain any and all insurance coverage it deems necessary or replacement policy appropriate in connection with proof the use and operation of the payment of the premium therefor. (b) Tenant covenants and representsProperty, said representation being specifically designed to induce Landlord to execute this Leasewhich shall include, that Tenant's personal property and fixtures but need not be limited to, fire, liability and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether other insurance as Landlord or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver any mortgagee of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinmay require.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Aptalis Holdings Inc.)

Tenant’s Insurance. During the Term Tenant shall maintain at its own expense: (a) Tenant covenants In the event Landlord does not maintain insurance pursuant to provideSection 5.1 hereof, insurance on or before the Commencement Date, a comprehensive policy of general liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business all property and interest of Landlord in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be Premises Including without limitation, Leasehold Improvements, with limits not less than Three Million ($3,000,000.00) Dollars coverage and in respect of any one person, in respect of any one accident, amounts and in respect of property damage. Said limits all perils including risks which are from time to time designated by Landlord, and which reflect Landlord as the named insured and provide that any proceeds recoverable in the event of loss shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, payable to Landlord of any change or modification of said policy. At least ten (10) days prior to rebuild the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor.Premises; (b) Tenant covenants comprehensive general public liability insurance (including bodily injury, death and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring damage) on an occurrence basis with respect to the business carried on or in or from the Premises and Tenant’s use and occupancy thereof, which may be subject to any claim for damages or destruction due to Landlord's negligence insurance shall be fully insured by contain a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord cross liability clause, and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming include Landlord as an additional a named insured and shall protect Landlord in respect of claims by or through Tenant as if Landlord was separately insured, then Tenant shall be in default hereunder ; and shall be deemed for not less than $5,000,000 inclusive limits for personal injury or property damage in respect of each occurrence, or such higher limits as Landlord’s insurance broker may reasonably require from time to time; (c) insurance in respect of fire and other perils as are from time to time defined in the usual endorsement covering Tenant’s Property and such Leasehold Improvements (if any) as Landlord may have breached elected not to insure Tenant or not to require to insure pursuant to 5,2(a) hereof, which insurance shall include Landlord as a named insured as its covenants interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to Landlord (but Landlord agrees to make available such proceeds towards the repair or replacement of the insured property if this Lease is not terminated pursuant to any other provision hereof); (d) whichever of business interruption insurance or extra expense insurance is applicable to Tenant, in an amount satisfactory to Landlord acting reasonably; and (e) such other insurance of the Premises, its appurtenances, and the business conducted as set forth hereinwould, in the opinion of Landlord acting reasonably, be carried by a prudent operator of premises similar in use, type, and location. All such policies of insurance shall provide Landlord with 30 days’ notice of material amendment or cancellation and waive any right of subrogation against Landlord and its directors, officers and employees.

Appears in 2 contracts

Samples: Lease Agreement, Lease (Tekmira Pharmaceuticals Corp)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on or before at its sole cost and expense, during the Commencement Dateentire term hereof, keep in full force and effect a comprehensive policy of general commercial public liability and property damage insurance naming with respect to the Leased Premises, the Improvements and Tenant’s Use, including steam boiler insurance if applicable, with limits of $1,000,000. per occurrence for personal injury and property damage. Landlord as shall be an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said such policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants agrees to carry, at its expense, insurance against fire, vandalism, windstorm, malicious mischief, and representsother such perils as are from time to time included in a standard “all risk” insurance policy with extended coverage endorsement, said representation being specifically designed to induce Landlord to execute this Leaseinsuring the Leased Premises, that the Improvements and Tenant's personal property and fixtures and any other items which Tenant may bring ’s Property in an amount equal to the Premises which may full replacement cost thereof and to furnish Landlord, upon request from Landlord, with a certificate evidencing such coverages. Landlord shall be named the Loss Payee in such policy. So long as Tenant has an obligation to repair or restore the Improvements, all insurance proceeds shall be made available to Tenant and shall be used by Tenant for repair or restoration of Improvements. Landlord agrees to cooperate with Tenant and to make such proceeds available to Tenant for such purposes subject to reasonable and customary construction draw procedures. (c) In addition to the insurance required under this Section 8.1, for such period of time as Tenant shall serve liquor or other alcoholic beverages in or from the Leased Premises, Tenant agrees to maintain minimum limits of coverage of at least $1,000,000 under an umbrella policy covering excess “liquor law” liability (sometimes also known as “dram shop” insurance) which shall insure Tenant and Landlord, and all those claiming by, through or under Landlord, against any claim and all claims, demands or actions for personal and bodily injury to, or death of, one person or multiple persons in one or more accidents, and for damage to property, as well as for damages or destruction due to Landlord's negligence shall loss of means of support, loss of consortium, and the like so that at all times Landlord will be fully insured protected against claims that may arise by a policy reason of or in connection with the sale and dispensing of liquor and alcoholic beverages in and from the Leased Premises. Tenant also agrees to procure and maintain insurance covering all risks with no deductible which policy shall specifically provide loss of rents resulting from interruption of Tenant’s business for a waiver period of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, 12 months naming Landlord as an additional named insured, then loss payee. Tenant shall be procure and maintain worker’s compensation insurance in default hereunder and shall be deemed to have breached its covenants as set forth hereinstatutorily required amounts throughout the Term.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Landrys Restaurants Inc)

Tenant’s Insurance. (a) During the Term of this Lease or any renewal thereof, Tenant covenants shall obtain and promptly pay all premiums for general public liability insurance against claims for personal injury, death or property damage occurring upon, or about the Premises with carriers and in amounts reasonably satisfactory to provideLandlord but with minimum limits of not less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and property damage, on and all such policies and renewals thereof shall name Landlord and Tenant as insureds. All policies of insurance shall provide (i) that no material change or cancellation of said policies shall be made without thirty (30) days prior written notice to Landlord and Tenant, (ii) that any loss shall be payable notwithstanding any act or negligence of Tenant or Landlord which might otherwise result in the forfeiture of said insurance, and (iii) that the insurance company issuing the same shall not have right of subrogation against Landlord. On or before the Commencement Date, a comprehensive policy of general liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits thereafter not less than Three Million fifteen ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (1015) days prior to the expiration dates of said policy or termination date of any policypolicies, Tenant shall deliver a renewal or replacement policy with proof provide copies of policies of insurance evidencing coverages required by this Lease. Landlord may reasonably increase the payment of the premium thereforaforesaid insurance limits from time to time. (b) Tenant covenants and represents, said representation being specifically designed If during the Term insurance premiums on any insurance policy carried by Landlord on the Building or the Premises are increased due to induce Landlord to execute this Lease, that or resulting from Tenant's personal property and fixtures occupancy hereunder, Tenant shall pay to Landlord as additional rent the amount by which Landlord's insurance premiums exceed standard rates. Any amount payable by Tenant hereunder shall be paid to Landlord within ten (10) days after notice to Tenant accompanied by the premium notice or other evidence of the amount due. (c) If desired by Tenant, Tenant shall at its expense obtain insurance on Tenant's Property and any other items which Tenant may bring nonstandard building improvements within the Premises. (d) Neither party shall be liable to the Premises which may be subject other party or to any claim insurance company insuring the other party (by way of subrogation or otherwise) for damages any loss or destruction due damage to Landlordany property, or losses under workmen's compensation laws and benefits, even though such loss or damage may have been occasioned by the negligence shall be fully of such party, its agents or employees, provided that such loss or damage is insured by a policy against under the terms of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard policies referred to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained elsewhere in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 2 contracts

Samples: Office Lease Agreement (Talk Com), Office Lease Agreement (Talk Com)

Tenant’s Insurance. Tenant will keep in force at its own expense, so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than One Million Dollars ($1,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all of Tenant's Improvements as defined in Section 34 and installed in the Premises by or on behalf of Tenant, such insurance to provide for only a reasonable deductible, and (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits. Such policies will be maintained in companies and in form reasonably acceptable to Landlord and will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant covenants will deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to provide, on or before the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgages, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a (i) comprehensive policy of general liability insurance naming Landlord policy, including, but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen's compensation insurance or similar insurance in form and amounts as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned required by accident resulting from any act law. In the event of damage to or omission on or about destruction of the Premises and any appurtenances theretothe termination of this Lease by Landlord pursuant to Section 17 herein, Tenant agrees that it will pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant. Such policy If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be written by an terminated, Landlord may at its option cause such insurance company qualified as it in its sole judgment deems necessary to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentissued, and in respect of property damage. Said limits shall be subject such event Tenant agrees to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to pay promptly upon Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide demand, as Additional Rent the premiums for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability such insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 2 contracts

Samples: Lease Agreement (Digitalnet Holdings Inc), Lease Agreement (Digitalnet Holdings Inc)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on at its sole cost and expense, procure and maintain through the term of this Lease a policy or before the Commencement Date, a comprehensive policy policies of general liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against any and all liability commonly insured against for injury to or death of a person or persons and for damage to or destruction of property occasioned by accident resulting from any act or omission on arising out of or about in connection with the use or occupancy of the Leased Premises or by the condition of the Leased Premises (including the contractual liability of Tenant to indemnify Landlord contained herein) with a combined single limit of $1,000,000.00 for bodily injury and/or property damages, or with such other limits as may be required by Landlord, and any appurtenances thereto. Such policy is to be written by an insurance company qualified or companies satisfactory to Landlord and licensed to do business in the State of New Jersey reasonably satisfactory Texas with Landlord named as an additional insured. If Tenant has an umbrella or excess policy, Tenant will name Master Landlord, Landlord and Master Landlord's manager, as additional named insureds on all layers of umbrella or excess policies. Tenant shall obtain a written obligation on the part of each insurance company to Landlordnotify Landlord at least thirty (30) days prior to cancellation of such insurance. The policy Such policies or duly executed certificates of insurance relating thereto shall be with limits not less than Three Million promptly delivered to Landlord within five ($3,000,000.005) Dollars in respect days after the execution of any one person, in respect of any one accident, this Lease and in respect of property damage. Said limits renewals thereof as required shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, delivered to Landlord of any change or modification of said policy. At at least ten fifteen (1015) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed respective policy terms. In addition to induce all other remedies Landlord to execute may have under this Lease, that Tenant's personal property and fixtures and any other items which if Tenant may bring fails to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance comply with the required waiver of subrogation, or fail foregoing requirements relating to maintain the liability insurance, naming Landlord as an additional named insured, then may obtain such insurance and Tenant shall be in default hereunder and shall be deemed pay as additional Rent to have breached its covenants as set forth hereinLandlord on demand the premium cost thereof plus interest at the rate of eighteen percent (18%) per annum from the date of payment by Landlord until repaid by Tenant.

Appears in 1 contract

Samples: Office Sublease (Advancepcs)

Tenant’s Insurance. (a) Tenant covenants to provideTenant, on or before at its expense, shall maintain in ------------------ full force during the Commencement Dateterm of this Lease, a comprehensive policy or policies of commercial general liability insurance naming Landlord as an additional named insuredwith a combined single limit of at least One Million Dollars ($1,000,000) for each occurrence, insuring against all liability of Tenant and Landlord against any liability commonly insured against its Representatives and occasioned by accident resulting from any act Visitors for personal or omission on bodily injury or about property damage arising out of or incurred in connection with Tenant's use or occupancy of the Premises and any appurtenances theretoor the Property. Such policy or policies shall further insure the indemnification obligations of Tenant under this Lease. Tenant shall at all times maintain in effect insurance with respect to its Alterations and Trade Fixtures providing coverage against fire, extended coverage perils and vandalism and malicious mischief, to the extent of at least eighty percent (80%) of the full replacement cost thereof. Tenant may carry such insurance under a blanket policy, provided that such policy provide equivalent coverage to a separate policy. During the term of this Lease the proceeds from any such policies of insurance shall be used for the repair or replacement of the Alterations and Trade Fixtures so insured. Landlord shall have no interest in such insurance and shall sign all documents reasonably necessary or proper in connection with the settlement of any claims or loss by Tenant. Landlord will not carry insurance on Tenant's personal property or Trade Fixtures. Each policy of insurance required under this Section 12.1 shall be in a form, in an amount, and with an insurer acceptable to Landlord, and shall require at least fifteen (15) days' written notice to Landlord prior to any termination or alteration of the policy. Each policy of liability insurance shall name Landlord, its partners and its property manager and mortgagees as additional insured and provide that it is primary to, and not contributing with, any policy carried by Landlord covering the same loss. Tenant shall provide to Landlord, upon request, evidence that the insurance required to be written carried by an Tenant pursuant to this Section 12.1 is in full force and effect and the premiums therefor have been paid. Not more frequently than once every year, Tenant shall increase the amounts of insurance company qualified to do business in the State of New Jersey reasonably satisfactory to as recommended by Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits 's tender or insurance broker if, in the reasonable opinion of Landlordeither of them, said the amount of insurance then required under this Lease is not adequate. Any limits set forth in this Lease on the amount or type of coverage becomes inadequate and is less than that commonly maintained required by tenants in similar buildings in Tenant's insurance shall not limit the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord liability of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute under this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Lease Agreement (United Panam Financial Corp)

Tenant’s Insurance. Tenant shall, at its sole cost and expense, keep in full force and effect the following insurance: (a) All-Risk property insurance on Tenant’s Property for the full replacement value. Such policy shall contain an agreed amount endorsement in lieu of a coinsurance clause. “Tenant’s Property” is defined to be personal property of Tenant covenants to provideand tenant improvements (including initial tenant improvements) located in or on the Premises, on Common Areas or before the Commencement DateBuilding, a comprehensive policy of general liability excluding that which may be insured by Landlord’s All-Risk property insurance naming Landlord as an additional named insured, set forth in Article 6.1(a) above; (b) Commercial General Liability insurance insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act arising out of its use, occupancy or omission on or about maintenance of the Premises and 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 appurtenances theretotime 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 is shall name Landlord, Landlord’s wholly-owned subsidiaries, affiliates and agents and any mortgagees of Landlord as additional insureds; (c) Worker’s Compensation and Employer’s Liability insurance as required by state law; (d) Business Automobile Liability Insurance in the amount of $1,000,000 combined single limit; and (e) 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 by in a form and with an insurance company qualified satisfactory to do business in 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 State time that Tenant takes possession of New Jersey reasonably the Premises, Tenant shall deliver to Landlord copies of policies or certificates evidencing the existence of the amounts and forms of coverage satisfactory to Landlord. The policy shall be with limits not less than Three Million Tenant shall, within thirty ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (1030) days prior to the expiration of such policies, furnish Landlord with renewals or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation“binders” thereof, or fail Landlord may order such insurance and charge the cost thereof to maintain the liability insurance, naming Landlord Tenant as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinAdditional Rent.

Appears in 1 contract

Samples: Office Lease (Dendreon Corp)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on or before at Tenant’s expense, obtain and keep in force during the Commencement Dateterm of this Lease, a comprehensive policy of commercial general liability insurance naming Landlord as an additional named insured, policy insuring Tenant and protecting Landlord and the Landlord Entities against any liability commonly insured to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and occasioned by accident resulting from any act property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or omission on or about maintenance of the Leased Premises and any appurtenances all areas appurtenant thereto. Such insurance shall be a combined single limit policy is to in an amount not less than $3,000,000.00 per occurrence with $5,000,000.00 annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlordnamed as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be with limits primary, not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentcontributing with, and not in respect excess of property damagecoverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term of this Lease. Said The limits of said insurance shall be subject to periodic reviewnot limit any liability of Tenant hereunder. Not more frequently than every year, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and the amount of liability insurance required hereunder is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policynot adequate, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforpromptly increase said insurance coverage as required by Landlord. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Office Lease (Quotient Technology Inc.)

Tenant’s Insurance. Tenant shall maintain, at its own cost and expense, in responsible companies (a) Tenant covenants to provide, on or before the Commencement Date, a comprehensive policy all of general liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to which shall be written by an insurance company qualified licensed to do business in the State of New Jersey Florida) reasonably approved by Landlord, combined single limit public liability insurance, insuring Landlord and Landlord's agents and Tenant, as their interests may appear, against all claims, demands or actions for bodily injury, personal injury or death of any one person in an amount of not less than $1,000,000.00; and for bodily injury, personal injury or death of more than one person in any one accident in an amount of not less than $2,000,000.00; and for damage to property in an amount of not less than $2,000,000.00. Landlord shall have the right to direct Tenant to increase such amounts whenever any such increase is recommended or required by the underwriters of insurance on the Building, upon thirty (30) days prior written notice to Tenant. Such liability insurance shall also cover and include all exterior signs maintained by Tenant. The policy of insurance may be in the form of a general coverage or floater policy covering these and other premises, provided that Landlord and Landlord's agents are specifically insured therein. Tenant shall carry like coverage against loss or damage by boiler or compressor or internal explosion of boilers or compressors, if there is a boiler or compressor in the Premises. Tenant shall maintain insurance covering all glass forming a part of the Premises including plate glass in the Premises and fire insurance against loss or damage by fire or windstorms, with such endorsements for extended coverage, vandalism, malicious mischief and special extended coverage as Landlord may require, covering 100% of the replacement costs of any items of value, including but not limited to signs, stock, inventory, fixtures, improvements, floor coverings, machinery and equipment. All of said insurance shall be in form and in responsible companies licensed to do business in the State of Florida, reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall provide that it will not be subject to periodic reviewcancellation, and Landlord reserves the right termination or change except after at least thirty (30) days' prior written notice to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained . Any insurance procured by tenants in similar buildings in the area by tenants making similar uses. Said policy Tenant as herein required shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord an express waiver of any change or modification right of said policysubrogation by the insurance company against Landlord and its agents. At least ten (10) days prior to the expiration or termination date of any policyThe policies, Tenant shall deliver a renewal or replacement policy together with proof satisfactory evidence of the payment of the premium therefor. premiums thereon, shall be deposited with Landlord on the day Tenant begins operations. Thereafter, Tenant shall provide Landlord with evidence of proof of payment upon renewal of such policy, not less than thirty (b30) days prior to expiration of the term of such coverage. In the event Tenant covenants and representsfails to timely obtain or maintain the insurance required hereunder, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures may (but is not required to) obtain same and any other items which costs incurred by Landlord in connection therewith shall be payable by Tenant may bring as Additional Rent upon demand. Landlord shall carry public liability insurance covering the common areas of the Building, including but not limited to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord sidewalks, malls and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinparking lot.

Appears in 1 contract

Samples: Office Lease (Star Telecommunications Inc)

Tenant’s Insurance. Tenant, at its expense, shall maintain in force during the Term: (a) Tenant covenants to provide, on or before the Commencement Date, a comprehensive policy of commercial general liability insurance naming Landlord as insurance, which shall include coverage for personal liability, contractual liability, tenant's legal liability, bodily injury, death and property damage, all on an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting occurrence basis with respect to the business carried on in or from any act or omission on or about the Premises and Tenant's use and occupancy of the Premises, with coverage for any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State one occurrence or claim of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and 3,000,000 or such other amount as Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is may reasonably require upon not less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten six (106) days months' prior written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor.notice; and (b) insurance against such other perils and in such amounts as Landlord may from time to time reasonably require upon not less than ninety (90) days' prior written notice, such requirement to be made on the basis that the required insurance is customary at the time for prudent tenants of properties similar to the Building in the Chicago, Illinois area. All insurance required to be maintained by Tenant covenants shall be on terms and representswith insurers reasonably acceptable to Landlord. Each policy of liability insurance shall include Landlord, said representation being specifically designed the Manager and its affiliates and others Landlord may from time to induce Landlord to execute this Lease, that Tenant's personal time designate as additional insureds. Each policy of property and fixtures and insurance shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other items claim to which Tenant may bring to the Premises which may insurer might otherwise be subject to any claim for damages entitled against Landlord, the Manager or destruction due to Landlord's negligence shall be fully insured by a its affiliates or their respective agents or employees. Each policy of insurance covering all risks with shall contain an undertaking by the insurer that no deductible which material change adverse to Landlord or Tenant will be made, and the policy will not lapse or be cancelled, except after not less than thirty (30) days' prior written notice to Landlord of the intended change, lapse or cancellation. Tenant shall specifically provide for a waiver of subrogation for furnish to Landlord, if and whenever requested by it, certificates or other evidences acceptable to Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything as to the contrary contained insurance from time to time effected by Tenant and its renewal or continuation in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinforce.

Appears in 1 contract

Samples: Office Lease (Piranha Inc)

Tenant’s Insurance. (a) Tenant covenants to provideTenant, on at its own expense, shall maintain during the Term of this Lease a policy or before the Commencement Date, a policies of worker's compensation and comprehensive policy of general liability insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Two Million Dollars ($2,000,000.00) for property damage and Two Million Dollars ($2,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Leased Premises. Tenant, at its own expense, also shall maintain during the Term of this Lease fire and extended coverage insurance naming covering the replacement cost of all alterations, additions, partitions and improvements installed or placed on the Leased Premises by Tenant or by Landlord on behalf of Tenant, and all of Tenant's personal property contained within the Leased Premises. Said policies shall (i) name Landlord as an additional named insuredinsured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to which instead shall include a waiver of subrogation endorsement in favor of Landlord), (ii) be written issued by an insurance company qualified which is licensed to do business in the State of New Jersey reasonably satisfactory Texas and which has a Best's rating of A/VII or better, and (iii) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have been given to Landlord. The In addition, such insurance provided by Tenant shall provide that it shall provide primary coverage when any policy issued to Landlord is similar or duplicate in coverage, and Landlord's policy shall be with limits not less than Three Million excess over Tenant's policies. All insurance policies carried by Tenant hereunder shall expressly provide ($3,000,000.00by endorsement or otherwise) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits that Landlord's rights thereunder shall be subject assignable to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses's mortgagee who shall be shown as an additional insured thereon. Said policy or policies or certificates thereof shall contain a provision for ten be delivered to Landlord by Tenant upon commencement of the Term of the Lease and upon each renewal of said insurance. Notwithstanding the foregoing, Tenant may elect to self-insure the risk of damage to its personal property situated at the Leased Premises (10but not the leasehold improvements in the Leased Premises or liability insurance) days so long as (i) Tenant gives Landlord at least thirty (30) days' prior written notice thereof, and (ii) Tenant's net worth (determined in accordance with generally accepted accounting principles consistently applied) is $50,000,000 or greater during the period in which Tenant so elects to self-insure. Self-insurance by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior Tenant pursuant to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and foregoing sentence shall be deemed to have breached its covenants as set forth be insurance for the purpose of the mutual waiver of subrogation contained herein.

Appears in 1 contract

Samples: Lease Agreement (Ameritrade Holding Corp)

Tenant’s Insurance. Except as otherwise provided herein, Tenant shall throughout the Term: (a) Tenant covenants Keep or cause to providebe kept all Improvements and all equipment on, on in and appurtenant thereto or before otherwise on, in or appurtenant to the Commencement DatePremises, insured against loss or damage by fire, with extended coverage including special form, in an amount equal to one hundred (100%) percent of the full replacement value thereof (excluding foundations and footings) without diminution of such replacement cost for depreciation or obsolescence, by policies containing the usual co- insurance clause, and written with a comprehensive policy “deductible” not to exceed One Million Dollars ($1,000,000); (b) Keep or cause to be kept in effect business interruption insurance (or, as the case may be, use and occupancy insurance) for the Improvements, the Demised Land and the Premises in an amount not less than the total of general liability the applicable Lease Year’s Basic Rent, Second Additional Rent and Third Additional Rent plus all annual insurance premiums required by this Article 5, naming Landlord as an additional named insured” or “loss payee”, insuring Tenant as its interest may appear; (c) Keep or cause to be kept in effect general liability insurance against claims for bodily injury or death and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on property damage occurring upon, in or about the Premises and all Improvements thereon, and on, in or about the adjoining streets, sidewalks and passageways, providing coverage in the sum of Twenty-Five Million Dollars ($25,000,000) (in 2023 dollars, adjusted for inflation based on the CPI Index no more frequently than once every five (5) years) per occurrence and in the aggregate in respect of either bodily injury or death to any appurtenances theretonumber of persons or for property damage. Such policy is The aforesaid coverage limitations shall be increased (which increase may be affected by “umbrella” coverage) from time to time throughout the Term (but not more than once in any five (5) year period) so that such coverage shall conform to the liability coverage then customarily maintained for premises used for similar purposes. Tenant shall cause a contractual liability endorsement of Tenant’s undertaking hereunder to be written in connection with the general liability insurance required to be maintained by Tenant pursuant to this Section 5.01(c); (d) Keep or cause to be kept in effect elevator liability coverage insurance, boiler and machinery insurance, water damage insurance (direct and legal liability), sprinkler leakage insurance (direct and legal liability), including flood insurance to the extent available through the National Flood Insurance Program or any substitute therefor or through a “difference in conditions” policy; (e) Keep or cause to be kept in effect workers’ compensation and employer’s liability insurance covering all persons employed at or in respect of the Premises with statutorily required limits, as well as all other insurance (if any) Tenant is required to keep and maintain at any time during the Term hereof pursuant to applicable Legal Requirements, each in accordance with the requirements of applicable Legal Requirements; workers’ compensation insurance shall include policy endorsements providing an insurance company qualified extension of the policy to do business cover the liability of the insured under the “Other States Coverage”; (f) Keep or cause to be kept in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be effect pollution liability coverage for bodily injury and property damage with limits not less than Three Twenty-Five Million Dollars ($3,000,000.0025,000,000) each pollution condition and Twenty-Five Million and No/100 Dollars ($25,000,000) aggregate (in 2023 dollars, adjusted for inflation, based on the CPI Index no more frequently than once every five (5) years). If the pollution liability policy is written on a claims-made basis, Xxxxxx agrees that such coverage shall remain in force for at least three (3) years following the expiration or earlier termination of this Lease; (g) During the performance of alterations and solely with respect thereto, builder’s risk insurance covering the perils insured under the ISO special causes of any one personloss form or equivalent coverage under an All Risk/Special Form property policy, including collapse, water damage, in transit, flood and earthquake to the extent obtainable at commercially reasonable rates, covering the total value of work performed and equipment, supplies and materials furnished (with a customary limit for soft costs in the case of construction) and covering the full insurable value (exclusive of the cost of non-insurable items, such as excavation, foundations and footings) of all equipment, supplies and materials at any off-site storage location used with respect to the Premises to the extent Tenant bears the risk of any one accident, and in loss with respect of property damage. Said limits shall be thereto (subject to periodic reviewthe foregoing qualification with respect to earthquake insurance); (h) Obtain and maintain such other insurance on or with respect to the Premises as Landlord may from time to time reasonably require, acting in good faith, for all activities performed on the Premises by or on behalf of the Tenant, including but not limited to renovations, construction, demolition and Landlord reserves operations of the right to increase said coverage limits if, in the reasonable opinion Improvements provided that such insurance is generally required of Landlord, said coverage becomes inadequate and is less than that commonly or maintained by tenants or operators of similar properties and is available at commercially reasonable rates; (i) Keep in similar buildings effect commercial property insurance, on an All Risk/Special Form of Loss, Agreed Amount, Fully-Insured Replacement Cost Basis, on the Improvements and on all personal property in and about the area by tenants making similar usesPremises, including without limitation, Tenant’s improvements, decorations, fixtures, furniture and other contents as may be necessary to restore the same to a condition so that they may be operated as they had been operated immediately prior to any casualty. Said policy Replacement shall contain a provision mean new for ten old without deduction for depreciation; and (10j) days written notice by certified or registered mailKeep in effect all dram shop, return receipt requestedliquor liability and other sufficient social host coverage for all events during which alcoholic beverages are served in an amount not less than Five Million Dollars ($5,000,000) (in 2023 dollars, to Landlord of any change or modification of said policyadjusted for inflation, based on the CPI Index no more frequently than once every five (5) years). At least ten (10) days prior to the expiration or termination date of any policyTenant’s option, Tenant shall deliver a renewal or replacement policy with proof this coverage may be provided if available, as an express endorsement of the payment of the premium thereforcommercial general liability policy or an excess or umbrella liability insurance policy. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. (a) Prior to the date Landlord delivers possession of the Premises to Tenant, and continuing thereafter throughout the Term, Tenant, at its expense, shall obtain and maintain in full force and effect the following insurance policies throughout the Term: (i) Commercial General Liability (CGL) Insurance on an occurrence basis covering liability arising from premises operations, independent contractors, product-completed operations, personal injury, advertising injury, bodily injury, death and/or property damage occurring in or about the Building, under which Tenant covenants to provide, on or before the Commencement Date, a comprehensive policy of general liability insurance naming is insured and Landlord shall be named as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting (the “Insured Parties”). Such insurance shall provide primary coverage without contribution from any act other insurance or omission self-insurance carried by or for the benefit of the Insured Parties, and such insurance shall include blanket broad-form contractual liability coverage. The minimum limits of liability applying exclusively to the Premises shall be a combined single limit with respect to each occurrence in an amount of not less than $5,000,000. There shall be no deductible or self-insurance without the prior written consent of Landlord (which consent shall not be unreasonably withheld); (ii) All-Risk Commercial Property Insurance insuring Tenant’s Property (as defined in Exhibit B) and the Above Building Standard Installations (as defined in Exhibit B), for the full replacement cost thereof, having a deductible amount, if any, not in excess of $25,000 without the prior written consent of Landlord. The Insured Parties shall be included as loss payee(s) with respect to the Above Building Standard Installations; (iii) Builder’s Risk during the performance of any Alteration, until completion thereof, on an “All Risk” basis, including a permission to complete and occupy, and flood, including resulting water damage, endorsements, for full replacement cost covering the interest of Landlord and Tenant (and their respective contractors and subcontractors) in all work incorporated in the Building and all materials and equipment in or about the Premises and any appurtenances thereto. Such policy is to be written by an Premises, or evidence of such coverage under the property insurance company qualified to do business policies set forth in the State of New Jersey reasonably satisfactory to Landlord(ii) above. The policy Insured Parties shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an named as additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.insureds;

Appears in 1 contract

Samples: Lease Agreement (DemandTec, Inc.)

Tenant’s Insurance. (a) Throughout the Term of this Lease Tenant covenants shall ------------------ maintain ISO Special Form property insurance, including building and machinery comprehensive form, in an amount equal to provideone hundred percent of the replacement value of Tenant's trade fixtures, equipment, and other personal property located on the Premises together with such other insurance as may be reasonably required by Landlord's lender or before the Commencement Date, a comprehensive by any government agency. All proceeds of Tenant's policy of property insurance shall be payable to Tenant, and all proceeds of policies of insurance procured by Landlord shall be payable to Landlord. Tenant hereby waives any right to recovery from Landlord and Landlord hereby waives any right of recovery from Tenant for any loss or damage (including consequential loss) resulting from any of the perils insured against in the special form property insurance policy with extended coverage endorsement. During the Term of this Lease, Tenant shall, at Tenant's expense, maintain commercial general liability insurance naming against claims for personal injury, death or property damage occurring in, upon or about the Premises in an amount not less than $5,000,000 per occurrence and $5,000,000 annual aggregate (with a separate general aggregate limit for the Premises), automobile liability insurance with a combined single limit or equivalent in an amount not less than $2,000,000, and workers' compensation insurance as provided by law. Tenant's policies of liability insurance shall name Landlord as an additional named insured, insuring Tenant shall provide coverage for blanket contractual liability, premises, products/completed operations, and Landlord against any liability commonly insured against personal and occasioned advertising injury coverage. Tenant's policies of insurance shall be primary and not contributory as to other insurance purchased by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory available to Landlord. The policy A certificate of the insurance required to be carried by Tenant under this Article 12 shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, delivered to Landlord of any change or modification of said policy. At prior to the Commencement Date and thereafter at least ten (10) thirty days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment then current policies. Upon the written request of the premium therefor. (b) Tenant covenants and representsLandlord, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may copies of such policies shall also be subject to any claim for damages or destruction due delivered to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which . Each policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants contain an endorsement prohibiting cancellation or non-renewal without regard at least thirty days prior notice to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinLandlord.

Appears in 1 contract

Samples: Office Lease (Pac-West Telecomm Inc)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on or before at Tenant’s expense, obtain and keep in force during the Commencement Dateterm of this Lease, a comprehensive policy of commercial general liability insurance naming Landlord as an additional named insured, policy insuring Tenant and protecting Landlord and the Landlord Entities against any liability commonly insured to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and occasioned by accident resulting from any act property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or omission on or about maintenance of the Premises and any appurtenances all areas appurtenant thereto. Such insurance shall be a combined single limit policy is to in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence with a FIVE MILLION DOLLAR ($5,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlordnamed as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be with limits primary, not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentcontributing with, and not in respect excess of property damagecoverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term of this Lease. Said The limits of said insurance shall be subject to periodic reviewnot limit any liability of Tenant hereunder. Not more frequently than every year, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and the amount of liability insurance required hereunder is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policynot adequate, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforpromptly increase said insurance coverage as required by Landlord. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Office Lease (Sphere 3D Corp)

Tenant’s Insurance. (a) At all times during the Term of this Lease, Tenant covenants to provideshall, on or before the Commencement Dateat its own expense, a comprehensive policy of general maintain (i) public liability insurance naming for claims for personal injury or death and property damage with limits of not less than $5,000,000.00 combined single limit of liability; (ii) fire and extended coverage insurance on all property described in the first sentence of Section 13(b) to the extent of at least 90 percent of their insurable value. All such policies shall name Landlord as an additional named insured, insuring Tenant insured and Landlord against any liability commonly insured against shall be with insurance companies and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State of New Jersey forms reasonably satisfactory to Landlord. The policy Tenant shall, prior to Commencement Date and thereafter at Landlord’s request, furnish Landlord with certificates of all insurance to be maintained by Tenant and with evidence of payment of the premiums thereon. All such policies shall contain, to the extent available in the insurance market, a clause or endorsement to the effect that they may not be terminated or amended during the Term of this Lease except after thirty days’ written notice thereof to Landlord. All insurance policies maintained by or on behalf of Tenant with respect to the Premises shall include a waiver of subrogation against Landlord on the part of the respective insurance carriers and Tenant hereby releases Landlord, to the extent of the Tenant’s insurance coverage (or coverage that would have been available had Tenant maintained the insurance required to be carried by Tenant under this Lease), from any and all liability for any loss or damage covered by such insurance which may be inflicted upon the property of Tenant even if such loss or damage shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves brought about by the right to increase said coverage limits if, in the reasonable opinion fault or negligence of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified its agents or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforemployees. (b) Tenant covenants shall not use or suffer or permit any other firm or person to use the Premises for any hazardous purpose or in any manner that will violate, suspend, void, make inoperative or increase the rate of any policies of insurance of any kind at any time carried by Landlord upon the Premises and representsthe Building, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and property therein. Tenant at Tenant’s sole expense shall comply with all rules, orders, regulations or requirements of the board of fire underwriters, or any other items which Tenant may bring similar body, having jurisdiction over the Premises. Any increase in the cost of any insurance carried by Landlord attributable to Tenant’s activities on the Premises which may or Tenant’s failure to perform and observe Tenant’s obligations and covenants hereunder shall be subject to any claim for damages or destruction due borne by Tenant and payable to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard , from time to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogationtime, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinon demand.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. (a) Tenant covenants to provide, on or before shall obtain at its own expense and keep in fu11 force and effect from the Commencement date of full execution and delivery of this Lease tough the Expiration Date, a comprehensive policy of commercial general liability and property damage insurance naming Landlord including broad form contractual liability coverage under which Tenant is named as an additional named the insured, insuring Tenant and Landlord against (and each member thereof in the event Landlord is a partnership or joint venture), RFR Realty LLC (and any liability commonly insured against and occasioned other mortgagee or interested parties from time to time designated by accident resulting from any RFR Realty LLC), are named as additional insureds, as their interests may appear. Such policy shall contain (i) a provision that no act or omission on of Tenant shall affect or about limit the Premises obligation of the insurance company to pay the amount of any loss sustained, (ii) a waiver of subrogation against Landlord or a consent to a waiver of right of recovery against Landlord, and (iii) an agreement by the insurer that it will not make any appurtenances theretoclaim against or seek to recover from Landlord for any loss, damage or claim whether or not covered under such policy. Such policy is shall also contain a provision that the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days' written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than $2,000,000 for injury (or death) and damage to property or such greater amount as Landlord may, from time to time, reasonably require. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder, and Tenant shall provide Landlord with a complete copy of any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that names Landlord, Landlord's managing agent and/or designees specified by an Landlord from time to time, as additional insureds, references the Premises, and guarantees a minimum limit available for the Premises equal to the amount of insurance company qualified required to be maintained hereunder. Each policy required hereunder shall contain a clause that the policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance required under this Article 9 shall not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New Jersey reasonably satisfactory York, and rated in Best's Insurance Guide, or any successor thereto (or if there be, none, an organization having a national reputation) as having a general policyholder rating of "A" and a financial rating of at least "13". In the event that Tenant fails to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect continuously maintain insurance as required by this Article 9, Landlord may, at its option and without relieving Tenant of any one personobligation hereunder, in respect order such insurance and pay for the same at the expense of any one accident, and in respect of property damageTenant. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policyIn such event, Tenant shall deliver a renewal or replacement policy repay the amount expended by Landlord, with proof of the payment of the premium interest thereon, immediately upon Landlord's written demand therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Lease Agreement (Bridgeline Software, Inc.)

Tenant’s Insurance. Tenant, at its expense, shall obtain and maintain in effect as long as this Lease remains in effect and during such other time as Tenant occupies the Leased Premises or any part thereof insurance policies providing at least the following coverage: A. Public liability insurance, including insurance against assumed or contractual liability under this lease, with respect to the Leased Premises, to afford protection with limits of not less that five hundred thousand dollars (a$500,000) per occurrence and one million dollars ($1,000,000) annual aggregate, combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible; B. All-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's Personal Property in the Leased Premises and all of the Alterations, and all other things installed in the Leased Premises by or on behalf of Tenant, and covering loss of income resulting from casualty; and C. If, and to the extent, required by law, worker's compensation or similar insurance offering statutory coverage and containing statutory limits. Such policies will be maintained in form reasonably acceptable to Landlord and will be written as primary policy coverage and not contributing with, or in excess of, any coverage, which Landlord shall carry. Tenant covenants will deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to provideMove-in, on which policies shall name Landlord or before the Commencement Date, a comprehensive policy of general liability insurance naming Landlord its designee as an additional named insured, insuring Tenant as a loss-payee and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall also contain a provision for ten stating that such policy or policies shall not be canceled or materially altered except after thirty (1030) days written notice by certified or registered mail, return receipt requested, to Landlord Landlord. All such policies of any change or modification insurance shall be effective as of said policythe date Tenant occupies the Leased Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Leased Premises. At least ten (10) days prior In addition to the expiration or termination date of any policyforegoing insurance coverage, Tenant shall deliver require any contractor maintain, at no expense to Landlord, during such times as the contractor is working in the Leased Premises, a renewal non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than five hundred thousand dollars ($500,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) worker's compensation insurance or replacement policy with proof similar insurance in form and amounts as required by law. In the event of damage to or destruction of the payment Leased Premises and the termination of the premium therefor. (b) this Lease by Landlord pursuant to Section 15 herein, Tenant covenants and represents, said representation being specifically designed agrees that it will pay Landlord all of its insurance proceeds relating to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to Improvements made in the Leased Premises which may be subject to any claim for damages by or destruction due to Landlord's negligence shall be fully insured by a policy on behalf of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinTenant.

Appears in 1 contract

Samples: Lease Agreement (Sideware Systems Inc)

Tenant’s Insurance. Tenant shall obtain and keep in full force and effect during the Term, at its own cost and expense, to protect Landlord, Landlord's agents and employees, any Superior Lessor or Superior Mortgagee and Tenant as additional insureds (except as to Tenant) (a) Tenant covenants Public Liability Insurance to provide, on or before the Commencement Date, a comprehensive policy of general liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord afford protection against any liability commonly insured and all claims for personal injury, death or property damage occurring in, upon, adjacent to or connected with the Premises, the Real Property or any part thereof in an amount of not less than $5,000,000 for injury or death arising out of any one occurrence, and $2,000,000 for damage to property in respect of one occurrence, or in any increased amount reasonably required by Landlord; and (b) insurance against loss or damage by fire, and occasioned by accident resulting from such other risks and hazards as are insurable under then available standard forms of fire insurance policies with extended coverage, to Tenant's Property for the full insurable value thereof. During such time as Tenant shall be constructing any act or omission on or about Improvements, Tenant shall carry builder's risk insurance, completed value form, covering all physical loss, in an amount reasonably satisfactory to, and to protect, the Premises Landlord and any appurtenances theretoSuperior Lessor or Superior Mortgagee. Such policy is to All such insurance shall be written in form and substance reasonably satisfactory to Landlord by an insurance company qualified of recognized responsibility licensed ` to do business in the State Commonwealth of New Jersey Massachusetts which shall be reasonably satisfactory to Landlord. The policy Upon failure of Tenant to procure, maintain and pay all premiums therefor, Landlord may, at its option, do so, and Tenant agrees to pay the cost thereof to Landlord as Additional Rent. Tenant shall cause to be included in all such insurance policies a provision to the effect that the same will be non-cancelable and not permitted to lapse except upon thirty (30) days' prior notice to Landlord, any Superior Lessor and any Superior Mortgagee. No later than the Commencement Date, original insurance policies or appropriate certificates shall be deposited with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one personLandlord. Any renewals, in respect of any one accident, and in respect of property damage. Said limits replacements or endorsements thereto shall also be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of deposited with Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Lease (Onesource Information Services Inc)

Tenant’s Insurance. (a) Tenant covenants shall procure and maintain throughout the Term a policy or policies of insurance in form and substance reasonably satisfactory to provideLandlord, on or before the Commencement Date, a comprehensive policy of general liability insurance naming Landlord as an additional named insuredat Tenant’s sole cost and expense, insuring Landlord, Landlord’s mortgagee, if any, and Tenant against all claims, demands or actions arising out of or in connection with: (i) the Premises, (ii) the condition of the Premises, (iii) Tenant’s operations in and Landlord against any liability commonly insured against maintenance and occasioned by accident resulting from any act or omission on or about use of the Premises and any appurtenances thereto. Such (iv) Tenant’s liability assumed under this Lease; the limits of such policy is or policies to be written by an insurance company qualified to do business in the State amount of New Jersey not less than $1,000,000 per occurrence in respect of injury to persons (including death), and in the amount of not less than $250,000 per occurrence in respect of property damage or destruction, including loss of use thereof. All such policies shall be procured by Tenant from responsible insurance companies reasonably satisfactory to Landlord. The policy Certificates of Insurance shall be with limits delivered to Landlord prior to the Rent Commencement Date. Prior to the expiration date of any such policies, Certificates of Insurance shall be delivered to Landlord. Such policies shall further provide that not less than Three Million twenty ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (1020) days written notice by certified or registered mail, return receipt requested, shall be given to Landlord before such policy may be canceled or changed to reduce the insurance coverage provided thereby. In the event Landlord makes a request to Tenant in writing to provide Landlord with proof of any change or modification Tenant’s insurance, and Tenant fails to provide such proof within fifteen (15) business days of said policy. At least ten (10) days prior to the expiration or termination date of any policysuch request, Tenant shall deliver a renewal or replacement policy with proof pay Landlord an administrative fee equal to five percent (5%) of Tenant’s monthly Base Rent and Additional Rent for that month, which will be charged to Tenant’s next month’s rent. Tenant further agrees that the payment of the premium therefor. (b) administrative charge imposed is fair and reasonable, and constitutes an agreement between Landlord and Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring as to the Premises which estimated compensation for costs and further agrees that the late charge assessed pursuant to this Lease is not interest, and the late charge assessed does not constitute a lender or borrower/creditor relationship between Landlord and Tenant, and may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured treated by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinAdditional Rent owed by Tenant.

Appears in 1 contract

Samples: Sublease Agreement (Biopower Operations Corp)

Tenant’s Insurance. (a) Tenant covenants to provide, on or before shall obtain at its own expense and keep in full force and effect during the Commencement DateTerm, a comprehensive policy of commercial general liability insurance naming (including, without limitation, insurance covering Tenant's contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, are named as additional insureds. Such policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an additional amount of not less than $3,000,000 for injury (or death) and damage to property or such greater amount as may be consistent with and comparable to limits required to be carried by owners of buildings in midtown Manhattan comparable to the Building. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, insuring additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that names Landlord, Landlord's managing agent and/or designees specified by Landlord from time to time, as additional insureds, references the Premises, and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about guarantees a minimum limit available for the Premises and any appurtenances thereto. Such policy is equal to the amount of insurance required to be written maintained hereunder. Each policy required hereunder shall contain a clause that the policy and the coverage evidenced thereby shall be primary with respect to any policies carried by an Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance company qualified required under this subsection shall not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New Jersey reasonably satisfactory York, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of "A" and a financial rating of at least "13". In the event that Tenant fails to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect continuously maintain insurance as required by this subsection, Landlord may, at its option and without relieving Tenant of any one personobligation hereunder, in respect order such insurance and pay for the same at the expense of any one accident, and in respect of property damageTenant. Said limits In such event Tenant shall be subject to periodic review, and Landlord reserves repay the right to increase said coverage limits if, in the reasonable opinion of amount expended by Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days with interest thereon, immediately upon Landlord's written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium demand therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Lease Agreement (Thrupoint Inc)

Tenant’s Insurance. Tenant shall maintain at all times during the Term (a) “all risk” property insurance covering all present and future Tenant’s Property, Fixtures and Tenant’s Improvements and Betterments to a limit of not less than the full replacement cost thereof, (b) intentionally omitted, (c) plate glass insurance covering all plate glass in the Premises, (d) boiler and machinery insurance, if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises, with Landlord, its managing agent, and any Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than such amount as is necessary, in Landlord’s reasonable determination, to replace any such boiler, supplementary air conditioner or pressure object or similar equipment, (e) commercial general liability insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, (f) Worker’s Compensation insurance meeting all state requirements and Employers Liability, (g) Auto liability insurance not less than $1,000,000 combined single limit, (h) Umbrella insurance excess of all liability insurance above not less than $4,000,000 and (i) when Alterations are in process, the insurance specified in Section 4.02(f) hereof. The limits of such insurance shall not limit the liability of Tenant. Tenant covenants shall deliver to provideLandlord and any additional insureds, on or before at least one (1) day prior to the Commencement Date, a comprehensive policy such fully paid-for policies or certificates of general liability insurance naming Landlord as an additional named insuredinsurance, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State of New Jersey form reasonably satisfactory to LandlordLandlord issued by the insurance company or its authorized agent. The Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds (i) such renewal policy shall be with limits not less than Three Million or a certificate thereof promptly after Tenant’s receipt thereof, and ($3,000,000.00ii) Dollars in respect if Tenant is unable to deliver to Landlord such renewal policy or a certificate thereof at least thirty (30) days before the expiration of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any existing policy, Tenant shall deliver to Landlord other evidence reasonably satisfactory to Landlord confirming that such insurance policy was in fact renewed. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A-/VIII or better or the then equivalent of such rating, and all such policies shall contain a renewal provision whereby the same cannot be cancelled, allowed to lapse or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce modified unless Landlord to execute this Lease, that Tenant's personal property and fixtures and any additional insureds are given at least thirty (30) days’ prior written notice of such cancellation, lapse or modification. All policies shall be primary and non-contributory with respect to any insurance carried by an additional insured. The proceeds of policies providing “all risk” property insurance of Tenant’s Property, Fixtures and Improvements and Betterments shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall provide reasonable cooperation to Landlord in connection with the collection of any insurance monies that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other items which Tenant may bring to the Premises instruments which may be subject required to recover any claim for damages or destruction due such insurance monies. Landlord may from time to Landlord's negligence shall time require that the amount of the insurance to be fully insured maintained by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything Tenant under this Section 7.02 be increased to the contrary contained prevailing level customarily carried with respect to similar properties in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinNew York City.

Appears in 1 contract

Samples: Lease (Intercept Pharmaceuticals Inc)

Tenant’s Insurance. Tenant agrees to maintain in full force and ------------------ effect at all times during the Term, at its own expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the following coverages: (ai) Tenant covenants to provide, on or before the Commencement Date, a comprehensive policy of Commercial general liability insurance naming protecting Landlord and Tenant against claims for bodily injury, personal injury and property damage based upon or arising out of the use, occupancy or maintenance of the Premises. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than Two Million and no/100ths Dollars ($2,000,000.00) per occurrence with an "Additional Insured - Managers or Lessors of Premises Endorsement" and contain the "Amendment of the Pollution Exclusion Endorsement" for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an additional named insured"insured contract" for the performance of Tenant's indemnity obligations under this Lease. All insurance carried by Tenant shall be primary to and not contributing with any similar insurance carried by Landlord, insuring Tenant whose insurance shall be considered excess insurance only. (ii) All-risk" or causes of loss-special form property insurance (including, without limitation, vandalism, malicious mischief, inflation endorsement, and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission sprinkler leakage endorsement) on Tenant's Personal Property located on or about in the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring Alterations to the Premises which may be subject to any claim for damages or destruction due to Landlordconstructed by Tenant at Tenant's negligence shall be fully insured by a policy of expense. Such insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and the full amount of the replacement cost, as the same may from time to time increase as a result of inflation or otherwise. Landlord shall be deemed have no interest in the insurance proceeds on Tenant's Personal Property, any Alterations to have breached its covenants as set forth hereinthe Premises constructed at Tenant's expense, or any additional insurance that Tenant may elect to maintain with respect to the Tenant Improvements.

Appears in 1 contract

Samples: Lease (Artisan Components Inc)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on or before at Tenant’s expense, obtain and keep in force during the Commencement Dateterm of this Lease, a comprehensive policy of commercial general liability insurance naming Landlord as an additional named insured, policy insuring Tenant against the risks of, bodily injury and Landlord against any property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability commonly insured against and occasioned by accident resulting from any act arising out of the ownership, use, occupancy or omission on or about maintenance of the Premises and any appurtenances all areas appurtenant thereto. Such insurance shall be a combined single limit policy is to in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence with a Three Million Dollar ($3,000,000.00) annual aggregate. Landlord and any lender and any other party in interest designated by Landlord shall be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlordnamed as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be with limits primary, not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentcontributing with, and not in respect excess of property damagecoverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverage as to the other insured or additional insureds; and shall afford coverage after the terms of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arise (or the onset of which occurred or arose) in whole or in part during the term of this Lease. Said The limits of said insurance shall be subject to periodic reviewnot limit any liability of Tenant hereunder. Not more frequently than every year, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and the amount of liability insurance required hereunder is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policynot adequate, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforpromptly increase said insurance coverage as required by Landlord. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Office Lease (Artisoft Inc)

Tenant’s Insurance. (a) At all times Tenant covenants shall keep in full force and effect a policy of comprehensive public liability and property damage insurance with respect to providethe Demised Premises, in such limits as may he reasonably required from time to time by Landlord. The limits of public liability insurance on or before the Commencement DateDate shall be not less than $3,000.000 for death or injury to any number of persons or for property damage, for each occurrence. In no event shall the limits of any coverage maintained by Tenant pursuant to this Section 11.1 be considered as limiting Tenant's liability under this Lease. These policies shall name Landlord, any person, firms or corporations (including, without being limited to, any mortgagee or lessor of Landlord) designated by Landlord and Tenant as insureds, shall include blanket contractual liability coverage which insures contractual liability under the indemnifications set forth in Section 11.2 hereof and shall contain a comprehensive policy of general liability clause that the insurer will not cancel or change the insurance naming without first giving Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto30 days prior written notice. Such policy is to The insurance shall be written by an insurance company company, licensed and qualified to do business in the State of New Jersey in which the Property is located, which is reasonably satisfactory acceptable to Landlord. The An original copy of the policy (if requested by Landlord) or a certificate of insurance shall be with limits delivered to Landlord promptly upon the execution and delivery of this Lease and replacement certificates (or original copies of insurance policies, if requested by Landlord) shall be delivered not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policythen existing coverage. The insurance which Tenant is required to maintain in force and effect under this Section 11.1 shall be primary insurance as respects Landlord (and any other additional insureds designated by Landlord) and not excess over or contributory with any other available insurance. Certificates of insurance evidencing the liability insurance coverage required under this Section 11.1 shall contain an endorsement to such effect. In addition, at all times during the Term hereof, Tenant shall deliver a renewal or replacement policy procure and maintain Worker's Compensation Insurance in accordance with proof the laws of the payment of State in which the premium thereforProperty is located. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Lease Agreement (Heelys, Inc.)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on or before at Tenant’s expense, obtain and keep in force during the Commencement Dateterm of this Lease, a comprehensive policy of commercial general liability insurance naming Landlord as policy, written on an additional named insuredoccurrence basis, insuring Tenant and protecting Landlord and the Landlord Entities against any liability commonly insured to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and occasioned by accident resulting from any act property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the use, occupancy or omission on or about maintenance of the Leased Premises and any appurtenances all areas appurtenant thereto. Such insurance shall be a combined single limit policy is to in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLARS ($2,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlordnamed as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease (subject to standard policy exceptions and exclusions); shall be with limits primary, not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentcontributing with, and not in respect excess of property damagecoverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds. Said The limits of said insurance shall be subject to periodic reviewnot limit any liability of Tenant hereunder. Not more frequently than every year, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and the amount of liability insurance required hereunder is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policynot adequate, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforpromptly increase said insurance coverage as reasonably required by Landlord. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Sublease Agreement (Atara Biotherapeutics, Inc.)

Tenant’s Insurance. (a) 14.1 Tenant covenants shall not conduct or permit to providebe conducted any activity, on or before the Commencement Date, a comprehensive policy of general liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against place any liability commonly insured against and occasioned by accident resulting from any act or omission on equipment in or about the Premises and or the Building, which will in any appurtenances theretoway increase the rate of fire insurance or other insurance on the Building or the Project. Such policy If any increase in the rate of fire insurance or other insurance is to be written stated by an insurance company qualified or by the applicable Insurance Rating Bureau to be due to any activity or equipment of Tenant in or about the Premises or the Building or the Project, such statement shall be conclusive evidence that the increase in such rate is due to such activity or equipment and, as a result thereof, Tenant shall be liable for the amount of such increase. Tenant shall reimburse Landlord for such amount upon demand and any such amount shall be considered additional rent due hereunder. 14.2 Throughout the Lease Term, Tenant shall obtain and maintain replacement cost casualty insurance on its furniture, fixtures, equipment and property in the Premises, and public liability insurance, in a company or companies licensed to do business in the State of New Jersey reasonably satisfactory to jurisdiction in which the Building is located and approved by Landlord. The Said insurance shall be in minimum amounts approved by Landlord from time to time, shall name Landlord, any mortgages, and Landlord's ground Lessors (if any), as additional insureds thereunder, shall contain an endorsement that such policy shall be with limits not less than Three Million ($3,000,000.00) Dollars remain in respect full force and effect notwithstanding that the insured may have waived its right of action against any one personparty prior to the occurrence of a loss, and shall provide that the insurer thereunder waives all right of recovery by way of subrogation against Landlord, its agents, employees, and representatives, in respect connection with any loss or damage covered by such policy. If requested by Landlord, receipts evidencing payment of any one accidentthe premium for such insurance shall be delivered by Tenant at least annually, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said each such policy shall contain a provision for ten an endorsement prohibiting cancellation or reduction of coverage without first giving Landlord fifteen (1015) days days, prior written notice by certified of such proposed action. Tenant shall also keep in force, at its expense, so long as this Lease remains in effect and during such other times as Tenant occupies the Premises or registered mailany part thereof, return receipt requested, to Landlord workmen's compensation or similar insurance affording statutory coverage and containing statutory limits. All such policies of any change or modification of said policy. At least ten insurance shall be effective thirty (1030) days prior to the expiration or termination date anticipated Lease Commencement Date, and shall be for a period of at least one (1) full calendar year. None of the insurance which Tenant is required to carry and maintain hereunder shall contain any policydeductible provisions except as approved by Landlord. 14.3 The amount of liability insurance required to be maintained by Tenant pursuant to this Lease is One Million Dollars ($1,000,000) for injury to one (1) person and Two Million Dollars ($2,000,000) for injury to any number of persons in a single occurrence, and One Hundred Thousand Dollars ($100,000) for damage to property, all written on an "occurrence" basis. Landlord may, from time to time, require Tenant to increase its insurance coverage to an amount determined by Landlord to be satisfactory in Landlord's reasonable judgment. 14.4 Tenant shall deliver a renewal or replacement policy require any contractor of Tenant who is to perform work on the premises in excess of Thirty Thousand Dollars ($30,000), to keep in force, at contractor's expense during such times as contractor is working in the Premises, in accordance with proof the terms of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the : comprehensive general liability insurance, naming including contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement, and contractor's protective liability coverage, with insurance companies and in form acceptable to the Landlord, to afford protection to the limit, per occurrence, of not less than Two Million Dollars ($2,000,000) with respect to personal injury or death, and One Million Dollars ($1,000,000) with respect to property damage. Tenant will cause Tenant's contractors to deposit the policy or policies of such insurance, or certificates thereof, with Landlord prior to commencing any work, which policies shall name Landlord or its assignees as an additional named insuredinsureds, then shall be primary and non-contributory, and shall also contain a provision stating that such policy or policies shall not be cancelled except after thirty (30) days, written notice to Landlord. Tenant shall also require its contractors to keep in effect (i) workmen's compensation or similar insurance affording statutory coverage and containing statutory limits, and (ii) comprehensive automobile liability insurance for each occurrence of not less than One Million Dollars ($1,000,000) with respect to personal injury or death and Five Hundred Thousand Dollars ($500,000) with respect to property damage during the period such contractor is performing work in the Premises on tenant's behalf. 14.5 Tenant waives its right of recovery against Landlord by reason of any loss covered by insurance that is carried by Tenant or that is required by this Lease to be in default hereunder and shall be deemed to have breached its covenants as set forth hereincarried by Tenant.

Appears in 1 contract

Samples: Master Office Lease Agreement (Opinion Research Corp)

Tenant’s Insurance. (a) Tenant covenants to providewill take out and maintain, on or before the Commencement Dateat its own cost and expense, a comprehensive policy of commercial general liability insurance naming Landlord as an additional named insuredcoverage in a minimum amount of $3,000,000.00 combined single limit, which commercial general liability policy shall include (i) coverage for bodily injury and death, property damage and products liability coverage; (ii) contractual liability coverage insuring the obligations of Tenant under the terms of this Lease; and Landlord against any (iii) fire legal liability commonly insured against and occasioned by accident resulting from any act or omission on or about coverage with respect to the Demised Premises and any appurtenances theretothe building of which they are a part in the amount of at least $3,000,000.00. Such policy is shall name Landlord (and any of its affiliates, subsidiaries, successors and assigns designated by Landlord) and Tenant as additional insureds. All such insurance required to be written maintained by Tenant shall be with an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect Tenant shall provide Landlord with copies or certificates of property damage. Said limits all policies required herein, including an endorsement providing that such insurance shall not be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten canceled or not renewed except after fifteen (1015) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due in writing to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to furnish such policies as hereinabove provided, Landlord may obtain such insurance and the premiums for such insurance shall be deemed additional rent paid by Tenant to Landlord on demand. To the extent that Tenant fails to take out or to maintain said all risk the aforesaid insurance policy, such failure shall be a defense to any claim asserted by Tenant against Landlord by reason of any loss sustained by Tenant due to fire or other casualty, notwithstanding that such loss might have been caused by the negligence of Landlord. Tenant shall be responsible for the safety and personal well-being of Tenant’s employees, both within the Demised Premises and in the Common Area. Tenant agrees that Landlord shall not be responsible or liable to Tenant or those claiming under Tenant (including, without limitation, Tenant’s agents, servants, employees, customers and invitees) for injury, death or damage or loss occasioned by the acts or omissions of persons occupying any other part of the Shopping Center or occasioned by the property of any other occupant of any part of the Shopping Center or the acts or omissions of any other person or persons present at the Shopping Center who are not occupants of any part thereof, whether or not such persons are present with the knowledge or consent of Landlord; and Tenant agrees to indemnify and hold Landlord. If Tenant is engaged in any way in the sale of alcoholic beverages, either for consumption of alcoholic beverages on or off the Demised Premises, Tenant will also maintain liquor liability insurance with the required waiver limits of subrogationnot less than $2,000,000.00 each common cause and $3,000,000.00 aggregate. If written on a separate policy from the commercial general liability policy, or fail to maintain the liability insurancesuch policy shall name Landlord (and any of its affiliates, naming Landlord subsidiaries, successors and assigns designated by Landlord) as an additional named insured, then Tenant . Such policy shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereincontain a cross liability endorsement or severability provision.

Appears in 1 contract

Samples: Shopping Center Lease Agreement

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effect, at all times during the Lease Term, the following: (a1) Tenant covenants to provide, on or before the Commencement Date, a comprehensive policy of general liability Commercial General Liability insurance naming Landlord as an additional named insured, insuring Tenant against liability for bodily injury, death, property damage and Landlord against any liability commonly insured against and occasioned by accident personal injury occurring at the Leased Premises, or resulting from any act Tenant’s use or omission on occupancy of the Leased Premises or the Building, Outside Areas, Property, or Common Areas or resulting from Tenant’s activities in or about the Premises and any appurtenances theretoLeased Premises. Such policy is to insurance shall be written by on an insurance company qualified to do business occurrence basis with a combined single limit of liability of not less than the amount of Tenant’s Required Liability Coverage (as set forth in the State of New Jersey reasonably satisfactory to LandlordArticle 1). The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds and shall contain the following additional endorsement: “The insurance afforded to the additional insureds is primary insurance. If the additional insureds have other insurance which is applicable to the loss on a contributing, excess or contingent basis, the amount of this insurance company’s liability under this policy shall not be reduced by the existence of such other insurance. Any insurance carried by the additional insureds shall be excess and non contributing with the insurance provided by the Tenant.” The policy shall not be canceled or reduced without at least 30 days written notice to additional insureds. If the policy insures more than one location, it shall be endorsed to show that the limits and aggregate apply per location. Tenant’s policy shall also contain the severability of interest and cross-liability endorsement or clauses. (2) Fire and property damage insurance in so-called Special Form plus earthquake and flood insuring Tenant against loss from physical damage to Tenant’s personal property, inventory, stock, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; (3) Plate-glass insurance, at actual replacement cost; (4) Product Liability insurance (including without limitation Liquor Liability insurance for liability arising out of the distribution, sale, or consumption of food and/or beverages including alcoholic beverages at the Leased Premises for not less than Three Million the Tenant’s Required Liability Coverage as set forth in Article 1; ($3,000,000.005) Dollars in respect of Workers’ compensation insurance and any one person, in respect of any one accident, and in respect of property damage. Said limits other employee benefit insurance sufficient to comply with all Laws which policy shall be subject endorsed to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten provide thirty (1030) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due cancellation to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Lease Agreement (ArcSoft, Inc.)

Tenant’s Insurance. (a) The Tenant's policies of insurance hereinbefore referred to will contain the following: provisions that the Landlord is protected notwithstanding any act, neglect or misrepresentation of the Tenant covenants to provide, on or before the Commencement Date, a comprehensive policy of general liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business which might otherwise result in the State avoidance of New Jersey reasonably satisfactory to Landlord. The policy shall claim under such policies will not be with limits not less than Three Million ($3,000,000.00) Dollars in respect affected or invalidated by any act, omission or negligence of any one person, in third party which is not within the knowledge or control of the insured(s); provisions that such policies and the coverage evidenced thereby will be primary and noncontributing with respect to any policies carried by the Landlord and that any coverage carried by the Landlord will be excess coverage; all insurance referred to above will provide for waiver of any one accident, the insurer's rights of subrogation as against the Landlord; and in respect provisions that such policies of property damage. Said limits shall insurance will not be subject to periodic review, and cancelled without the insurer providing the Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten thirty (1030) days written notice by certified or registered mail, return receipt requested, stating when such cancellation will be effective. The Tenant will further during the whole of the term maintain such other insurance in such amounts and in such sums as the Landlord may reasonably determine from time to time. Evidence satisfactory to the Landlord of any change or modification all such policies of said policy. At least ten (10) days prior insurance will be provided to the expiration Landlord upon request. The Tenant will not do, omit or termination date permit to be done or omitted upon the Premises anything which will cause any rate of insurance upon the Building or any policy, Tenant shall deliver a renewal or replacement policy with proof part of the payment Building to be increased or cause such insurance to be cancelled. If any such rate of insurance will be increased as previously mentioned, the Tenant will pay to the Landlord the amount of the premium therefor. (b) increase as Additional Rent. If any insurance policy upon the Building or any part of the Building is cancelled or threatened to be cancelled by reason of the use or occupancy by the Tenant covenants or any such act or omission, the Tenant will immediately remedy or rectify such use, occupation, act or omission upon being requested to do so by the Landlord, and representsif the tenant fails to so remedy or rectify, said representation being specifically designed to induce the Landlord to execute may at its option terminate this Lease, that Tenant's personal property Lease and fixtures and any other items which the Tenant may bring will immediately deliver up possession of the Premises to the Landlord. The Tenant will not at any time during the Term use, exercise, carry on or permit or suffer to be used, exercised, carried on, in or upon the Premises or any part of the Premises, any noxious, noisome or offensive act, trade business occupation or calling, and no act, matter or thing whatsoever will at any time during the said term be done in or upon the Premises, or any part Premises, which will or may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything grow to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with annoyance, nuisance, grievance, damage or disturbance of the required waiver occupiers or owners of subrogationthe Building, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinadjoining lands or premises.

Appears in 1 contract

Samples: Commercial Lease Agreement

Tenant’s Insurance. During the Term of this Lease, Tenant shall, at Tenant’s sole cost and expense and for the mutual benefit and protection of Landlord, Carve Out Space occupant/tenant, Landlord’s Fee Mortgagee and Tenant: (ai) Tenant covenants to provide, on or before shall keep the Commencement Date, a comprehensive policy of general liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly Building insured against loss with extended coverage, malicious mischief, storm damage, if available, and occasioned against such other risks in such amounts as Landlord in its reasonable discretion deems appropriate and necessary and (ii) maintain insurance against loss by accident resulting from any act fire with extended coverage, malicious mischief, storm and sprinkler damage, covering all fixtures equipment, improvements or omission on betterments installed or made by Tenant in or about the Premises to the extent of full (100%) of their replacement value, (exclusive of the cost of land, foundation and footings), all with waiver of right in all such insurance policies to recover by way of subrogation against Landlord, the occupant/tenant of the Carve Out Space, and Tenant, with insurance companies of recognized responsibility authorized and licensed to issue such policies in the State of New York, reasonably acceptable to Landlord, and shall maintain such insurance at all times during the term of this Lease. Tenant shall pay the premiums in said policies and furnish proof of payment to Landlord as they accrue, and if not so paid, Landlord may, at its option, pay such premiums. All premiums paid by Landlord shall be deemed additional rent due and payable on the next rent day or subsequent rent day and payments of such premiums by Landlord shall not be deemed a waiver of the default in payment by Tenant. In lieu of delivering insurance policies, Tenant may furnish a Certificate of Insurance under a blanket insurance policy covering other premises of Tenant, provided that an endorsement is contained thereon naming Landlord as the insured and beneficiary Landlord owner of the Premises and fixing a separate value for the coverage allocable to the Premises. Notwithstanding the above, Tenant shall not be required to insure its manufacturing equipment for Landlord’s benefit. B. Tenant shall, upon the Commencement Date and during the Term of this Lease, at Tenant’s sole cost and expense, provide and keep in force for the benefit of Landlord and Tenant as their interests may appear, comprehensive general public liability insurance policy or policies of standard form in the State of New York, with limits of Five Million ($5,000,000.00) combined single limit, such policy or policies to cover the Premises, inclusive of sidewalks and parking facilities, against claims for bodily injury, death and/or property damage occurring upon, in, about or adjacent to the Premises or on, in or about any easement or appurtenances theretotherewith belonging, or any part thereof; with waiver of right in all such insurance policies to recover by way of subrogation against Landlord, the occupant/tenant of the Carve Out Space, and Tenant, with insurance companies of recognized responsibility authorized and licensed to issue such policies in the State of New York, reasonably acceptable to Landlord, and shall maintain such insurance at all times during the term of this Lease. Such policy is The policies in this Section 4.04 shall be obtained by Tenant and certificates thereof delivered to Landlord upon the commencement of the term thereof, with evidence of payment of the premiums thereon and shall be written by an taken in well rated insurance company qualified companies authorized to do business in the State of New Jersey reasonably satisfactory to LandlordYork. The policy All such policies shall contain an endorsement stating that such insurance may not be with limits cancelled or amended except upon not less than Three Million thirty ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (1030) days prior written notice to Landlord and any designee of Landlord. C. All insurance provided for in this paragraph shall be effected under valid and enforceable policies issued by insurers of recognized responsibility. Policies may include primary and "umbrella" levels of insurance, and the expiration policies may be "blanket" policies which cover the Premises and additional locations. All losses shall be adjusted with the applicable insurance companies by Landlord, and shall be paid to Landlord or termination date as directed by Landlord. D. During the Term of any policythis Lease, Tenant shall deliver a renewal maintain xxxxxxx’x compensation insurance covering all persons employed by the Tenant and with respect to whom death or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants bodily injury claims could be asserted against Landlord. In addition to which, prior to any construction, repairs, alterations and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring additions to the Premises which may be subject by Tenant, Tenant shall restrict access to the Premises by any claim for damages contractor unless such contractor has a certificate of insurance on file with the Tenant and Landlord covering xxxxxxx’x compensation and reasonably sufficient liability insurance. E. Upon Tenant’s failure to comply in full with this Article 4, the Landlord shall have the right, but not the obligation, to obtain said insurance as required to protect the Landlord’s interests, pay the premiums therefor, and add said premiums to the monthly installment of Fixed Rent next due. F. Landlord, nor their respective agents or destruction due to Landlord's negligence employees, shall be fully insured liable to the Tenant or to anyone claiming through or under them by a policy way of subrogation or otherwise, for loss or damage of the type normally covered by fire and "ALL-RISK" and public liability insurance covering all risks with no deductible which policy buildings or contents. Tenant shall specifically provide for cause its insurance policies to contain clauses or endorsements that the aforesaid releases shall not adversely affect or impair a waiver party’s rights to recover under said insurance policies. In addition, it is understood and agreed that if any such liability shall exceed the amount of subrogation for Landlord the effective and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to collectable insurance in question, the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinliable for such excess.

Appears in 1 contract

Samples: Lease Agreement (Comtech Telecommunications Corp /De/)

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Tenant’s Insurance. Tenant, at its own expense, shall provide and keep in force with companies reasonably acceptable to Landlord public liability insurance for the benefit of Landlord and Tenant jointly against liability for bodily injury and property damage in the amount at the beginning of the Term of not less than $2,000,000.00 combined single limit (awhich may be by virtue of an umbrella policy). Landlord hereby consents to the Hartford Company as Tenant's insurer, and shall not withhold consent to any insurer with a rating at least as good as The placeCityHartford as of the date of this Lease. Tenant shall keep all of Tenant's fixtures, furniture, furnishings, and equipment insured against loss or damage by fire or other hazards included within the usual "all risk" insurance in an amount not less than 100% of the full insurable replacement value thereof. Tenant shall furnish Landlord with certificates of such policies within thirty (30) Tenant covenants to provide, on or before days after the Commencement Date, a comprehensive policy Date of general liability insurance naming this Lease and whenever required shall satisfy Landlord as an additional named insured, insuring Tenant that such policies are in full force and Landlord against any liability commonly insured against and occasioned by accident resulting effect. All such policies shall be obtained from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company responsible companies qualified to do business in the State placePlaceTypeCommonwealth of New Jersey PlaceNameMassachusetts and in good standing therein and shall be in a form reasonably satisfactory to approved by Landlord. The policy Such policies shall name Landlord and Landlord's first mortgagee as additional insureds and shall be primary and non-contributing with limits any insurance carried by Landlord. All such policies shall further provide that such policies shall not less than Three Million be cancelled or altered without at least thirty ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (1030) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due written notice to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Lease Agreement (Bridgeline Software, Inc.)

Tenant’s Insurance. (a) Tenant covenants shall procure and maintain throughout the Term a policy or policies of insurance, in form and substance reasonably satisfactory to provideLandlord, on or before the Commencement Date, a comprehensive policy of general liability insurance naming Landlord as an additional named insuredat Tenant’s sole cost and expense, insuring both Landlord, and Landlord’s mortgagee, if any, and Tenant against all claims, demands or actions arising out of or in connection with: (i) Tenant’s operations in and Landlord against any maintenance and use of the Premises; and (ii) Tenant’s liability commonly insured against and occasioned by accident resulting from any act assumed under this Lease; the limits of such policy or omission on or about the Premises and any appurtenances thereto. Such policy is policies to be written by an insurance company qualified to do business in the State amount of New Jersey not less than $3,000,000 per occurrence in respect of injury to persons (including death), and in the amount of not less than $250,000 per occurrence in respect of property damage or destruction, including loss of use thereof. All such policies shall be procured by Tenant from responsible insurance companies reasonably satisfactory to Landlord. The policy Insurance certificates evidencing such coverage, together with receipts evidencing payment of premiums therefor, shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, delivered to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforCommencement Date. (b) Tenant covenants shall maintain fire and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property extended coverage insurance insuring the Improvements and fixtures Premises against damage or loss from fire or other casualty with companies and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due in reasonable amounts acceptable to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insuranceat Tenant’s sole expense, naming Landlord and any mortgagee as an additional named insured. Tenant will furnish Landlord evidence of coverage and payment of premiums at all times. As often as any of Tenant’s policies provided for herein shall expire or terminate, then Tenant renewal or additional policies upon the same terms shall be in default hereunder procured and shall be deemed to have breached maintained by Tenant. If Tenant does not comply with its covenants in this Section, Landlord may obtain the insurance described herein, and in such event, Tenant agrees to pay, as set forth hereinadditional rent, the premium for such insurance upon Landlord’s demand.

Appears in 1 contract

Samples: Lease Agreement (Copart Inc)

Tenant’s Insurance. (a) Tenant covenants to provideSection 8.01. Tenant, on or before the Commencement Dateat its sole expense, a comprehensive policy of general shall maintain liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against any with liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is limits for injury to be written by an insurance company qualified to do business in the State persons of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Two Million and 00/100 ($3,000,000.002,000,000.00) Dollars in respect of any one person, in respect of any one accidentper person and Two Million and 00/100 ($2,000,000.00) Dollars per occurrence, and in respect for injury to property of property damagenot less than One Million and 00/100 ($1,000,000.00) Dollars per occurrence, insuring against all liability arising out of the use or occupancy of the Demised Premises. Said limits All such insurance shall be subject to periodic reviewinsure performance by Tenant of the indemnity provisions of Article XV and shall name Landlord, Tenant and Landlord reserves the right to increase said coverage limits if, such other persons with an interest in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in Shopping Center as Landlord shall designate as the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforinsureds. (b) Section 8.02. Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's ’s personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's ’s negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building Shopping Center tenants without regard as to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein, and such breach shall constitute an Event of Default, unless Tenant cures such breach within the applicable grace period provided in Article XVIII. Section 8.03. Tenant shall insure the improvements on the property in an amount equal to the full replacement value of the improvements. Such replacement value shall be determined from time to time but not more frequently than once in any one sixty (60) consecutive calendar months at the request of Landlord by an appraiser, architect or contractor who shall be mutually and reasonably acceptable to Landlord and Tenant. A. Xxxxxxxxx proceeds shall be held in an interest bearing account maintained by the attorneys for Landlord and Tenant or if Tenant’s Mortgagee so requires, then such insurance proceeds shall be held by Tenant’s Mortgagee, The proceeds shall first be used to pay Tenant’s mortgage, if Tenant’s Mortgagee so elects, and the balance shall be used to construct or reconstruct buildings or improvements having value substantially equivalent to or greater than the value of the building(s) or improvement(s) damaged or destroyed. Tenant shall be responsible to provide any additional funds above available insurance proceeds to complete the reconstruction. Progress payments for reconstruction shall be paid to Tenant upon the written request of Tenant which shall be accompanied by reasonable evidence signed by Tenant, or the executive officer of Tenant, or by the architect or engineer in charge of such construction, dated not more than thirty (30) days prior to such request, setting forth the following: B. That the sum then requested either has been paid by Tenant, or is justly due to contractors, subcontractors, material men, engineers, architects or other persons who have rendered services or furnished materials for the restoration therein specified, and giving a brief description of such services and materials and the several amounts so paid or due to each of said persons in respect thereof, and stating that no part of such expenditures has been or is being made the basis, in any previous or then pending request, for the payment of such monies or has been made out of the proceeds of such monies received by Tenant, and that the sum then requested does not exceed the value of the services and materials described in the certificate. C. That except for the amount, if any, stated pursuant to the foregoing sub clause A in such certificate to be due for services and materials, there is no outstanding indebtedness shown on Tenant’s books or known to the person signing such certificate, after due inquiry, for which payment was made under any prior requisition for labor, wages, materials, supplies or services in connection with such construction work, which if unpaid, might become the basis of a vendor’s, mechanics, laborer’s or material men’s statutory or similar lien upon such construction or upon the Demised Premises or any part thereof. D. An official search of the public records or a search of a title insurance company doing business in the State of New Jersey showing that there has not been filed with respect to the Demised Premises, or any part thereof, any vendor’s mechanic’s, laborer’s, material men’s or like lien, which has not been discharged or record, except such as will be discharged by payment of the amount then requested. E. If the net money as aforesaid at the time held by the attorneys for Landlord and Tenant, or Tenant’s mortgagee, as the case may be, shall be insufficient to pay the entire cost of such construction, Tenant shall pay the deficiency. If, on the other hand, there are any surplus funds held by such attorneys or mortgagee, as the case may be, after payment of all costs of restoration, such funds shall be paid over to Tenant. Section 8.04. All insurance required under this Lease shall be issued by insurance companies of recognized responsibility which are authorized to do business in the State, having a Best Rating of B+ or better. Tenant, prior to entering on the Demised Premises, shall deliver to Landlord each policy or a certificate evidencing such policy, together with evidence of payment of premiums for all policies of insurance required to be maintained by Tenant pursuant to the terms of this Lease. Within thirty (30) days prior to the anniversary date of each policy of insurance required to be maintained by Tenant pursuant to the terms of this Lease, Tenant shall deliver to Landlord evidence of renewal of such policies, together with evidence of payment of premiums for all such policies. Each policy shall be issued as a primary policy not contributing with and not in excess of coverage of any insurance which Landlord may carry, and shall contain an endorsement requiring thirty (30) days’ written notice from the insurance company to Landlord before cancellation or change in the coverage, scope or amount of any policy.

Appears in 1 contract

Samples: Lease Agreement (Yardville National Bancorp)

Tenant’s Insurance. A. Tenant shall procure and maintain policies of insurance, at its own cost and expense through the New Mexico Public Schools Insurance Authority for liability of Tenant and its "public employees" as defined in the Tort Claims Act (aNMSA 1978, Section 41-4-1 et. seq.) Tenant covenants in amounts prescribed by the Tort Claims Act, causing Landlord to provide, be named as an additional insured on or before the Commencement Date, a comprehensive such policy of insurance but only in respect of liability arising out of Tenant's actions on the Premises. Certificates of Tenant's insurance policies shall be deposited with Landlord as requested by Landlord during the term of this Lease. B. Landlord shall carry its own general liability insurance naming Landlord as in respect of liability related to or connected with the Premises for bodily injury to or personal injury to or death of any person or persons, or for damage to property in an amount of no less than legally required. Tenant shall be an additional named insuredinsured on such policy. C. Landlord shall carry a policy or policies of insurance, at its sole cost and expense, insuring Landlord and Landlord's lender, if any, against property loss or damage to the Premises in an amount equal to the replacement cost thereof. X. Xxxxxx shall, from the execution of this lease, carry commercial tenant's property insurance, covering against all risks of physical loss to the contents of the Premises, including without limitation, the furniture, fixtures and equipment, in an amount equal to full replacement cost. E. Tenant and Landlord against will not conduct or permit to be conducted any liability commonly insured against and occasioned by accident resulting from activity or place any act or omission on equipment in or about the Premises Premises, which will in any way increase the rate of fire insurance or other insurance on the Building; and if any appurtenances thereto. Such policy increase in the rate of fire insurance or other insurance is stated by any insurance company or by the applicable insurance rating bureau to be written by an insurance company qualified due to do business activity or equipment of Tenant in or about the State of New Jersey reasonably satisfactory to Landlord. The policy Premises, such statement shall be with limits not less than Three Million ($3,000,000.00) Dollars evidence that the increase in respect of any one person, in respect of any one accidentsuch rate is due to such activity or equipment, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain as a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policyresult thereof, Tenant shall deliver a renewal or replacement policy with be liable for such increase and shall reimburse Landlord therefore. F. Tenant shall at all times maintain Worker's Compensation insurance covering its employees in and about the Premises as required by law and shall provide Landlord proof of the payment of the premium thereforsuch insurance upon request. (b) Tenant covenants and representsG. If the Premises, said representation being specifically designed or Tenant’s personal property or fixtures in the Premises, shall be damaged or destroyed by a casualty required to induce Landlord to execute be insured against under the terms of this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages whether or not such damage or destruction due is caused, or claimed to be caused, by the neglect or misconduct of Landlord or Tenant, or any of their respective officers, employees, agents, contractors, or invitees, neither Landlord's negligence , Tenant, nor their respective insurance companies shall be fully insured have any right of action, by a way of subrogation or otherwise, against Landlord or Tenant, or any of their officers, employees, agents, contractors, or invitees, arising from such damage or destruction, and each policy of insurance covering all risks with no deductible which policy required by this Lease shall specifically provide for a waiver and release by the insurer of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinany such right.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. To maintain (a) at all times during the term of this lease and at Tenant’s expense All Risk Property insurance including coverage of the full replacement value of Tenant’s improvements, betterments, furniture, fixtures, equipment and contents. The insurer used by Tenant covenants hereunder shall waive rights of subrogation against Landlord for losses payable under such All Risk Property insurance; (b) at all times during the term of this lease and at Tenant’s expense a commercial general liability insurance policy (hereinafter referred to provideas a “Liability Policy”). Such Liability Policy shall include Landlord (and any other party reasonably required by Landlord), as Additional Insured and be written on an “occurrence basis” including, without limitation, blanket contractual liability coverage, broad form property damage, and personal injury coverage protecting Landlord against liability (except for liability resulting from gross negligence or willful misconduct of Landlord) occasioned by any occurrence on or before about the premises. Such Liability Policy shall be maintained in an amount not less than $1,000,000 for a single occurrence limit and $2,000,000 for an aggregate limit, and, in addition, $5,000,000 per single occurrence and $5,000,000 per aggregate of excess or umbrella liability insurance; (c) at all times during the term of this lease and at Tenant’s expense such other insurance or such additional amounts of insurance with respect to the leased property as is generally maintained by persons having similar exposures or properties similarly situated and as the Landlord shall from time to time reasonably require. All policies of insurance maintained by Tenant shall be in a form acceptable to Landlord with an A.M. Best rating of at least (A-)(VIII); issued by an insurer reasonably acceptable to Landlord and licensed to do business in The Commonwealth of Massachusetts; and require at least thirty (30) days written notice of cancellation, non-renewal or material alteration to Landlord and to Landlord’s mortgagee(s), and those who are named as additional insureds. If requested by Landlord, Tenant shall, upon the Commencement Date, a comprehensive policy of general liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not thereafter no less than Three Million thirty ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (1030) days prior to the expiration or termination date of any each such policy, deliver to Landlord or Landlord’s designated representative insurance certificates and written evidence satisfactory to Landlord that all premiums have been paid and all policies are in effect. If Tenant fails to secure or maintain any insurance coverage required by Section A above, or should insurance secured not be approved by Landlord (which approval shall not be unreasonably withheld), Landlord may, without obligation, purchase such required insurance coverage at Tenant’s expense. Tenant shall deliver a renewal or replacement policy with proof promptly reimburse Landlord for any monies so expended. Landlord shall keep all of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to ’s employees working in the Premises which may be subject covered by worker’s compensation insurance in statutory amounts and to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks furnish Landlord with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereincertificates thereof.

Appears in 1 contract

Samples: Lease Agreement (Lightspace Corp)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effect, at all times during the Lease Term, the following: (a1) Tenant covenants to provide, on or before the Commencement Date, a comprehensive policy of general liability Commercial General Liability insurance naming Landlord as an additional named insured, insuring Tenant against liability for bodily injury, death, property damage and Landlord against any liability commonly insured against and occasioned by accident personal injury occurring at the Leased Premises, or resulting from any act Tenant's use or omission on occupancy of the Leased Premises or the Building, Outside Areas, Property, or Common Areas or resulting from Tenant's activities in or about the Premises and any appurtenances theretoLeased Premises. Such policy is to insurance shall be written by on an insurance company qualified to do business occurrence basis with a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage (as set forth in the State of New Jersey reasonably satisfactory to LandlordArticle I). The policy or policies shall be with limits endorsed to name Landlord and such others as are designated by Landlord as additional insureds and shall contain the following additional endorsement: "The insurance afforded to the additional insureds is primary insurance. If the additional insureds have other insurance which is applicable to the loss on a contributing, excess or contingent basis, the amount of this insurance company's liability under this policy shall not less than Three Million ($3,000,000.00) Dollars in respect be reduced by the existence of any one person, in respect of any one accident, and in respect of property damagesuch other insurance. Said limits Any insurance carried by the additional insureds shall be subject to periodic review, excess and Landlord reserves non contributing with the right to increase said coverage limits if, in insurance provided by the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said Tenant." The policy shall contain a provision for ten (10) not be canceled or reduced without at least 30 days written notice by certified to additional insureds. If the policy insures more than one location, it shall be endorsed to show that the limits and aggregate apply per location. Tenant's policy shall also contain the severability of interest and cross-liability endorsement or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforclauses. (b2) Fire and property damage insurance in so-called Special Form insuring Tenant covenants and represents, said representation being specifically designed against loss from physical damage to induce Landlord to execute this Lease, that Tenant's personal property and property, inventory, stock, trade fixtures and any other items which Tenant may bring to improvements within the Leased Premises which may be subject to any claim with coverage for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall the full actual replacement cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability thereof; (3) Plate-glass insurance, naming Landlord as an additional named insured, then Tenant at actual replacement cost; (4) Product Liability insurance shall not be in default hereunder and shall be deemed to have breached its covenants as set forth hereinrequired by Landlord.

Appears in 1 contract

Samples: Sublease (Va Software Corp)

Tenant’s Insurance. (a) Unless expressly waived in writing by Landlord or procured by Landlord and assessed as an Operating Cost, Tenant covenants to provideshall, on at its cost and expense, procure and maintain in force during the term of this Lease, and any extension or before the Commencement Daterenewal thereof, a comprehensive policy or policies of general liability insurance written by one or more responsible insurance carriers approved by Landlord, naming Landlord as an additional named insuredinsured (unless specified otherwise), and providing comprehensive public liability insurance, including bodily injury and property damage, insuring Tenant and Landlord against any liability commonly insured against and occasioned all claims, demands or actions caused by accident resulting from any act conditions or omission activities in, on or about the Premises Demised Premises, with limits of not less than S500,000.00 per person and any appurtenances thereto$1,000,000.00 per occurrence for injury to persons, including death resulting therefrom and $1,000,000.00 per occurrence for damage to the property of others, or in the alternative, a $1,000,000.00 combined single limit bodily injury and property damage policy, with no more than a $5,000.00 deductible clause. Such policy is to required policies of insurance shall not be cancelable without at least thirty (30) days' prior written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory notice to Landlord. The policy Tenant shall be provide Landlord with limits not less than Three Million ($3,000,000.00) Dollars in respect proof of any one person, in respect such required insurance prior to the commencement of any one accidentthis Lease, and in respect during the term hereof, with the original renewal policy of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten insurance at least thirty (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (1030) days prior to the expiration or termination date of such policy. Within fifteen (15) days after the premium on any policypolicy shall become due and payable, Tenant shall deliver a furnish Landlord with satisfactory evidence of such payment. If such insurance policies are not kept in force during the entire term of this Lease or any extension or renewal or replacement policy with proof of hereof, Landlord may procure the payment of necessary insurance and pay the premium therefor. (b) Tenant covenants , and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence such premium shall be fully insured repaid to Landlord as additional rent for the month following the date on which such premiums are paid. All insurance by a policy of insurance covering all risks with no deductible which policy Tenant as herein required shall specifically provide for a waiver contain an express waver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to by the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereininsurer against Landlord.

Appears in 1 contract

Samples: Lease Agreement (Healthcomp Evaluation Services Corp)

Tenant’s Insurance. Tenant shall keep in force at its own expense, so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements installed in the Premises by or on behalf of Tenant covenants whether pursuant to providethe terms of Section 10, on or before otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits (d) insurance covering all plate and other interior glass in the Premises for and in the name of Landlord and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. Such policies shall be maintained with companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a non-deductible (i) comprehensive policy of general liability insurance naming Landlord policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or similar insurance in form and amounts as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned required by accident resulting from any act law. In the event of damage to or omission on or about destruction of the Premises and any appurtenances theretothe termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 10, or otherwise. Such policy If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be written by an terminated, Landlord may at its option cause such insurance company qualified as it in its sole judgment deems necessary to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentissued, and in respect of property damage. Said limits shall be subject such event Tenant agrees to periodic reviewpay promptly upon Landlord’s demand, and Landlord reserves as additional rent the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision premiums for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforsuch insurance. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Lease Agreement (Integral Systems Inc /Md/)

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) Tenant covenants to provide, on or before the Commencement Date, a comprehensive policy of commercial general liability (including bodily injury, death and property damage) insurance naming Landlord as on an additional named insuredoccurrence basis with respect to the business carried on, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting in or from any act or omission on or about the Leased Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State Tenant's use and occupancy thereof of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars 2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and claims by the Tenant as if the Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor.were separately insured; (b) Tenant covenants insurance, for the full replacement cost in respect of fire and representssuch other perils, said representation being specifically designed including sprinkler leakage as are from time to induce Landlord to execute this Lease, that time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's personal property and trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other items provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which Tenant may bring the Landlord has no reasonable objection, shall provide that such insurers shall deliver to the Premises which may be subject to Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver right of subrogation for against the Landlord. The Landlord and all Building tenants without regard may require the Tenant to whether furnish certificates or not same shall cost an additional premium and notwithstanding anything other evidence acceptable to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then to the insurance from time to time required to be effected by the Tenant shall be and its renewal or continuation in default hereunder and shall be deemed to have breached its covenants as set forth hereinforce.

Appears in 1 contract

Samples: Lease Agreement (Current Technology Corp)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on or before at Tenant’s expense, obtain and keep in force during the Commencement Dateterm of this Lease, a comprehensive policy of commercial general liability insurance naming Landlord as an additional named insured, policy insuring Tenant and protecting Landlord and the Landlord Entities against any liability commonly insured to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and occasioned by accident resulting from any act property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or omission on or about maintenance of the Premises Premises. Such insurance shall be a combined single limit policy in an amount not less than TWP MILLION DOLLARS ($2,000,000.00) per occurrence with a THREE MILLION DOLLAR ($3,000,000.00) annual aggregate. Landlord, the Landlord Entities and any appurtenances thereto. Such policy is to lender and any other party in interest designated by Landlord shall be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlordnamed as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be with limits primary, not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentcontributing with, and not in respect excess of property damagecoverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term of this Lease. Said The limits of said insurance shall be subject to periodic reviewnot limit any liability of Tenant hereunder. Not more frequently than every year, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and the amount of liability insurance required hereunder is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policynot adequate, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforpromptly increase said insurance coverage as required by Landlord. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Office Lease (Insweb Corp)

Tenant’s Insurance. (a) Tenant covenants and agrees to provide, provide at its expense on or before the Commencement DateDate and to keep in force, a during the: Term naming Landlord and Tenant as insured parties: (i) comprehensive policy of general liability insurance naming including, but not limited to, premises operations, blanket contractual insurance, broad form property damage, independent contractor's coverage and personal injury coverage, protecting Landlord as an additional named insured, insuring and Tenant and Landlord against any liability commonly insured against and whatsoever, occasioned by accident resulting from any act or omission occurrence on or about the Leased Premises and or any appurtenances thereto. Such policy is to be written by an insurance company qualified companies licensed to do business in the State of New Jersey reasonably York and satisfactory to Landlord. The policy , and shall be in a form and in such limits as Landlord may reasonably require with minimum limits of liability thereunder of not less than Three Million $5,000,000 per occurrence for bodily or personal injury (including death) and in the amount of $3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and 1,000,000 per occurrence in respect of property damage. Said limits shall be subject to periodic review, . (ii) standard all-risk fire and Landlord reserves the right to increase said coverage limits if, casualty insurance covering Tenant's contents in the reasonable opinion Building. Such insurance may be carried under blanket policies covering the Leased Premises and other locations of LandlordTenant, said if any, provided that each such policy shall in all respects comply with this Article and shall specify that the portion of the total coverage becomes inadequate and of such policy that is less than that commonly maintained by tenants in similar buildings allocated to the Leased Premises is in the area amounts required to be carried by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mailTenant and thereafter, return receipt requested, to Landlord of any change or modification of said policy. At at least ten (10) 15 days prior to the expiration or termination effective date of any such policy, Tenant shall agrees to deliver to Landlord either a renewal or replacement policy with proof duplicate original of the payment aforesaid policies or a certificate evidencing such insurance. Said certificates shall contain an endorsement that such insurance may not be canceled except upon 30 days' prior notice to Landlord. Such certificates shall also have the indemnity clause set forth herein typed on the certificates evidencing that the "hold harmless" clause has been insured. Tenant's failure to provide and keep in force the aforementioned insurance shall be regarded as a material default hereunder entitling Landlord to exercise any or all of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute remethes provided in this Lease, that Lease in the event of Tenant's personal property default. "Tenant shall pay on behalf of and fixtures indemnify, defend and save Landlord harmless from and against any other items which Tenant may bring to the Premises which may be subject to any claim loss, liability, cost and expense, including reasonable attorneys' fees, (except for damages or destruction due to those expenses arising out of Landlord's negligence shall be fully insured provision of the services which Landlord is obligated to provide pursuant to Article Five of the Agreement of Lease between (Landlord] and [Tenant] dated _________, 1992 (the "Lease") arising from the use or occupation of the Leased Premises by a policy Tenant or anyone in the Leased Premises with Tenant's permission and or from any breach of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.Lease by Tenant"

Appears in 1 contract

Samples: Lease Agreement (Entex Information Services Inc)

Tenant’s Insurance. (a) Tenant covenants shall maintain, at its own cost and expense, in responsible companies approved by Landlord, combined single limit commercial general liability insurance, insuring Tenant, against all claims, demands or actions for bodily injury, personal injury or death of any one person in an amount of not less than $1,000,000.00; and for bodily injury, personal injury or death of more than one person in any one accident in an amount of not less than $3,000,000.00; and for damage to provide, on or before property in an amount of not less than $1,000,000.00. Landlord shall have the Commencement Date, a comprehensive right to direct Tenant to increase such amounts whenever it reasonably considers them inadequate. Such liability insurance shall also cover and include all exterior signs maintained by Tenant. The policy of insurance may be in the form of a general liability coverage or floater policy covering these and other premises, provided that Landlord is specifically insured therein. Tenant shall carry like coverage against loss or damage by boiler or compressor or internal explosion of boilers or compressors, if there is a boiler or compressor in the Premises. Tenant shall maintain fire insurance naming against loss or damage by fire or windstorms, with such endorsements for extended coverage, vandalism, malicious mischief and special extended coverage as Landlord as an additional named insuredmay require, insuring Tenant covering 100% of the replacement costs of any items of value, including but not limited to signs, stock, inventory, fixtures, improvements, floor coverings and Landlord against any liability commonly insured against equipment. All of said insurance shall be in form and occasioned in responsible companies (rated at least A Plus VII by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business Best's Insurance Reports) licensed in the State of New Jersey reasonably Florida satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall provide that it will not be subject to periodic reviewcancellation, and Landlord reserves the right termination or change except after at least thirty (30) days' prior written notice to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained . Any insurance procured by tenants in similar buildings in the area by tenants making similar uses. Said policy Tenant as herein required shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord an express waiver of any change or modification right of said policysubrogation by the insurance company against Landlord. At least ten (10) days prior to Landlord shall be an additional insured on all insurance policies required hereunder. A certificate from the expiration or termination date insurer on Form ACCORD 27 acknowledging the insurance company's compliance with all conditions for the benefit of any policyLandlord hereunder, Tenant shall deliver a renewal or replacement policy , together with proof satisfactory evidence of the payment of the premium therefor. premiums thereon, shall be deposited with Landlord on the day Tenant begins operations. Thereafter, Tenant shall provide Landlord with a certificate from the insurer on Form ACCORD 27 and evidence of proof of payment upon renewal of such policy, not less than thirty (b30) days prior to expiration of the term of such coverage. In the event Tenant covenants and representsfails to timely obtain or maintain the insurance required hereunder, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures may obtain same and any other items which reasonable costs incurred by Landlord in connection therewith shall be payable by Tenant may bring upon demand. Landlord shall carry commercial general liability insurance (in amounts similar to those required of Tenant hereinabove) covering the common areas of the Building, including but not limited to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord sidewalks, malls and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinparking lot.

Appears in 1 contract

Samples: Office Lease (Ibasis Inc)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on or before at Tenant's expense, obtain and ------------------ keep in force during the Commencement Dateterm of this Lease, a comprehensive policy of commercial general liability insurance naming Landlord as an additional named insured, policy insuring Tenant against the risks of, bodily injury and Landlord against any property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability commonly insured against and occasioned by accident resulting from any act arising out of the ownership, use, occupancy or omission on or about maintenance of the Leased Premises and any appurtenances all areas appurtenant thereto. Such insurance shall be a combined single limit policy is to in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLAR ($2,000,000.00) annual aggregate. Landlord and any lender and any other party in interest designated by Landlord shall be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlordnamed as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be with limits primary, not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentcontributing with, and not in respect excess of property damagecoverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term of this Lease. Said The limits of said insurance shall be subject to periodic reviewnot limit any liability of Tenant hereunder. Not more frequently than every year, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and the amount of liability insurance required hereunder is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policynot adequate, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforpromptly increase said insurance coverage as required by Landlord. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Office Lease (Blaze Software Inc)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on or before at Tenant’s expense, obtain and keep in force during the Commencement Dateterm of this Lease, a comprehensive policy of commercial general liability insurance naming Landlord as an additional named insured, policy insuring Tenant and protecting Landlord and the Landlord Entities against any liability commonly insured to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and occasioned by accident resulting from any act property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or omission on or about maintenance of the Premises Leased Premises. Such insurance shall be a combined single limit policy in an amount not less than THREE MILLION DOLLARS ($3,000,000.00) per occurrence with a FIVE MILLION DOLLAR ($5,000,000.00) annual aggregate. Landlord, the Landlord Entities and any appurtenances thereto. Such policy is to lender and any other party in interest designated by Landlord shall be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlordnamed as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall be with limits primary, not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentcontributing with, and not in respect excess of property damagecoverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term of this Lease. Said The limits of said insurance shall be subject to periodic reviewnot limit any liability of Tenant hereunder. Not more frequently than every three (3) years, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and the amount of liability insurance required hereunder is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policynot adequate, Tenant shall deliver a renewal or replacement policy with proof of promptly increase said insurance coverage as required by Landlord so long as Landlord has required the payment of other similarly situated tenants in the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed Building to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring similarly increase their insurance coverage to the Premises which may be subject extent Landlord has the right under the leases with such other tenants to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy require such increases in the amount of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Office Lease (Terns Pharmaceuticals, Inc.)

Tenant’s Insurance. (a) Tenant covenants to provideThe Tenant, on or before at Tenant's sole cost and expense, shall maintain and keep in effect through the Commencement Date, a comprehensive policy of Lease Term general public liability insurance naming against loss or liability in connection with bodily injury or death or property damage or destruction in or upon the Premises arising out of the use of any portion of the Premises by the Tenant or its agents employees, officers, invitees, visitors and guests. It shall have limits as may be reasonably required by Landlord as an additional named insuredfrom time to time, insuring but in any event, not less than $500,000.00 per person, $1,000,000.00 per occurrence for bodily injury and $50,000.00 property damage. The insurance coverage required of Tenant and Landlord against shall, in addition, extend to any liability commonly insured of Tenant arising out of Tenant indemnities or obligations under this Lease. However, the insurance policy shall not cover the obligation of Tenant to pay Rent or Additional Rent to Landlord under this Lease. The Tenant shall also provide insurance covering Tenant's improvements and property insurance covering all of the items included in Tenant's leasehold improvements, including alterations, heating, ventilation and air conditioning equipment, trade fixtures and personal property in or upon the Premises, in an amount not less than their full replacement cost during the Lease Term, which provides protection against perils included within the standard Maryland form of fire and occasioned by accident resulting from any act or omission on or about the Premises extended coverage insurance policy, together with coverage against sprinkler damage, vandalism and any appurtenances theretomalicious mischief. Such policy is policies aforesaid shall name the Landlord, any other parties in interest designated by Landlord from time to time, and the Tenant as the insured parties; shall provide that they shall not be cancelable without at least thirty (30) days prior written notice to the Landlord; and shall be issued by an insurance company qualified insurers of recognized responsibility, licensed to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policyMaryland. At least ten (10) days prior to the expiration or termination date commencement of any policythe Lease Term, Tenant shall present to Landlord a certificate of insurance, acceptable to Landlord or the originals or a signed duplicate copy of such policies shall be delivered by the Tenant to the Landlord, and at least thirty (30) days before any such policy shall expire, the Tenant shall deliver the original or a renewal or signed duplicate of a replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages Landlord or destruction due a Certificate of Insurance acceptable to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Purchase Agreement (United American Healthcare Corp)

Tenant’s Insurance. (a) Tenant covenants to provideshall maintain insurance complying with all of the following: Tenant shall procure, on or before pay for and keep in full force and effect, at all times during the Commencement DateLease Term, a comprehensive policy of general liability the following; Commercial General Liability insurance naming Landlord as an additional named insured, insuring Tenant against liability for bodily injury, death, property damage and Landlord against any liability commonly insured against and occasioned by accident personal injury occurring at the Leased Premises, or resulting from any act Tenant's use or omission on occupancy of the Leased Premises or the Building, Outside Areas, Property, or Common Areas or resulting from Tenant's activities in or about the Premises and any appurtenances theretoLeased Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage (as set forth in Article 1). The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds in the form equivalent to CG20111185 or successor and shall contain the following additional endorsement: "The insurance afforded to the additional insureds is primarily insurance. If the additional insureds have other insurance which is applicable to the loss on a contributing, excess or contingent basis, the amount of this insurance company's liability under this policy shall not be reduced by the existence of such other insurance. Any insurance carried by the additional insureds shall be excess and non contributing with the insurance provided by the tenant." The policy shall not be canceled or reduced without at least 30 days written notice to additional insureds. If the policy insures more than one location, it shall be endorsed to show that the limits and aggregate apply per location using endorsement CG25041185 or successor. Tenant's policy shall also contain the severability of interest and cross-liability endorsement or clauses. Fire and property damage insurance in so-called Special Form insuring Tenant against loss from physical damage to Tenant's property and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; Boiler and machinery insurance, if applicable; including without limitation Liquor Liability insurance for liability arising out of the distribution, sale, or consumption of food and/or beverages including alcoholic beverages at the Leased Premises for not less than the Tenant's Required Liability Coverage as set forth in Article 1. Workers' compensation insurance. Tenant may self insure for workers' compensation insurance. With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, contingent liability and builder's risk insurance, in an amount and with coverage satisfactory to Landlord; and Business Income Insurance at a minimum of 50% coinsurance including coverage for loss of business income due to damage to equipment from perils covered under the so-called Special Form. Each policy of liability insurance required to be written carried by an insurance company qualified Tenant pursuant to this Article or actually carried by Tenant with respect to the Leased Premises or the Property (i) shall be in a form reasonably satisfactory to Landlord, (ii) Shall be provided by carriers licensed to do business in the State state of New Jersey California, with a Best rating of "A/Vi" or better and/or reasonably acceptable to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord, its principal, employees, agents and contractors which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its principals, employees, agents or contractors. Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this article, a certificate of the insurer certifying, in a form reasonably satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article and containing the provisions herein. The policy Attached to such a certificate shall be endorsements naming Landlord as additional insured, and including the wording under primary insurance above. With respect to each renewal or replacement of any such insurance, the requirements of this Article must be complied with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) 30 days prior to the expiration or termination date cancellation of the policy being renewed or replaced. Landlord may at any policy, time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this article. See Addendum. The Commercial General Liability insurance carried by Tenant shall deliver a renewal or replacement policy with proof specifically insure the performance by Tenant of the payment Indemnification provisions set forth in Article 8.2 of the premium therefor. (b) Tenant covenants and representsthis Lease provided, said representation being specifically designed to induce Landlord to execute this Leasehowever, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary nothing contained in this Lease. Should Tenant fail Article 9 shall be construed to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain limit the liability insurance, naming Landlord as an additional named insured, then of Tenant shall be in default hereunder and shall be deemed to have breached its covenants as under the Indemnification provisions set forth hereinin said Article 8.2.

Appears in 1 contract

Samples: Industrial Space Lease (Mattson Technology Inc)

Tenant’s Insurance. (a) Tenant covenants to provide, on or before shall obtain at its own expense and keep in full force and effect during the Commencement DateTerm, a comprehensive policy of commercial general liability insurance naming (including, without limitation, insurance covering Tenant's contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, are named as additional insureds. Such policy shall contain (i) a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained, (ii) a waiver of subrogation against Landlord or a consent to a waiver of right of recovery against Landlord and (iii) an additional agreement by the insurer that it will not make any claim against or seek to recover from Landlord for any loss, damage or claim whether or not covered under such policy except for Landlord's deliberate negligence. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days' written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than $3,000,000 for injury (or death) and damage to property or such greater amount as Landlord may, from time to time, reasonably require. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, insuring additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that names Landlord, Landlord's managing agent and/or designees specified by Landlord from time to time, as additional insureds, references the Premises, and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about guarantees a minimum limit available for the Premises and any appurtenances thereto. Such policy is equal to the amount of insurance required to be written maintained hereunder. Each policy required hereunder shall contain a clause that the policy and the coverage evidenced thereby shall be primary with respect to any policies carried by an Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance company qualified required under this subsection shall not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New Jersey reasonably satisfactory York, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of "A" and a financial rating of at least "13". In the event that Tenant fails to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect continuously maintain insurance as required by this subsection, Landlord may, at its option and without relieving Tenant of any one personobligation hereunder, in respect order such insurance and pay for the same at the expense of any one accident, and in respect of property damageTenant. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policyIn such event, Tenant shall deliver a renewal or replacement policy repay the amount expended by Landlord, with proof of the payment of the premium interest thereon, immediately upon Landlord's written demand therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Lease Agreement (Thrupoint Inc)

Tenant’s Insurance. (a) Tenant covenants to provide, on or before shall obtain at its own expense and keep in full force and effect during the Commencement Dateterm of this Lease, a comprehensive policy of commercial general liability insurance naming Landlord (including, without limitation, insurance covering Tenant’s contractual liability under this Lease), under which Tenant is named as the insured, and Owner, Owner’s managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Owner from time to time, are named as additional insured. Such policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Owner at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insured and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an additional amount of not less than $1,000,000 for injury (or death) and damage to property or such greater amounts and other coverages as Owner may, from time to time, reasonably require. Tenant shall also maintain at its own expense during the term of this Lease a policy of workers’ compensation insurance providing statutory benefits for Tenant’s employer’s liability. Tenant shall provide to Owner upon execution of this Lease and at least thirty (30) days prior to the termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, insuring additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Tenant shall provide Owner with a complete copy of any such policy upon written request of Owner. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that names Owner, Owner’s managing agent and/or designees specified by Owner from time to time, as additional insured, references the Demised Premises, and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about guarantees a minimum limit available for the Demised Premises and any appurtenances thereto. Such policy is equal to the amount of insurance required to be written maintained hereunder. Each policy required hereunder shall contain a clause that the policy and the coverage evidenced thereby shall be primary with respect to any policies carried by an Owner, and that any coverage carried by Owner shall be excess insurance. The limits of the insurance company qualified required under this subsection shall not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New Jersey reasonably satisfactory where the Building containing the Demised Premises is located, and rated in Bests Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having general policyholder rating approved by Owner, such approval not to Landlordbe unreasonably withheld, and a financial rating approved by Owner, such approval not to be unreasonably withheld. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect In the event that Tenant fails to continuously maintain insurance as required by this subsection, Owner may, at its option and without relieving Tenant of any one personobligation hereunder, in respect order such insurance and pay for the same at the expense of any one accident, and in respect of property damageTenant. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policyIn such event, Tenant shall deliver a renewal or replacement policy repay the amount expended by Owner, with proof of interest thereon, immediately upon Owner’s written demand therefor. The insurance company selected by the payment of the premium thereforOwner shall be approved by Tenant, such approval not to be unreasonably withheld. (b) Tenant covenants shall also maintain at its own expense during the term of this Lease a policy against fire and representsother casualty on an “all risk” form covering all alterations, said representation being specifically designed to induce Landlord to execute this Leaseconstruction and other improvements installed within the Demised Premises, that whether existing in the Demised Premises on the date hereof or hereinafter installed by or on behalf of Owner or Tenant's , and on all furniture, fixtures equipment, personal property and fixtures inventory of Tenant located in the Demised Premises and any other items which property in be care, custody and control of Tenant may bring (fixed or otherwise) sufficient to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy provide 100% full replacement value of insurance covering all risks with no deductible such items, which policy shall specifically provide otherwise comply with the provisions of sections (a) and (c) of this Article 12. On any such policy Tenant shall name Owner as a loss payee, as its interest may appear. If the payment of an additional premium is required for a the inclusion of such waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogationprovision, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder advise Owner of the amount thereof and Landlord shall pay the same or be deemed to have breached waived the benefit thereof. (c) The parties hereto shall procure an appropriate clause in, or endorsement on, any “all-risk” property insurance covering the Demised Premises and the Building, including its covenants respective alterations, construction and other improvements as set forth hereinwell as personal property, fixtures, furniture, inventory and equipment located thereon or therein, pursuant to which the insurance companies waive subrogation or consent to a waiver of right of recovery against the other party, and each party hereby agrees that it will not make any claim against or seek to recover from the other or the partners, directors, officers, shareholders or employees of such party for any loss or damage to its property or the property of others resulting from fire or other hazards covered by such “all-risk” property insurance policies to the extent that such loss or damage is actually recoverable under such policies exclusive of any deductibles. Such waiver will not apply should any loss or damage result from one of the parties’ gross negligence or willful misconduct. If the payment of an additional premium is required for the inclusion or such waiver of subrogation provision, each party shall advise the other of the amount of any such additional premiums and the other party shall pay the same. (d) Owner will not be obligated to repair or replace or carry insurance on the alterations, construction and other improvements presently existing or hereafter installed within the Demised Premises or on Tenant’s fixtures, furnishings, equipment, personal property or inventory located in the Demised Premises or insurance against interruption of Tenant’s business. (e) Owner shall maintain casualty insurance in an amount necessary to cover the full replacement value of the Building and commercial general liability insurance with minimum limits of liability in an amount not less than $2,000,000.

Appears in 1 contract

Samples: Lease Agreement (Edgar Online Inc)

Tenant’s Insurance. Tenant agrees, at its sole cost, to insure its personal property, against damage for their full replacement value. Said insurance shall provide All Risk and fire coverage equal to the replacement cost of said property. The property insurance provided by Tenant as required by this paragraph and shall name Landlord and Landlord’s lender, as loss payee with respect to Tenant Improvements and Alterations only. Tenant shall deliver certificates of insurance to Landlord evidencing such Insurance. Tenant agrees, at its sole cost, and to obtain worker’s compensation and Commercial General Liability insurance for occurrences within the Premises. Worker’s Compensation limits shall be per state law. General Liability Insurance shall contain a combined single limit of not less than Five Million Dollars (a$5,000,000.00) Tenant covenants to provide, on or before the Commencement Date, a comprehensive policy (coverage may be provided by any combination of general primary and excess insurance). Tenant’s liability insurance naming Landlord shall be primary insurance containing a cross-liability clause, and shall provide coverage on an “occurrence” rather than on a “claims made” basis. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the named (additional) insureds shall not reduce or avoid coverage to the other named (additional insureds). Tenant shall name Landlord, Sobrato Development Companies and Landlord’s lender as an additional named insuredinsured (except with respect to damages arising out of its sole negligence or with respect to structural alteration, insuring Tenant new construction or demolition operations performed by or on behalf of and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an shall deliver a certificates of insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy All insurance policies required under this section shall be with limits not less than Three Million provide for thirty ($3,000,000.0030) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days days’ prior written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration cancellation or termination date in coverage. Notwithstanding the above, Landlord retains the right to have Tenant provide other forms of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises insurance which may be subject reasonably required to any claim for damages or destruction due to Landlord's negligence shall be fully insured cover future risks, provided such as available at commercially reasonable rates but in no event exceeding an annual amount payable by a policy Tenant of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein$25,000.

Appears in 1 contract

Samples: Lease Agreement (Netflix Inc)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on or before at Tenant’s expense, obtain and keep in force during the Commencement Dateterm of this Lease, a comprehensive policy of commercial general liability insurance naming Landlord as an additional named insured, policy insuring Tenant against the risks of, bodily injury and Landlord against any property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability commonly insured against and occasioned by accident resulting from any act arising out of the ownership, use, occupancy or omission on or about maintenance of the Leased Premises and any appurtenances all areas appurtenant thereto. Such insurance shall be a combined single limit policy is to in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLAR ($2,000,000.00) annual aggregate. Landlord and any lender and any other party in interest designated by Landlord shall be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlordnamed as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be with limits primary, not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentcontributing with, and not in respect excess of property damagecoverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term of this Lease. Said The limits of said insurance shall be subject to periodic reviewnot limit any liability of Tenant hereunder. Not more frequently than every year, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and the amount of liability insurance required hereunder is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policynot adequate, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforpromptly increase said insurance coverage as required by Landlord. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Office Lease (Heritage Commerce Corp)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effect: (ai) Tenant covenants commercial general liability insurances, including property damage, against liability for personal injury, bodily injury, death and damage to provideproperty occurring in or about, on or before resulting from an occurrence in or about, the Commencement DatePremises with combined single limit coverage of not less than the amount specified in Section O of the Summary, which insurance shall contain a comprehensive "contractual liability" endorsement insuring performance of Tenant's obligation indemnify Landlord contained in Paragraph 10.3; (ii) fire and property damage insurance in so-called "all risk" form insuring Tenant's Alterations for their full actual replacement cost; and (iii) such other insurance and amounts of insurance as are either (1) reasonably required by any Lender, or (2) reasonably required by Landlord and customarily carried by tenants of similar property in similar businesses. B. Where applicable and required by Landlord, each policy of general insurance required to be carried by Tenant pursuant to this Paragraph 9.1: (i) shall name Landlord and such other parties in interest as Landlord reasonably designates as additional insured; (ii) shall be primary and not secondary or contributing; (iii) shall be in a form and carried with companies reasonably acceptable to Landlord; (iv) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord; (v) shall not have a "deductible" in excess of such amounts as are approved by Landlord; and (vi) shall contain a cross liability endorsement and a "severability" clause. C. A copy of such paid-up policy evidencing the insurance naming required to be carried by Tenant pursuant to this Paragraph 9.1 (appropriately authenticated by the insurer) shall be delivered to Landlord as an additional named insured, insuring prior to the time Tenant and Landlord against or any liability commonly insured against and occasioned by accident resulting from any act or omission on or about of its Agents enter the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State upon renewal of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits such policies, but not less than Three Million five ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (105) days prior to the expiration or termination date of any policy, the term of such coverage. D. Tenant shall deliver have the right to maintain the required liability insurance in the form of a renewal or replacement blanket policy covering other business locations of Tenant in addition to the Premises; provided, however, that Tenant shall provide Landlord with proof a certificate of insurance specifically naming the location of the payment Premises and naming Landlord as required in this Section, the limits of the premium therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring coverage applicable to the Premises which may are to be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to in the contrary contained amounts set forth in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinSection.

Appears in 1 contract

Samples: Lease Agreement (Universal Access Inc)

Tenant’s Insurance. A. Tenant shall procure and maintain policies of insurance, at its own cost and expense through the New Mexico Public Schools Insurance Authority for liability of Tenant and its "public employees" as defined in the Tort Claims Act (aNMSA 1978, Section 41-4-1 et. seq.) Tenant covenants in amounts prescribed by the Tort Claims Act, causing Landlord to provide, be named as an additional insured on or before the Commencement Date, a comprehensive such policy of insurance but only in respect of liability arising out of Tenant's actions on the Premises. Certificates of Tenant's insurance policies shall be deposited with Landlord as requested by Landlord during the term of this Lease. B. Landlord shall carry its own general liability insurance naming Landlord as in respect of liability related to or connected with the Premises for bodily injury to or personal injury to or death of any person or persons, or for damage to property in an amount of no less than legally required. Tenant shall be an additional named insuredinsured on such policy. C. Landlord shall carry a policy or policies of insurance, at its sole cost and expense, insuring Landlord and Landlord's lender, if any, against property loss or damage to the Premises in an amount equal to the replacement cost thereof. D. Tenant shall, from the execution of this lease, carry commercial tenant's property insurance, covering against all risks of physical loss to the contents of the Premises, including without limitation, the furniture, fixtures and Landlord against equipment, in an amount equal to full replacement cost. E. Tenant will not conduct or permit to be conducted any liability commonly insured against and occasioned by accident resulting from activity or place any act or omission on equipment in or about the Premises Premises, which will in any way increase the rate of fire insurance or other insurance on the Building; and if any appurtenances thereto. Such policy increase in the rate of fire insurance or other insurance is stated by any insurance company or by the applicable insurance rating bureau to be written by an insurance company qualified due to do business activity or equipment of Tenant in or about the State of New Jersey reasonably satisfactory to Landlord. The policy Premises, such statement shall be with limits not less than Three Million ($3,000,000.00) Dollars evidence that the increase in respect of any one person, in respect of any one accidentsuch rate is due to such activity or equipment, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain as a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policyresult thereof, Tenant shall deliver a renewal or replacement policy with be liable for such increase and shall reimburse Landlord therefore. F. Tenant shall at all times maintain Worker's Compensation insurance covering its employees in and about the Premises as required by law and shall provide Landlord proof of the payment of the premium thereforsuch insurance upon request. (b) Tenant covenants and representsG. If the Premises, said representation being specifically designed or Tenant’s personal property or fixtures in the Premises, shall be damaged or destroyed by a casualty required to induce Landlord to execute be insured against under the terms of this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages whether or not such damage or destruction due is caused, or claimed to be caused, by the neglect or misconduct of Landlord or Tenant, or any of their respective officers, employees, agents, contractors, or invitees, neither Landlord's negligence , Tenant, nor their respective insurance companies shall be fully insured have any right of action, by a way of subrogation or otherwise, against Landlord or Tenant, or any of their officers, employees, agents, contractors, or invitees, arising from such damage or destruction, and each policy of insurance covering all risks with no deductible which policy required by this Lease shall specifically provide for a waiver and release by the insurer of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinany such right.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. The Tenant shall take out and keep in force during the Term: (a) Tenant covenants comprehensive general public liability (including bodily injury, death and property damage) insurance on an occurrence basis with respect to providethe business carried on, on in or before from the Commencement Date, a comprehensive policy of general liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Leased Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State Tenant's use and occupancy thereof of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars 2,000,000.00 per occurrence which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and claims by the Tenant as if the Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor.were separately insured; (b) Tenant covenants insurance, for the full replacement cost in respect of fire and representssuch other perils, said representation being specifically designed including sprinkler leakage as are from time to induce Landlord to execute this Lease, that time defined in the usual extended coverage endorsement covering the Leasehold Improvements and the Tenant's personal property and trade fixtures and the furniture and equipment of the Tenant, and which insurance shall include the Landlord as a named insured as the Landlord's interest may appear with respect to insured Leasehold Improvements and provide that any proceeds recoverable in the event of loss to Leasehold Improvements shall be payable to the Landlord, but the Landlord agrees to make available such proceeds toward the repair or replacement of the Leasehold Improvements if this Lease is not terminated pursuant to any other items provision hereof; and (c) tenant's fire legal liability insurance in an amount not less than the replacement cost of the Leased Premises. - deleted text] All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which Tenant may bring the Landlord has no reasonable objection, shall provide that such insurers shall provide to the Premises which may be subject to Landlord 30 days prior written notice of cancellation or material alteration of such terms and shall waive any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver right of subrogation for against the Landlord. The Landlord and all Building tenants without regard may require the Tenant to whether furnish certificates or not same shall cost an additional premium and notwithstanding anything other evidence acceptable to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then to the insurance from time to time required to be effected by the Tenant shall be and its renewal or continuation in default hereunder and shall be deemed to have breached its covenants as set forth hereinforce.

Appears in 1 contract

Samples: Lease Agreement (Infowave Software Inc)

Tenant’s Insurance. (a) Tenant covenants to provide, on or before shall obtain at its own expense and keep in full force and effect during the Commencement DateTerm, a comprehensive policy of commercial general liability insurance naming (including, without limitation, insurance covering tenant's contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord's asset manager, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, are named as additional insureds. Such policy shall contain (i) a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained, (ii) a waiver of subrogation against Landlord or a consent to a waiver of right of recovery against Landlord and (iii) an additional agreement by the insurer that it will not make any claim against or seek to recover from Landlord for any loss, damage or claim whether or not covered under such policy. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than $5,000,000 for injury (or death) and damage to property or such greater amount as Landlord may, from time to time, reasonably require. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, insuring additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that names Landlord, Landlord's managing agent and/or designees specified by Landlord from time to time, as additional insureds, references the Premises, and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about guarantees a minimum limit available for the Premises and any appurtenances thereto. Such policy is equal to the amount of insurance required to be written maintained hereunder. Each policy required hereunder shall contain a clause that the policy and the coverage evidenced thereby shall be primary with respect to any policies carried by an Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance company qualified required under this subsection shall not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New Jersey reasonably satisfactory York, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of "A-" and a financial rating of at least "10". In the event that Tenant fails to Landlord. The policy shall be with limits not less than Three Million continuously maintain insurance as required by this subsection, Landlord may, after five ($3,000,000.005) Dollars in respect business days notice to Tenant, at its option and without relieving Tenant of any one personobligation hereunder, in respect order such insurance and pay for the same at the expense of any one accident, and in respect of property damageTenant. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policyIn such event, Tenant shall deliver a renewal or replacement policy repay the amount expended by Landlord, with proof of the payment of the premium interest thereon, immediately upon Landlord's written demand therefor. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Lease Agreement (Viatel Inc)

Tenant’s Insurance. Tenant, at its expense, shall maintain in force during the Term: (a) Tenant covenants to provide, on or before the Commencement Date, a comprehensive policy of commercial general liability insurance naming Landlord as insurance, which shall include coverage for personal liability, contractual liability, tenant’s legal liability, bodily injury, death and property damage, all on an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting occurrence basis with respect to the business carried on in or from any act or omission on or about the Premises and Tenant’s use and occupancy of the Premises, with coverage for any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State one occurrence or claim of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect 2,000,000 or such other amount being required at the time by Landlord from comparably-sized tenants of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and the Building as Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is may reasonably require upon not less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten six (106) days months’ prior written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium therefor.notice; and (b) insurance against such other perils and in such amounts as Landlord may from time to time reasonably require upon not less than ninety (90) days’ prior written notice, such requirement to be made on the basis that the required insurance is customary at the time for prudent tenants of properties similar to the Building in the Chicago, Illinois area. All insurance required to be maintained by Tenant covenants shall be on terms and representswith insurers reasonably acceptable to Landlord. Each policy of liability insurance shall include Landlord, said representation being specifically designed the Manager and its affiliates and others Landlord may from time to induce Landlord to execute this Lease, that Tenant's personal time designate as additional insureds. Each policy of property and fixtures and insurance shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other items claim to which Tenant may bring to the Premises which may insurer might otherwise be subject to any claim for damages entitled against Landlord, the Manager or destruction due to Landlord's negligence shall be fully insured by a its affiliates or their respective agents or employees. Each policy of insurance covering all risks with shall contain an undertaking by the insurer that no deductible which material change adverse to Landlord or Tenant will be made, and the policy will not lapse or be cancelled, except after not less than thirty (30) days’ prior written notice to Landlord of the intended change, lapse or cancellation. Tenant shall specifically provide for a waiver of subrogation for furnish to Landlord, if and whenever requested by it, certificates or other evidences acceptable to Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything as to the contrary contained insurance from time to time effected by Tenant and its renewal or continuation in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinforce.

Appears in 1 contract

Samples: Office Lease (Verticalnet Inc)

Tenant’s Insurance. Tenant shall procure and maintain policies of insurance, at its sole cost and expense, during the entire Term hereof with terms and coverages and companies reasonably satisfactory to Landlord and with such increases in limits as Landlord may from time to time reasonably request, including all insurance required under any Mortgage and/or the Hotel Management Agreement, the Master Leases, the Condominium Documents or the Subleases. Alternatively, Landlord may cause such policies to be procured and maintained, and Tenant shall reimburse Landlord for the cost thereof, upon demand. If Landlord provides policies of insurance, such policies shall be all risk coverage exclusive of footings and foundation. All policies of insurance required hereunder which insure against loss or damage to the Premises shall provide that the proceeds thereof (aor so much of such proceeds as pertain to loss or damage to the Premises) shall be payable to Landlord, and if Landlord so requests, shall also be payable to any contract purchaser of the Premises and any holder of a Mortgage, as the interest of such purchaser or holder of a Mortgage appears pursuant to a standard named insured or mortgagee clause. Tenant covenants to provideshall not, on Tenant’s own initiative or before pursuant to request or requirement of any third party, take out separate insurance concurrent in form or contributing in the Commencement Dateevent of loss with that required hereunder, unless Landlord is included therein as a comprehensive policy named insured with loss payable as in this Section provided Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall deliver to Landlord duplicate originals thereof or original certificates evidencing the same with true copies of general liability such insurance naming policies attached. All such policies of insurance shall provide that any loss shall be payable to Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from notwithstanding any act or omission on of Tenant which might otherwise result in a forfeiture or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State reduction of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accident, and in respect of property damage. Said limits shall be subject to periodic review, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforsuch insurance. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Lease (Morgans Hotel Group Co.)

Tenant’s Insurance. (a) Tenant covenants to provideSECTION 8.01. Tenant, on or before the Commencement Dateat its sole expense, a comprehensive policy of general shall maintain liability insurance naming Landlord as an additional named insured, insuring Tenant and Landlord against any with liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is limits for injury to be written by an insurance company qualified to do business in the State persons of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Two Million and 00/100 ($3,000,000.002,000,000.00) Dollars in respect of any one person, in respect of any one accidentper person and Two Million and 00/100 ($2,000,000.00) Dollars per occurrence, and in respect for injury to property of property damagenot less than One Million and 00/100 ($1,000,000.00) Dollars per occurrence, insuring against all liability arising out of the use or occupancy of the Demised Premises. Said limits All such insurance shall be subject to periodic reviewinsure performance by Tenant of the indemnity provisions of Article XV and shall name Landlord, Tenant and Landlord reserves the right to increase said coverage limits if, such other persons with an interest in the reasonable opinion of Landlord, said coverage becomes inadequate and is less than that commonly maintained by tenants in similar buildings in Building as Landlord shall designate as the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policy, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforinsureds. (b) SECTION 8.02. Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard as to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein, and such breach shall constitute an Event of Default, unless Tenant cures such breach within the applicable grace period provided in Article XVIII. SECTION 8.03. Tenant shall insure the improvements on the property in an amount equal to the full replacement value of the improvements. Such replacement value shall be determined from time to time but not more frequently than once in any one sixty (60) consecutive calendar months at the request of Landlord by an appraiser, architect or contractor who shall be mutually and reasonably acceptable to Landlord and Tenant. A. Insurance proceeds shall be held in an interest bearing account maintained by the attorneys for Landlord and Tenant or if Tenant's Mortgagee so requires, then such insurance proceeds shall be held by Tenant's Mortgagee, The proceeds shall first be used to pay Tenant's mortgage, if Tenant's Mortgagee so elects, and the balance shall be used to construct or reconstruct buildings or improvements having value substantially equivalent to or greater than the value of the building(s) or improvement(s) damaged or destroyed. Tenant shall be responsible to provide any additional funds above available insurance proceeds to complete the reconstruction. Progress payments for reconstruction shall be paid to Tenant upon the written request of Tenant which shall be accompanied by reasonable evidence signed by Tenant, or the executive officer of Tenant, or by the architect or engineer in charge of such construction, dated not more than thirty (30) days prior to such request, setting forth the following: B. That the sum then requested either has been paid by Tenant, or is justly due to contractors, subcontractors, material men, engineers, architects or other persons who have rendered services or furnished materials for the restoration therein specified, and giving a brief description of such services and materials and the several amounts so paid or due to each of said persons in respect thereof, and stating that no part of such expenditures has been or is being made the basis, in any previous or then pending request, for the payment of such monies or has been made out of the proceeds of such monies received by Tenant, and that the sum then requested does not exceed the value of the services and materials described in the certificate. C. That except for the amount, if any, stated pursuant to the foregoing sub clause A in such certificate to be due for services and materials, there is no outstanding indebtedness shown on Tenant's books or known to the person signing such certificate, after due inquiry, for which payment was made under any prior requisition for labor, wages, materials, supplies or services in connection with such construction work, which if unpaid, might become the basis of a vendor's, mechanics, laborer's or material men's statutory or similar lien upon such construction or upon the Demised Premises or any part thereof. D. An official search of the public records or a search of a title insurance company doing business in the State of New Jersey showing that there has not been filed with respect to the Demised Premises, or any part thereof, any vendor's mechanic's, laborer's, material men's or like lien, which has not been discharged or record, except such as will be discharged by payment of the amount then requested. E. If the net money as aforesaid at the time held by the attorneys for Landlord and Tenant, or Tenant's mortgagee, as the case may be, shall be insufficient to pay the entire cost of such construction, Tenant shall pay the deficiency. If, on the other hand, there are any surplus funds held by such attorneys or mortgagee, as the case may be, after payment of all costs of restoration, such funds shall be paid over to Tenant. SECTION 8.04. All insurance required under this Lease shall be issued by insurance companies of recognized responsibility which are authorized to do business in the State, having a Best Rating of B+ or better. Tenant, prior to entering on the Demised Premises, shall deliver to Landlord each policy or a certificate evidencing such policy, together with evidence of payment of premiums for all policies of insurance required to be maintained by Tenant pursuant to the terms of this Lease. Within thirty (30) days prior to the anniversary date of each policy of insurance required to be maintained by Tenant pursuant to the terms of this Lease, Tenant shall deliver to Landlord evidence of renewal of such policies, together with evidence of payment of premiums for all such policies. Each policy shall be issued as a primary policy not contributing with and not in excess of coverage of any insurance which Landlord may carry, and shall contain an endorsement requiring thirty (30) days' written notice from the insurance company to Landlord before cancellation or change in the coverage, scope or amount of any policy.

Appears in 1 contract

Samples: Lease (Yardville National Bancorp)

Tenant’s Insurance. (a) Tenant covenants to provideshall, on or before at Tenant’s expense, obtain and keep in force during the Commencement Dateterm of this Lease, a comprehensive policy of commercial general liability insurance naming Landlord as an additional named insured, policy insuring Tenant and protecting Landlord and the Landlord Entities against any liability commonly insured to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and occasioned by accident resulting from any act property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or omission on or about maintenance of the Premises and any appurtenances all areas appurtenant thereto. Such insurance shall be a combined single limit policy is to in an amount not less than One Million Dollars ($1,000,000.00) per occurrence with a Two Million Dollar ($2,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlordnamed as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be with limits primary, not less than Three Million ($3,000,000.00) Dollars in respect of any one person, in respect of any one accidentcontributing with, and not in respect excess of property damagecoverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term of this Lease. Said The limits of said insurance shall be subject to periodic reviewnot limit any liability of Tenant hereunder. Not more frequently than every year, and Landlord reserves the right to increase said coverage limits if, in the reasonable opinion of Landlord, said coverage becomes inadequate and the amount of liability insurance required hereunder is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policynot adequate, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforpromptly increase said insurance coverage as required by Landlord. (b) Tenant covenants and represents, said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's personal property and fixtures and any other items which Tenant may bring to the Premises which may be subject to any claim for damages or destruction due to Landlord's negligence shall be fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a waiver of subrogation for Landlord and all Building tenants without regard to whether or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth herein.

Appears in 1 contract

Samples: Office Lease (Biotie Therapies Corp.)

Tenant’s Insurance. (a) Tenant covenants agrees to providesecure and keep in force from and after the date Landlord shall deliver possession of the Premises to Tenant and throughout the term of this Lease, on or before the Commencement Date, a at Tenant's sole cost and expense comprehensive policy of general liability insurance naming on the Premises under Tenant's care, custody and control, and all areas appurtenant thereto, on an occurrence basis with a minimum limit of liability in an amount of One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) aggregate. Evidence of said insurance shall be provided to Landlord within thirty (30) days of occupancy and shall name Landlord as an additional named insured, insuring Tenant and Landlord against any liability commonly insured against and occasioned by accident resulting from any act or omission on or about the Premises and any appurtenances thereto. Such policy is to be written by an insurance company qualified to do business in the State of New Jersey reasonably satisfactory to Landlord. The policy shall be with limits not less than Three Million ($3,000,000.00) Dollars in respect contain cross liability endorsements and shall insure performance by Tenant of any one person, in respect the indemnity provisions of any one accidentthis Lease; shall cover contractual liability, and in respect of property damage. Said limits products liability; shall be subject to periodic reviewprimary, not contributing with, and not in excess of coverage which Landlord reserves may carry; shall state that Landlord is entitled to recovery for the right negligence of Tenant even though Landlord and Landlord's lender are named as an additional insured, shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insured which would void or otherwise reduce coverage shall not void or reduce coverage as to increase the other insured or additional insured; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term of this Lease. The limits of said coverage limits insurance shall not limit any liability of Tenant hereunder. Not more frequently than every three (3) years, if, in the reasonable opinion of Landlord, said coverage becomes inadequate and the amount of liability insurance required hereunder is less than that commonly maintained by tenants in similar buildings in the area by tenants making similar uses. Said policy shall contain a provision for ten (10) days written notice by certified or registered mail, return receipt requested, to Landlord of any change or modification of said policy. At least ten (10) days prior to the expiration or termination date of any policynot adequate, Tenant shall deliver a renewal or replacement policy with proof of the payment of the premium thereforpromptly increase said insurance coverage as required by Landlord. (b) At all times during the term hereof, Tenant covenants shall keep in force at its sole cost and representsexpense, said representation being specifically designed to induce Landlord to execute this Leasefire and extended coverage insurance, that and against sprinkler leakage or malfunction and water damage and against vandalism and malicious mischief, Tenant's personal property leasehold improvements, trade fixtures, furnishings, equipment and fixtures and any other items which Tenant may bring to contents upon the Premises in full replacement value thereof. Tenant shall also obtain broad form boiler and machinery insurance on all air-conditioning equipment, boilers and other pressure vessels or systems, whether fired or unfired, which may be subject to are installed by Tenant or which exclusively serve the Premises. Such boiler and machinery insurance shall cover the replacement value of such items. Tenant shall also obtain plate glass insurance for all plate glass upon the Premises. During the Lease term, the proceeds from any claim for damages such policy or destruction due to Landlord's negligence policies of insurance shall be fully insured by a policy used for the repair or replacement of the property so insured. Landlord shall have no interest in the insurance upon Tenant's equipment and fixtures. (c) Tenant shall procure pollution liability insurance covering all risks with no deductible which policy shall specifically provide for Landlord against any diminution in value of the Premises or Building as a waiver result of subrogation for Tenant's handling of any Hazardous Material (as defined herein) the cost of any on or off site clean up of any such hazardous material, any toxic waste liability including a complete indemnification of Landlord against any and all Building tenants without regard to whether claims whatsoever made in any connection whatsoever with Tenant's bringing any Hazardous Material onto the Premises or not same shall cost an additional premium and notwithstanding anything to the contrary contained in this Lease. Should Tenant fail to maintain said all risk insurance with the required waiver of subrogation, or fail to maintain the liability insurance, naming Landlord as an additional named insured, then Tenant shall be in default hereunder and shall be deemed to have breached its covenants as set forth hereinBuilding.

Appears in 1 contract

Samples: Assignment and Assumption of Leases (Meadow Valley Corp)

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