Common use of Tenant’s Insurance Clause in Contracts

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 Term, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

Samples: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)

AutoNDA by SimpleDocs

Tenant’s Insurance. (a) Tenant shall provide and maintain a Broad Form Commercial Liability Policy of insurance complying with all respect to the Leased Premises with coverage limits of the following: A. Tenant shall procureat least One Million and No/100 Dollars ($1,000,000) per occurrence, pay for and keep in full force and effect, at all times during the Term, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit limit, naming Landlord, Landlord’s managing agent, and any designee of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits Such policy shall protect Landlord, its managing agent, and any designee of said Landlord against any liability which arises from any occurrence on or about the Leased Premises or which results in any claims, suits, proceedings, actions, causes of action, responsibility, liability, demands, judgments and executions, including reasonable attorneys’ fees and costs (collectively, “Claims”). (b) Tenant shall carry fire and all-risk coverage, vandalism and malicious mischief insurance required by this Lease as carried covering all the improvements (whether existing or installed by Tenant shall notor Landlord), howeverstock in trade, limit fixtures, furniture, furnishings, removable floor coverings, trade equipment, signs and all other decorations in the liability Leased Premises for one hundred percent (100%) of Tenant nor relieve Tenant their full replacement cost. In the event of any obligation casualty loss hereunder. All insurance to be carried by , the Tenant shall be primary to any similar insurance carried by Landlord, whose proceeds of such insurance shall be considered excess insurance onlyapplied solely to the replacement, restoration and refurbishment of such damaged items. (2c) Fire If Tenant uses steam boilers for heating and/or installs or maintains air conditioning equipment in excess of 30 HP, Tenant shall provide Boiler and casualty insurance Machinery Insurance with "all risk" a Five Hundred Thousand Dollars ($500,000.00) per accident limit including broad form coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures endorsement and alterations within the Premises with coverage for the full actual repair or replacement cost thereof;endorsement. The policy shall name Landlord as an additional insured. (3d) Workers' Tenant shall also carry adequate worker’s compensation insurance in no less than statutorily required amounts, covering its employees in the Leased Premises containing a waiver of subrogation in favor of Landlord, and Tenant hereby indemnifies, agrees to hold harmless, and at Landlord’s option defend, Landlord from and against all claims arising out of any other loss suffered by any employee benefit of Tenant at the Building and/or the Property which would have been or is covered by an appropriate worker’s compensation insurance sufficient to comply with all Laws;policy. (4e) With respect to making of alterations On or before Tenant enters the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective LiabilityLeased Premises for any reason, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income again before any insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premisesexpires, Tenant shall deliver to Landlord an original certificate of insurance. (f) All insurance policies required to be carried under this Lease by or on behalf of Tenant shall provide (and any certificate evidencing the existence of any insurance policies, shall certify) that unless Landlord is given ten (10) days’ written notice: (i) the insurance shall not be canceled, (ii) the insurer shall renew the insurance policies, and (iii) no material change may be made in the insurance policies. (g) If Tenant fails to comply with respect any of the Insurance Requirements stated in this Lease, Landlord may obtain such insurance and keep the same in effect and Tenant shall pay to each policy Landlord the premium cost thereof upon demand. (h) All policies of insurance required to be carried by Tenant pursuant under this Lease shall (i) be written by good and solvent insurance companies satisfactory to Landlord, (ii) contain a Cross Liability endorsement, and (3) contain a provision stating “the insurance provided Landlord hereunder shall be primary and non-contributing with any other insurance available to, or carried by, Landlord.” (i) Vendors to Tenant providing services on the Property shall be required by Tenant to comply with this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 97.04. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

Samples: Office Lease (Interface Security Systems, L.L.C.), Office Lease (Interface Security Systems Holdings Inc)

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 At all times during the Termterm, TENANT will carry and maintain, at TENANT’s sole expense, the followingfollowing insurance, in the amounts specified below or such other amounts as LANDLORD may from time to time reasonably request, with insurance companies and on forms satisfactory to LANDLORD: (1a) A Commercial general liability General Liability policy of insurance insuring Tenant protecting TENANT, LANDLORD and any lender(s) whose names have been provided to TENANT in writing (as additional insureds) against liability claims for bodily injury, death, personal injury and property damage and personal injury occurring at the Premisesbased upon, involving or resulting from Tenant's use or occupancy arising out of the Premisesownership, Buildinguse, Common Areas occupancy or Project resulting from Tenant's activities in or about maintenance of the PremisesLeased Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis with a combined providing single limit of liability of coverage in an amount not less than Two Million ($2,000,000) Dollars per occurrence with an “Additional Insured-Managers or LANDLORD’s of Leased Premises” endorsement and contain the amount ‘Amendment of Tenant's Required Liability Coveragethe Pollution Exclusion” endorsement for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or policies organizations, but shall be endorsed to name Landlord and such others include coverage for liability assumed under this LEASE as are designated by Landlord as additional insuredsan “Insured contract” for the performance of TENANT’s indemnity obligations under this LEASE. The limits of said insurance required by this Lease or as carried by Tenant TENANT shall not, however, limit the liability of Tenant TENANT nor relieve Tenant TENANT of any obligation hereunder. All insurance to be carried by the Tenant TENANT shall be primary to and not contributory with any similar insurance carried by LandlordLANDLORD, whose insurance shall be considered excess insurance only. (2b) Fire and casualty Either by separate policy or, at LANDLORD’s option, by endorsement to a policy already carried, maintain insurance with "coverage on all risk" coverage insuring Tenant against loss from physical damage to Tenant's of TENANT’s personal property, inventorymachinery, equipment, stock, inventory, trade fixtures and any alterations within and utility installations constructed pursuant to this LEASE and/or owned by TENANT in, on, or about the Leased Premises similar in coverage to that carried by LANDLORD under Section 5.1. Such insurance shall be full replacement cost coverage, on a broad form basis insuring against “all risks of direct physical loss,” with a deductible not to exceed $5,000 per occurrence, and shall include coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason enforcement of any payment under such policy ordinance or by reason of any act or omission of Landlord and law regulating the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal reconstruction or replacement of any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation undamaged sections of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies project required to be carried demolished or removed by Tenant pursuant reason of the enforcement of any building, zoning, safety, or other Applicable Requirements as the result of a covered loss. The proceeds from any such insurance shall be used by TENANT for the replacement of personal property, machinery, equipment, stock, inventory and the restoration of trade fixtures and any alterations and utility installations required to this Article 9be covered by such insurance. D. The commercial general liability insurance carried by Tenant shall specifically insure (c) A policy or policies in the performance by Tenant name of LANDLORD, with loss payable to LANDLORD and any lender(s), insuring the loss of the indemnification provisions set forth full rental and other charges payable by TENANT under the LEASE for one year (including any scheduled rental increases). Said insurance may provide that in Section 8.2 the event the Lease is terminated by reason of this Lease providedan insured toss, however, nothing contained in this Article 9 the period of indemnity for such coverage shall be construed extended beyond the date of the completion of repairs or replacement of the Leased Premises, to limit provide for one full year’s loss of rental revenues from the liability date of Tenant under any such loss. Said insurance shall contain an agreed valuation provision in lieu of any co-insurance clause, and the indemnification provisions set forth in said Section 8.2amount of coverage shall be adjusted annually to reflect the projected rental income and other sums, if any, otherwise payable by TENANT, for the next 12-month period.

Appears in 2 contracts

Samples: Standard Business Park Lease (GLAUKOS Corp), Standard Business Park Lease (GLAUKOS Corp)

Tenant’s Insurance. Tenant shall maintain insurance complying with all the following coverages in the following amounts. 10.3.1 Commercial General Liability Insurance on an occurrence form covering the insured against claims of the following: A. Tenant shall procure, pay for and keep in full force and effect, at all times during the Term, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, personal injury and property damage (including loss of use thereof) arising out of Tenant’s operations, and personal injury occurring contractual liabilities including a contractual coverage, and including products and completed operations coverage, for limits of liability on a per location basis of not less than: Bodily Injury and Property Damage Liability $2,000,000 each occurrence $3,000,000 annual aggregate Personal Injury Liability $2,000,000 each occurrence $2,000,000 annual aggregate Any combination of primary and excess/umbrella liability policies may be utilized in order to meet the limit requirements above. 10.3.2 Property Insurance covering (i) all office furniture, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s property on the Premises installed by, for, or at the Premisesexpense of Tenant, or resulting from Tenant's use or occupancy (ii) the Tenant Improvements and any other improvements which exist in the Premises as of the PremisesLease Commencement Date (excluding the Base Building) (the “Original Improvements”), Buildingand (iii) all other improvements, Common Areas or Project resulting from Tenant's activities in or about alterations and additions to the Premises. Such insurance shall be written on an occurrence basis with a combined single limit “all risks” of liability physical loss or damage basis, for the full replacement cost value (subject to reasonable deductible amounts) new without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for damage or other loss caused by fire or other peril including, but not less than limited to, vandalism and malicious mischief, theft, water damage of any type, including sprinkler leakage, bursting or stoppage of pipes, and explosion. 10.3.3 Business Income Interruption for one (1) year plus Extra Expense insurance in such amounts as will reimburse Tenant for actual direct or indirect loss of earnings attributable to the amount of Tenant's Required risks outlined in Section 10.3.2 above. 10.3.4 Worker’s Compensation and Employer’s Liability Coverageor other similar insurance pursuant to all applicable state and local statutes and regulations. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits include a waiver of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability subrogation in favor of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal propertyits employees, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance Lenders and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations property manager or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Partiespartners. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

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

Tenant’s Insurance. Tenant shall maintain carry such insurance complying with all against loss of the following: A. its property, including Tenant shall procureImprovements and Betterments (such as floor coverings, pay for and keep in full force and effectwall coverings trade fixtures) in, at all times during the Term, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in on or about the PremisesBuilding and Premises by fire and such other risks as are covered by so-called all risk and extended coverage property insurance or other hazards in an amount equal to or greater than the replacement costs thereof. 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. The policy or policies shall be endorsed to name the Landlord and such others shown as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance a loss payee with respect to be carried by the Tenant Improvements stated above on any and all insurance policies. A copy of such endorsement shall be primary provided to the Landlord upon written request. Landlord shall not be liable for any similar damage to Tenant’s property in, on or about the Building and Premises caused by fire or other insurable hazards regardless of the nature or cause of such fire or other casualty, and regardless of whether any negligence of Landlord or Landlord’s employees or agents contributed thereto. Tenant expressly releases Landlord of and from all liability for any such damage. Tenant insurance carried policy or policies shall include a waiver of subrogation recognizing this release from liability. Tenant agrees to procure and maintain during the Term a policy or policies of liability insurance, including product and/or completed operations liability and contractual liability coverage, written by Landlord, whose an insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage company or companies insuring Tenant against loss from physical any and all losses, claims, demands or actions for injury to or death of any one or more persons and for damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and property in any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 one occurrence in the aggregate; (5) Business Income insurance Building and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period Premises to the limit of not less than one year; and million dollars (6$1,000,000.00) Comprehensive automobile liability for injury to one person, not less than two million dollars ($2,000,000.00) for each such occurrence, and not less than one hundred thousand dollars ($100,000.00) for damage to property, or such other coverage limits as Landlord may, from time to time, deem reasonably necessary and in accordance with customary practices with regard to such insurable risks. Tenant shall furnish to Landlord certificates evidencing the continuous existence of such insurance coverage, which must also name Landlord as an additional insured and be endorsed to be primary and non-contributory with a respect to any insurance maintained by the Landlord. All insurance companies must be licensed to do business in Ohio. Certificates of insurance will be provided at the time this Lease is executed. Policies of insurance are to be endorsed to notify Landlord of any reduction, cancellation or termination of policy limit and provide not less than thirty (30) days prior to cancellation or termination, except for non-payment for which ten (10) days-notice shall be provided. Tenant agrees to provide and keep in force at all times worker’s compensation insurance complying with the law of the State of Ohio and Employers Liability shall also be obtained, with limits of not less than $1,000,000 each per occurrence, accident for bodily injury or employee. Tenant agrees to defend, indemnify and property damage, hold harmless Landlord from any and insuring against all loss in connection with the ownership, maintenance and operation actions or claims of automotive equipment that is owned, hired Tenant’s employees or non-owned; B. Each policy employee’s family members. Tenant agrees to provide a certificate as evidence of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with proof of worker’s compensation coverage. With respect to the Premises any alterations or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided improvements by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the PremisesTenant, Tenant shall deliver maintain contingent liability and builder’s risk coverage naming Landlord as an additional named insured. If Tenant hires contractors to do any improvements on the Landlord with respect to Building or Premises, each policy contractor must provide a Certificate of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of Insurance naming the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect proof of worker’s compensation coverage on its employees and agents to each renewal or replacement of any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9Landlord. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procureshall, pay for at Tenant’s expense, obtain and keep in full force and effect, at all times during the Termterm of this Lease, the following: (1) Commercial a commercial general liability insurance policy, written on an occurrence basis, insuring Tenant and protecting Landlord and the Landlord Entities against any liability for to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and property damage, personal injury, deathcontractual liability, property damage completed operations, products liability, owned and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy non-owned automobile liability arising out of the Premisesuse, Building, Common Areas occupancy or Project resulting from Tenant's activities in or about maintenance of the PremisesLeased Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis with a combined single limit of liability of policy 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 amount of Tenant's Required Liability CoverageLandlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy or policies 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 endorsed primary, not contributing with, and not in excess of coverage 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 name Landlord and such others as are designated by Landlord as the other insured or additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, not limit the any liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Not more frequently than every year, if, in the Tenant shall be primary to any similar insurance carried by reasonable opinion of Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premiseshereunder is not adequate, Tenant shall deliver to the Landlord with respect to each policy of promptly increase said insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage as reasonably required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9Landlord. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

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

Tenant’s Insurance. (a) Tenant shall will, at its sole cost and expense, obtain and maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effect, effect at all times during with respect to the TermPremises insurance throughout the Term and any extension and or renewal thereof (and such other times, if any, as Tenant occupies the Premises) which coverage shall include the following: (1i) Commercial commercial general liability insurance insuring Tenant against liability in an amount of not less than Three Million Dollars ($3,000,000.00) per occurrence, for bodily injury, death, injury and property damage including the following extensions: tenants' legal liability; owners and contractors protective; limited pollution coverage; products and completed operations; personal injury occurring at injury; blanket written contractual; non-owned automobile liability; severability of interests; cross liability; and employer's liability, and written on an occurrence basis; (ii) all risks" property insurance covering the PremisesLeasehold Improvements, and all other property of every description, nature and kind owned by Tenant or resulting from Tenant's use for which Tenant is legally liable, which is installed, located or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities situate in or about the Premises or elsewhere in the Project, including without limitation, trade fixtures, furnishings, equipment, all inventory or stock in trade and all signs in, on or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability of , for not less than the amount full replacement cost thereof; (iii) if applicable, broad form comprehensive boiler and machinery (also known as "equipment breakdown") insurance on all insurable objects located on the Premises or which are the property or responsibility of Tenant, including repair or replacement endorsement; (iv) business interruption insurance, including extra expense insurance, in such amounts from time to time as necessary to fully compensate Tenant for direct or indirect loss of sales or earnings and extra expenses incurred resulting from or attributable to any of the perils required to be insured against under the policies referred to in subsections 13.3(a)(i) and (ii) above and all circumstances usually insured against by prudent tenants including losses resulting from interference with or prevention of access to the Premises or the Project as a result of such perils or for any other reason; (v) plate glass insurance on all internal and external glass within, fronting or forming part of the Premises; however notwithstanding the foregoing, Tenant may elect to self-insure for the insurance described in this subsection 13.3(a)(v); and (vi) any other insurance against such risks and in such form and amounts as Landlord may from time to time reasonably require upon not less than thirty (30) days' Notice, provided Landlord agrees it shall not require Tenant to maintain additional insurance coverage unless such additional insurance coverage has become generally accepted insurance, generally maintained by comparable tenants or is required as a result of the particular nature of Tenant's Required Liability Coverage. The policy or business operations. (i) Any and all deductibles in Tenant's insurance policies referred to in this Section 13.3 shall be endorsed borne solely by Tenant and shall not be recovered or attempted to be recovered from Landlord; in addition, the insurance policies referred to in this Section 13.3 shall be subject to such higher limits as Tenant, or Landlord acting reasonably may require from time to time, provided Landlord agrees it shall not require Tenant to maintain higher limits unless such higher limits have become generally accepted limits, generally maintained by comparable tenants or are required as a result of the particular nature of Tenant's business operations. (ii) The insurance policy referred to in subsection 13.3(a)(i) shall name Landlord and such any others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2iii) Fire and casualty The insurance with "all risk" coverage insuring Tenant against loss from physical damage policies referred to Tenant's personal propertyin subsections 13.3(a)(ii), inventory(iii), stock(v) and, trade fixtures and alterations within to the Premises with coverage for the full actual replacement cost thereof; extent applicable (3) Workers' compensation insurance vi), shall name Landlord and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved others designated by Landlord covering the alterations or improvements as loss payee as their interests may appear and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by of the insurer any insurer's right of subrogation against Landlord and Landlord's Parties and, notwithstanding any provision contained in this Lease to the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of contrary, Tenant hereby waives its right ofrecovery against Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord Landlord's Parties with respect to each policy of insurance all claims required to be carried insured against by Tenant pursuant to subsections 13.3(a)(ii), (iii), (v) and, to the extent applicable (vi). All insurance policies referred to in this Article 9subsection 13.3(b)(iii) shall be non-contributing with, and will apply as primary and not excess to, any other insurance proceeds available to Landlord. (c) Tenant will deliver to Landlord certificate(s) of insurance evidencing the insurance coverage required to be maintained by Tenant in accordance with this Section 13.3: (i) prior to Tenant's occupancy of all or any portion of the Premises for any purpose; (ii) no later than thirty (30) days following the effective renewal date of the insurance referred to in this Section 13.3; and (iii) promptly at any time upon receipt of Notice from Landlord. The delivetp' to Landlord of a certificate of insurance or any review thereof by or on behalf of Landlord shall not limit the obligation of Tenant to provide and maintain insurance pursuant to this Section 13.3 or derogate from Landlord's rights if Tenant will fail to fully insure. Where used in this subsection 13.3(c), the term "Landlord" shall include Landlord's manager of insurance, if any. (d) All policies of insurance (including certificates thereof) shall: (i) provide that the insurance shall not be cancelled without Tenant's insurer certifyingendeavouring to deliver to Landlord at least thirty (30) days' prior written notice ("Cancellation Notice"); notwithstanding the foregoing, in any case where Tenant's insurer will not agree to endeavour to deliver a form satisfactory Cancellation Notice directly to the Landlord, that by its execution and delivery of this Lease, Tenant hereby covenants and agrees to deliver to Landlord a copy of any Cancellation Notice issued to Tenant by its insurer immediately upon receipt thereof, or immediate Notice of any cancellation which is otherwise authorized by Tenant; (ii) be placed with a company licensed to sell commercial insurance in Canada and in the policy has been issued and premium paid providing province in which the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall Premises are located; and (iii) be endorsements naming Landlord as additional insured as to liability insurance policiesin amounts, and including with limits and deductibles, which are in Canadian currency. (e) Without limiting the wording under primary generality of Section 13.5 below, Tenant acknowledges and agrees that, if it fails to obtain and maintain in force any of the insurance above. With policies set out in this Section 13.3, then Tenant will indemnify and hold harmless Landlord and Landlord's Parties in respect to each renewal or replacement of any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9losses arising therefrom. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

Samples: Multi Tenant Industrial Lease (Algae Dynamics Corp.), Multi Tenant Industrial Lease (Algae Dynamics Corp.)

Tenant’s Insurance. Tenant shall will maintain the following policy or policies of insurance, at its expense, insuring Tenant and naming Landlord as an additional insured: (i) special form (formerly known as all risk) property insurance complying with on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the following: A. Tenant shall procure, pay 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 keep in full force and effect, at all times during the Term, the following: (1ii) Commercial commercial general liability insurance insuring Tenant against liability (including endorsement or separate policy for bodily injury, death, property damage and personal injury occurring at the Premises, owned or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or about before the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall notdue date, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident 2,000,000 per occurrence per person coverage for bodily injury and 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 insuring against all loss in connection slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual liability insurance required of Tenant to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) indemnify Landlord hereunder and shall be have deductibles in a form an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, (ii) Tenant shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable furnish evidence satisfactory to Landlord of the maintenance and (iii) timely renewal of such insurance, and Tenant shall be endorsed obtain and deliver to provide Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days written notice prior to the modification, cancellation or expiration of cancellation such insurance policies. In the event Tenant shall not have delivered to Landlord. Property insurance shall contain Landlord a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of certificate evidencing such insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 at least thirty (30) days prior to the expiration or cancellation date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance cost of such policies required to shall be carried paid by Tenant pursuant to this Article 9Landlord as Additional Rent upon demand. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

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

Tenant’s Insurance. (a) Tenant shall maintain at its own cost and expense (i) insurance complying with all of against fire and such other perils as may be included in the following: A. then-current Insurance Services Office fire and special extended coverage insurance form on the Leasehold Improvements installed by Tenant shall procure, pay for and keep Tenant’s Property in full force an amount adequate to cover their replacement cost; and effect, at all times during the Term, the following: (1ii) Commercial comprehensive general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit limits of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant 5,000,000 combined single limit for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant occurrence with respect to the Premises loss of life, bodily or the Project (i) personal injury and damage to property by water or otherwise. All such insurance shall be in a form satisfactory to Landlord, issued by insurers approved by Landlord (iiwhich approval shall not be unreasonably withheld) shall be provided by carriers licensed and authorized to do business in the state Commonwealth of CaliforniaMassachusetts, with shall name Landlord as an additional insured, shall provide for a Best's Insurance Guide rating of "ANI" or better and/or acceptable deductible not greater than $25,000.00 from any loss payable and shall contain a provision whereby each insurer agrees not to Landlord and (iii) shall be endorsed to provide thirty (30) days cancel such insurance without 30 days’ prior written notice of cancellation to Landlord. Property All such insurance shall also contain a waiver and/or a permission to waive by appropriate endorsements denying Tenant’s insurers the insurer any right of subrogation against Landlord and the waivers by all such insurers of all rights of recovery against Landlord Parties which might arise in connection with any loss or damage by reason of peril included within such insurance coverage, and Landlord shall not be liable to Tenant for loss or damage resulting from such included peril, and Tenant releases Landlord from any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord all claims with respect to each policy any such loss to the extent of the insurance required to be carried by proceeds paid with respect thereto. On or before the Commencement Date Tenant pursuant to this Article 9, shall furnish Landlord with a certificate of evidencing the insurer certifyingaforesaid insurance coverage, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate renewal certificates shall be endorsements naming furnished to Landlord as additional insured as to liability insurance policies, 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 not less than at least 30 days prior to the expiration date of such insurance. (b) Throughout the Term, Landlord shall maintain, with responsible companies qualified to do business in the Commonwealth of Massachusetts, insurance on the Building covering the same against fire and other casualty covered in an “all-risk” policy, at its full replacement cost. Such insurance shall contain appropriate endorsements denying Landlord’s insurers the right of subrogation against Tenant and Tenant’s Representatives and waivers by all such insurers of all rights of recovery against Tenant and Tenant’s Representatives in connection with any loss or cancellation of the policy being renewed damage by peril included within such insurance coverage, and Tenant and Tenant’s Representatives shall not be liable to Landlord for loss or replaced. damage resulting from such included peril, and Landlord may at any time releases Tenant and Tenant’s Representatives from time-to-time inspect and/or copy any and all claims with respect to any such loss to the extent of the insurance policies required to be proceeds paid with respect thereto. (c) If during the Term insurance 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 pursuant shall pay to this Article 9. D. The commercial general liability Landlord as additional rent the amount of such increase in insurance carried premiums. Any amount payable by Tenant hereunder shall specifically insure be paid to Landlord within 10 days after notice to Tenant accompanied by the performance by Tenant premium notice or other evidence of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2amount due.

Appears in 2 contracts

Samples: Lease (Plures Technologies, Inc./De), Lease (CMSF Corp)

Tenant’s Insurance. (a) Notwithstanding Article XXII, Tenant shall maintain insurance complying with all covenants to provide on or before the Commencement Date for the benefit of the following: A. Tenant shall procure, pay for and keep in full force and effect, at all times during the Term, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire Landlord's mortgagee, Landlord's Managing Agent and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each comprehensive policy of liability insurance required to be carried and/or Certificate of Insurance protecting Landlord, Landlord's mortgagee, and Landlord's Managing Agent and Tenant against any liability whatsoever occasioned by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to accident on the Premises or in the Project (i) shall common areas of the Building, including the parking areas or any appurtenances thereto. Such policy is to be in a form satisfactory to Landlord, (ii) shall be provided written by carriers licensed insurance companies qualified to do business in the state State of CaliforniaNew Jersey, which shall be rated grade A or better in Best's with a Best's Insurance Guide rating therein of "ANI" 12 or better and/or acceptable to Landlord and (iii) the limits of liability thereunder shall be endorsed in at least the following minimum amounts: A. Workmen's Compensation Statutory. B. Employers Liability Not less than $100,000 X. Xxxxx Form Comprehensive Not less than $2,000,000 General Liability Insurance combined single limit including Contractual for both bodily injury Liability, Broad Form and property damage Property Damage, Personal Injury, Completed Operations, Products Liability, Fire Damage Such insurance may be carried under a blanket policy covering the Premises and other locations of Tenant, if any. (b) Fire and Extended Coverage, Vandalism, Malicious Mischief and Special Extended Coverage Insurance in an amount adequate to provide cover the cost of replacement of all personal property, decoration, trade fixtures, furnishings, equipment in the Premises and all contents therein. Landlord shall not be liable for any damage to such property of Tenant by fire or other peril includable in the coverage afforded by the standard form of fire insurance policy with extended coverage endorsement attached (whether or not such Coverage is in effect), no matter how caused, it being understood that the Tenant will look solely to its insurer for reimbursement. 23.2 Prior to the time such insurance is first required by this Article XXIII to be carried by Tenant, and thereafter, at least thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of any such policy, Tenant agrees to deliver to Landlord either a duplicate original of the aforesaid policy being renewed or replaced. Landlord a certificate evidencing such insurance, provided said certificate contains an endorsement that such insurance may not be canceled except upon thirty (30) days' notice to Landlord, together with evidence of payment for the policy. 23.3 Upon failure at any time on the part of Tenant to procure and deliver to Landlord the policy or certificate of insurance, as hereinabove provided, stamped "Premium Paid" by the issuing company at least thirty (30) days before the expiration of the prior insurance policy or certificate, if any, or to pay the premiums therefor, Landlord shall be at liberty, from time to time-to-time inspect and/or copy , as often as such failure shall occur, to procure such insurance and to pay the premium therefor, and any sums paid for insurance by Landlord shall be and all insurance policies required become, and are hereby declared, to be carried Additional Rent hereunder due immediately for the collection of which Landlord shall have all the remedies provided for in this Lease or by law for the collection of rent. Payment by Landlord of such premium or the carrying by Landlord of any such policy shall not be deemed to waive or release the default of Tenant pursuant with respect thereto. Tenant's failure to provide and keep in force the aforementioned insurance shall be regarded as a Default hereunder entitling Landlord to exercise any or all of the remedies as provided in this Article 9Lease in the event of Default. D. The commercial general liability insurance carried by Tenant 23.4 Landlord shall specifically insure maintain fire and extended coverage on the performance by Tenant of Building and improvements at the indemnification provisions set forth property in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed amounts reasonably satisfactory to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Radvision LTD), Lease Agreement (Radvision LTD)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for procure and keep in full force and effectmaintain, at all times during the Termand at its expense, in a form and with an insurance company acceptable to Landlord, the followingfollowing types of insurance: (1a) Commercial general liability insurance insuring Tenant against liability for bodily injuryWorkers’ Compensation Insurance to meet fully the requirement of any compensation act, plan or legislative enactment applicable in connection with the death, property damage and personal disability or injury occurring at the Premisesof Licensee’s officers, agents, servants or resulting from Tenant's use employees arising directly or occupancy indirectly out of the Premisesperformance of this Lease; (b) Employers’ Liability Insurance with limits of not less than $500,000 each accident, Building$500,000 policy limit for disease, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis and $500,000 each employee for disease; (c) Automobile Liability Insurance with a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in each occurrence for injury to or death of persons and damage to or loss or destruction of property arising out of the aggregateuse of owned or non-owned vehicles; (5d) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant Commercial General Liability Insurance for all rental, expense and other payment obligations of Tenant under this Lease for the Premises having a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy single limit of not less than $1,000,000 5,000,000.00 for each accident for bodily injury and property damageoccurrence, covering Tenant’s contractual liability hereunder, and insuring against all covering Tenant and Landlord for liability arising out of work performed by any third parties for Tenant in or about the Premises; and (e) property insurance at replacement cost value to cover the Improvements upon the Premises. Each of the foregoing types of coverage shall name the Landlord Entities as additional insureds and be considered primary and noncontributory, regardless of any insurance carried by Landlord; provided, however, Landlord shall be the loss in connection payee under the property insurance policy. Tenant shall deliver certificates of insurance evidencing the insurance required hereinabove to Landlord simultaneously with the ownershipexecution of this Lease by Tenant, maintenance and operation of automotive equipment which certificates shall reflect that is owned, hired or non-owned; B. Each policy of liability insurance required to the policies shall not be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide canceled without at least thirty (30) days written prior notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission If Tenant fails to waive by obtain the insurer any right of subrogation against necessary coverages, Landlord may do so at Tenant’s expense and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and same shall constitute additional rental. All insurance certificates should be delivered to Landlord’s Risk Management Department, Three Cxxxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, simultaneously with the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 execution of this Lease provided, however, nothing contained in this Article 9 shall by Tenant. The minimum limits of insurance provided for hereunder are not intended to be construed to limit a limitation on the liability of Tenant under hereunder and shall not waive Landlord’s right to seek a full recovery from Tenant. Landlord and Tenant hereby waive and shall cause their respective insurance carriers to waive any and all rights of recovery, claims, actions or causes of action against the indemnification provisions set forth in said Section 8.2other for any loss or damage with respect to Tenant’s property, leasehold improvements, the buildings, the Premises, or any contents thereof, including rights, claims, actions and causes of action based on negligence, which loss or damage is (or would have been, had the insurance required by this Lease been carried) covered by insurance.

Appears in 2 contracts

Samples: Lease Agreement (FreightCar America, Inc.), Lease Agreement (FCA Acquisition Corp.)

Tenant’s Insurance. Tenant shall maintain insurance complying as ------------------ follows, with all such other terms, coverages and insurers, as Landlord shall reasonably require from time to time, provided such terms and conditions shall not exceed those customarily required in similar buildings located in the vicinity of the following: A. Tenant shall procure, pay for and keep in full force and effect, at all times during the Term, the followingBuilding: (1i) Commercial general liability insurance insuring Tenant against insurance, with (a) contractual liability including the indemnification provisions contained in this Lease, (b) a severability of interest endorsement, (c) limits of not less than Two Million Dollars ($2,000.000) combined single limit per occurrence and not less than Two Million Dollars ($2,000,000) in the aggregate for bodily injury, sickness or death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation umbrella coverage of automotive equipment that is owned, hired or non-owned;not less than Five Million Dollars ($5,000,000). B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) Property Insurance against "All Risks" of physical loss covering the replacement cost of all improvements, fixtures and personal property and business interruption. Tenant waives all rights of subrogation, and Tenant's property insurance shall include a waiver of subrogation in favor of Landlord. (iii) Workers' compensation or similar insurance in form and amounts required by law, and Employer's Liability with not less than the following limits: Each Accident $500,000 Disease--Policy Limit $500,000 Disease-Each Employee $500,000 Such insurance shall contain a waiver of subrogation provision in favor of Landlord and its agents. Tenant's insurance shall be provided primary and not contributory to that carried by carriers Landlord, its agents, or mortgagee. Landlord, and if any, Landlord's building manager or agent, mortgagee and ground lessor shall be named as additional insureds as respects to insurance required of the Tenant in Section 9C(1). The company or companies writing any insurance which Tenant is required to maintain under this Lease, as well as the form of such insurance, shall at all times be subject to Landlord's reasonable approval, and any such company shall be licensed to do business in the state in which the Building is located. Such insurance companies shall have a A.M. Best rating of CaliforniaA VI or better. (iv) Tenant shall cause any contractor of Tenant performing work on the Premises to maintain insurance as follows, with a Bestsuch other terms, coverages and insurers, as Landlord shall reasonably require from time to time: (a) Commercial General Liability Insurance, including contractor's Insurance Guide rating liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement, and contractor's protective liability coverage, to afford protection with limits, for each occurrence, of "ANI" not less than One Million Dollars ($1,000,000) with respect to personal injury, death or better and/or acceptable to Landlord property damage. (b) Workers' compensation or similar insurance in form and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property amounts required by law, and Employer's Liability with not less than the following limits: Each Accident $500,000 Disease-Policy Limit $500,000 Disease-Each Employee $500,000 Such insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission provision in favor of Landlord and the Landlord Parties. C. Prior its agents. Tenant's contractor's insurance shall be primary and not contributory to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be that carried by Tenant pursuant to this Article 9Tenant, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued their agents or mortgagees. Tenant and premium paid providing the coverage required by this Article 9 Landlord, and containing the provisions herein. Attached to such a certificate if any, Landlord's building manager or agent, mortgagee or ground lessor shall be endorsements naming Landlord named as additional insured as to liability on Tenant's contractor's insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

Samples: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter Technologies Inc)

Tenant’s Insurance. (a) Tenant shall maintain insurance complying with all shall, during the term hereof and any other period of the following: A. Tenant shall procureoccupancy, pay for at its sole cost and expense, keep in full force and effect, at all times during effect the Term, the followingfollowing insurance: (1i) Commercial general liability Standard form property insurance insuring Tenant against liability for bodily injurythe perils of fire, deathextended coverage, property damage vandalism, malicious mischief, special extended coverage (“All-Risk”) and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premisessprinkler leakage. Such This insurance policy shall be on an occurrence basis with a combined single limit of liability of not less upon all property owned by Tenant, for which Tenant is legally liable or that was installed at Tenant’s expense, and which is located in the Project including, without limitation, furniture, fittings, installations, fixtures (other than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried improvements installed by Landlord), whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage personal property in an amount not less than $500,000 per incidentninety percent (90%) of the full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, $1,000,000 the decision of Landlord or any mortgagees of Landlord shall be conclusive. This insurance policy shall also be upon direct or indirect loss of Tenant’s earnings attributable to Tenant’s inability to use fully or obtain access to the Premises or Project in an amount as will properly reimburse Tenant. Such policy shall name Landlord and any mortgagees of Landlord as insured parties, as their respective interests may appear. (ii) Commercial General Liability Insurance insuring Tenant against any liability arising out of the lease, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the aggregate;amount of $5,000,000 Combined Single Limit for injury to, or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence, with such liability amount to be adjusted from year to year to reflect increases in the Consumer Price Index. The policy shall insure the hazards of premises and operation, independent contractors, contractual liability (covering the Indemnity contained in Section 18 hereof) and shall (1) name Landlord as an additional insured, and (2) contain a cross liability provision, and (3) contain a provision that “the insurance provided the Landlord hereunder shall be primary and non-contributing with any other insurance available to the Landlord.” (5iii) Business Income Workers’ Compensation and Employer’s Liability insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for (as required by state law). (iv) Rental loss insurance in an amount equal to all rental, expense and other payment obligations of Tenant under this Lease unpaid Rent which would be due for a period of not less than one year; andeighteen (18) months under the Lease. The amount of such rental loss insurance shall be increased from time to time during the Term as and when the Rent increases (including estimated increases in Additional Rent as reasonably determined by Landlord). (6v) Comprehensive automobile liability Tenant shall obtain and maintain loss of income and extra expense insurance with a policy limit in amounts as will reimburse Tenant for direct or indirect loss of not less than $1,000,000 each accident for bodily injury and property damage, and insuring earnings attributable to all peril commonly insured against all loss by prudent lessees in connection with the ownership, maintenance and operation business of automotive equipment that is owned, hired Tenant or non-owned; B. Each policy attributable to prevention of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect access to the Premises as a result of such perils. (vi) Any other form or the Project forms of insurance as Tenant or Landlord or any mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself (ib) All policies shall be written in a form satisfactory to Landlord, (ii) Landlord and shall be provided by carriers licensed to do business taken out with insurance companies holding a General Policyholders Rating of “A” and a Financial Rating of “X” or better, as set forth in the state most current issue of CaliforniaBests Insurance Guide. Within ten (10) days after the execution of this Lease, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable Tenant shall deliver to Landlord copies of policies or certificates evidencing the existence of the amounts and (iii) forms of coverage satisfactory to Landlord. No such policy shall be endorsed to provide cancelable or reducible in coverage except after thirty (30) days prior written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premisesshall, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 within ten days prior to the expiration of such policies, furnish Landlord with renewals or cancellation of the policy being renewed “binders” thereof, or replaced. Landlord may at order such insurance and charge the cost thereof to Tenant as additional rent. If Landlord obtains any time insurance that is the responsibility of Tenant under this section, Landlord shall deliver to Tenant a written statement setting forth the cost of any such insurance and from time-to-time inspect and/or copy any and all showing in reasonable detail the manner in which it has been computed. All insurance policies required to be carried by Tenant pursuant covering the Premises, including but not limited to this Article 9. D. The commercial general liability insurance carried contents, fire, and casualty insurance, shall to the extent permitted by Tenant shall specifically insure law expressly waive any right on the performance by Tenant part of the indemnification provisions set forth in Section 8.2 insurer against the Landlord. The failure of any insurance policy to include such waiver clause or endorsement shall not affect the validity of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2Lease.

Appears in 2 contracts

Samples: Office Lease (Rimini Street, Inc.), Office Lease (Rimini Street, Inc.)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force from the Commencement Date and effect, at all times during thereafter throughout the Term, Term the followingfollowing types of insurance: (1a) Commercial general liability insurance insuring under which Tenant against is the named insured and Landlord and any Mortgagee (as defined in Section 8.1 below) (provided that Landlord has identified such Mortgagee by notice to Tenant) are named as additional insureds with respect to their vicarious liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting covered claims arising from Tenant's ’s use or occupancy of the Premises, Buildingand under which the insurer provides a contractual liability endorsement, Common Areas and such coverage shall be written on an occurrence basis, with a minimum combined single limit of liability (alone or Project resulting in combination with excess or umbrella liability coverage) of not less than Five Million Dollars ($5,000,000.00); (b) Commercial property insurance, including sprinkler leakages, vandalism, and malicious mischief and plate glass damage covering all the items specified as Tenant’s property and all other property of every description including stock-in-trade, furniture, fittings, installations, alterations and additions, partitions and fixtures or anything in the nature of a leasehold improvement made or installed by or on behalf of the Tenant (but only to the extent said alterations, additions, partitions, fixtures or leasehold improvements are required to be removed by Tenant at the expiration or sooner termination of this Lease in accordance with the provisions herein) in an amount of not less than one hundred percent (100%) of the full replacement cost thereof as shall from Tenant's activities time to time be determined by Tenant in form satisfactory to Landlord in its reasonable discretion; (c) Worker’s compensation and occupational disease insurance with statutory limits, provided that Tenant may self-insure for such purposes to the extent permitted by Legal Requirements; and (d) Loss of use insurance which shall insure the Landlord against loss of use of the Premises due to fire or about other hazards, however caused; and (e) any other form or forms of insurance as Landlord may reasonably require from time to time (other than insurance that Landlord is required to maintain) in amounts and for insurable risks (on commercially reasonable terms) against which a prudent tenant would protect itself to the extent landlords of comparable buildings in the I-495 North Market Area require their tenants to carry such other form(s) of insurance. In addition, during the performance of any construction by Tenant on the Premises. Such , in addition to the above coverage required to be maintained by Tenant, Tenant shall cause the general contractor performing the work under any contract costing in excess of One Hundred Thousand Dollars ($100,000.00) to carry: (a) Workers’ compensation and occupational disease insurance shall be in statutory amounts; (b) employer’s liability insurance with a limit of not less than One Million Dollars ($1,000,000.00); (c) commercial general liability insurance, including personal injury and property damage, on an occurrence basis with in the amount of a combined single limit of liability not less than One Million Dollars ($1,000,000.00) for each occurrence; and (d) all risk installation floater insurance (on the complete value/full coverage form) to protect Landlord’s interest and that of Tenant, contractors and subcontractors during the course of the construction, with limits of not less than the amount total replacement cost of Tenant's Required Liability Coveragethe completed improvements under construction. The policy or Such contractor insurance policies shall be endorsed to name include Landlord and any Mortgagee (provided that Landlord has identified such others as are designated Mortgagee by Landlord notice to Tenant) as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to under this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) Subsection 3.6.1 shall be issued by companies acceptable to Landlord in a form satisfactory to the Landlord, (ii) shall be provided by carriers ’s reasonable discretion and licensed to do business in the state Commonwealth of CaliforniaMassachusetts, and shall be noncancellable with a Best's Insurance Guide rating of "ANI" or better and/or acceptable respect to Landlord and any Mortgagee (iii) shall be endorsed provided that Landlord has identified such Mortgagee by notice to provide Tenant), without thirty (30) days written days’ prior notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Mortgagee. Tenant shall, following Landlord’s written request therefor, deliver to Landlord and the any Mortgagee (provided that Landlord Parties. C. Prior has identified such Mortgagee by notice to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy Tenant) certificate(s) of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing evidencing the coverage required by this Article 9 hereunder. Landlord acknowledges and containing agrees that the provisions herein. Attached to such a certificate shall be endorsements naming Landlord insurance coverages reflected in the Tenant’s Certificates of Insurance attached hereto as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement of any such insurance, Exhibit C are in compliance with the requirements of this Article must be complied with not less than 30 days prior Lease as of the Commencement Date. Notwithstanding anything to the expiration or cancellation contrary hereinabove contained, Tenant may, at its option, include any of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions coverage hereinabove set forth in Section 8.2 general or blanket policies of insurance, and the coverage afforded may be effected by any combination of basic, excess or umbrella coverage; provided that as to property insurance, any blanket policy shall include an agreed amount clause or its equivalent. Any insurance policy which Tenant is required to maintain under this Lease provided, however, nothing contained in this Article 9 shall may have a maximum deductible of no more than $100,000.00. Tenant will be construed responsible to limit bear the liability deductible portion of Tenant under the indemnification provisions set forth in said Section 8.2any claims or losses.

Appears in 2 contracts

Samples: Lease Agreement (Mercury Computer Systems Inc), Lease Agreement (Mercury Computer Systems Inc)

Tenant’s Insurance. Tenant SECTION 8.01. Tenant, at its sole expense, shall maintain liability insurance complying with liability limits for injury to persons of not less than Two Million and 00/100 ($2,000,000.00) Dollars per person and Two Million and 00/100 ($2,000,000.00) Dollars per occurrence, and for injury to property of not less than One Million and 00/100 ($1,000,000.00) Dollars per occurrence, insuring against all liability arising out of the following: A. Tenant shall procure, pay for and keep in full force and effect, at all times during the Term, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Demised Premises. All such insurance shall insure performance by Tenant of the indemnity provisions of Article XV and shall name Landlord, BuildingTenant and such other persons with an interest in the Building as Landlord shall designate as the insureds. SECTION 8.02. Tenant covenants and represents, Common Areas or Project resulting from said representation being specifically designed to induce Landlord to execute this Lease, that Tenant's activities in 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 about the Premises. Such insurance destruction due to Landlord's negligence shall be on an occurrence basis fully insured by a policy of insurance covering all risks with no deductible which policy shall specifically provide for a combined single limit waiver of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name subrogation for Landlord and such others all Building tenants without regard as are designated by 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 insureds. The limits of said insurance required by this Lease as carried by Tenant shall notnamed insured, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the then Tenant shall be primary to any similar insurance carried by Landlord, whose insurance in default hereunder and shall be considered excess insurance onlydeemed 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 (260) Fire consecutive calendar months at the request of Landlord by an appraiser, architect or contractor who shall be mutually and casualty insurance with "all risk" coverage insuring 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 against loss from physical damage to or if Tenant's personal propertyMortgagee so requires, inventorythen such insurance proceeds shall be held by Tenant's Mortgagee, stockThe proceeds shall first be used to pay Tenant's mortgage, trade fixtures if Tenant's Mortgagee so elects, and alterations within the Premises with coverage 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 full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making written request of alterations or the construction of improvements or the like undertaken Tenant which shall be accompanied by reasonable evidence signed by Tenant, "Builder's All Risk" insurance or the executive officer of Tenant, or by the architect or engineer in an amount approved 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 Landlord covering Tenant, or is justly due to contractors, subcontractors, material men, engineers, architects or other persons who have rendered services or furnished materials for the alterations or improvements and Contractor's Protective Liabilityrestoration therein specified, and Products giving a brief description of such services and Completed Operations Coverage materials and the several amounts so paid or due to each of said persons in an amount 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 less than $500,000 per incident, $1,000,000 exceed the value of the services and materials described in the aggregate;certificate. (5) Business Income insurance 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 extra expense coverage with coverage amounts that shall reimburse Tenant materials, there is no outstanding indebtedness shown on Tenant's books or known to the person signing such certificate, after due inquiry, for all rentalwhich payment was made under any prior requisition for labor, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damagewages, and insuring against all loss materials, supplies or services in connection with such construction work, which if unpaid, might become the ownershipbasis of a vendor's, maintenance and operation 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 automotive equipment the public records or a search of a title insurance company doing business in the State of New Jersey showing that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant there has not been filed with respect to the Premises 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 Project (i) 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 in a form satisfactory insufficient to Landlordpay the entire cost of such construction, (ii) 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 provided paid over to Tenant. SECTION 8.04. All insurance required under this Lease shall be issued by carriers licensed insurance companies of recognized responsibility which are authorized to do business in the state State, having a Best Rating of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.B+ or

Appears in 2 contracts

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

Tenant’s Insurance. 7.1 The Tenant shall maintain covenants that nothing will be done or omitted by the Tenant whereby any insurance complying with all policy may be canceled or the Leased Assets rendered uninsurable. 7.2 The Tenant shall, at its own expense, during the term of the following: A. Tenant shall procurethis Lease, pay for take out and keep in full force comprehensive public liability and effect, at all times during property damage insurance for the Term, mutual benefit of the following: (1) Commercial general liability insurance insuring Landlord and the Tenant against liability all claims for bodily personal injury, death, or property damage and personal injury no matter how occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an Leased Assets to a limit, per any one occurrence basis with a combined single limit of liability of or claim, not less than the amount 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 Required Liability Coverage’s property. The policy 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 endorsed called in to name Landlord cover Landlord’s claim and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by the Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to responsible for any similar insurance carried by Landlord, whose deductible. 7.4 Certificates of such insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect delivered to the Premises Landlord as well as evidence of renewal or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide 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 notice consent of cancellation to the Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and Failing so the Landlord Parties which might arise by reason of may, if it chooses, without any payment under demand, notice or advice whatsoever, renew or replace such policy or by reason policies at the Tenant’s expense without any prejudice to any other rights and recourses of any act or omission of Landlord and the Landlord Partiesherein or by law provided, through any insurance broker or insurance company of its choice. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant 7.5 Such insurance shall deliver be contracted with insurers and in conformity with terms satisfactory to the Landlord with respect and pursuant to each policy which the Landlord shall be designated as an additional insured on the general liability insurance policy. 7.6 The Tenant hereby agrees and understands that the placing of such insurance shall in no way relieve the Tenant from any 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 expiration thereof. Should the Tenant fail to contract or maintain the insurance required by the present Lease, or should the Tenant fail to be carried by Tenant pursuant to this Article 9, a certificate of provide the insurer certifying, in a form satisfactory insurance certificates to the Landlord, that the policy has been issued Landlord may after providing Tenant notice of deficiency and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached ten (10) days to such a certificate shall be endorsements naming Landlord as additional insured as correct same, from time to liability time, contract insurance policies, and including for the wording under primary insurance above. With respect to each renewal Tenant’s or replacement of any such insurancefor its own benefit or for both their benefits, for a period which the requirements of this Article must be complied with not less than 30 days prior to Landlord deems appropriate; all premiums paid by the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and be recovered from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9the Tenant, on demand, as additional rent. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

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

Tenant’s Insurance. Tenant shall agrees to maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effect, effect at all times during the Term, at its sole cost and expense, for the followingprotection 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: (1i) Commercial general liability insurance insuring Tenant against in an amount not less than Three Million Dollars ($3,000,000) 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 excess liability for bodily coverage, which includes blanket contractual liability broad form property damage, personal injury, deathcompleted operations, property damage and personal injury occurring at products liability, which policy shall name Landlord and Landlord's Agents as additional insureds and shall contain a provision that "the Premisesinsurance provided Landlord hereunder shall be primary and non-contributing with any other insurance available to Landlord with respect to any damage, loss, liability or resulting from expense covered by Tenant's use or occupancy indemnity obligations under PARAGRAPH 21.A of the PremisesLease." (ii) Causes of loss-special form property insurance (including, Buildingwithout limitation, Common Areas or Project resulting from vandalism, malicious mischief, inflation endorsement, and sprinkler leakage endorsement) on Tenant's activities Personal Property located on or in or about the Premises. Such insurance shall be in the full amount of the replacement cost, as the same may from time to time increase as a result of inflation or otherwise. As long as this Lease is in effect, the proceeds of such 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 have the right, at its election, to self-insure with respect to any loss or damage to Tenant's Personal Property. (iii) Boiler and machinery insurance, including steam pipes, pressure pipes, condensation return pipes and other pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in an occurrence basis amount satisfactory to Landlord. (iv) Workers compensation insurance in the manner and to the extent required by applicable law and with a combined single limit limits of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance minimum required by this Lease as carried by Tenant shall notunder applicable law, however, limit the liability covering all employees of Tenant nor relieve Tenant of having any obligation hereunderduties or responsibilities in or about the Premises. All insurance Any policy required to be carried maintained by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for may be maintained under a period so-called "blanket policy" insuring other parties and/or other locations, so long as the amount of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit and type of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance coverage required to be carried by Tenant pursuant to this Article 9 provided hereunder is not thereby diminished, changed or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Partiesadversely affected. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

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

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procureshall, pay for and keep in full force and effectat its own cost, at all times during the Lease Term, procure and maintain workmen's compensation insurance in the following: maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (1commonly known as "all risk") Commercial for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance insuring Tenant against liability insurance, including coverage for bodily injury, deathproperty damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premisesand property damage for products and completed operations. Such All such insurance shall be on an occurrence basis procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with a combined single limit of liability general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the amount of Tenantmost current available Best's Required Liability Coverage. The policy or policies Insurance Reports, and shall be endorsed otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and such others as are designated by Landlord Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of said Tenant's insurance required by this Lease as carried by Tenant shall not, howeverunder any circumstances, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord PartiesLease. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

Samples: Office Lease (Esoft Inc), Office Lease (Lightbridge Inc)

Tenant’s Insurance. Throughout the Term of this Lease, Tenant shall maintain insurance complying with all ISO Special Form property insurance, including building and machinery comprehensive form, in an amount equal to 100% of the following: A. 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 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 shall procurehereby 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, pay for and keep in full force and effectTenant shall, at all times during the TermTenant’s expense, the following: (1) Commercial maintain commercial general liability insurance insuring Tenant against liability claims for bodily personal injury, death, death or property damage and personal injury occurring at the Premisesin, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in upon or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 3,000,000 per incidentoccurrence and $3,000,000 annual aggregate (with a separate general aggregate limit for the Premises), $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy combined single limit of or equivalent in an amount not less than $1,000,000 each accident for bodily injury and property damage2,000,000, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy workers’ compensation insurance as required by law. Tenant’s policies of liability insurance shall name Landlord as an additional insured, shall provide coverage for blanket contractual liability, premises, products/completed operations, and personal and advertising injury coverage. Tenant’s policies of insurance shall be primary and not contributory as to other insurance purchased by or available to Landlord, and shall have retentions or deductibles reasonably acceptable to Landlord. A certificate of the insurance required to be carried by Tenant pursuant to under this Article 9 or actually carried by Tenant with respect 13 shall be delivered to Landlord prior to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord Commencement Date and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than thereafter at least 30 days prior to the expiration or cancellation of the then current policies. Upon the written request of Landlord, copies of such policies shall also be delivered to Landlord. Each policy being renewed shall contain an endorsement prohibiting cancellation or replaced. Landlord may non-renewal without at any time and from time-to-time inspect and/or copy any and all insurance policies required least 30 days prior notice to be carried by Tenant pursuant to this Article 9Landlord. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Go Daddy Group, Inc.), Purchase and Sale Agreement (Go Daddy Group, Inc.)

Tenant’s Insurance. Tenant Tenant, in order to enable it to meet its obligation to insure against the liabilities specified in this Lease, 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 TermLease Term carry, at its own expense, for the followingprotection of Tenant, Landlord and Landlord’s management agent, as their interest may appear, one or more policies of general public liability and property damage insurance, issued by one or more insurance companies reasonably acceptable to Landlord, with the following minimum coverages: (1) A. Worker’s Compensation — minimum statutory amount. B. Commercial general liability General Liability Insurance, including not less than $2,000,000, combined single limit for both bodily and property damage. C. Special Risk Insurance, for the full cost of replacement of Tenant’s property. Tenant’s insurance insuring shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant against liability for bodily injury, death, property damage may provide the insurance required hereunder through one or more blanket insurance policies covering the Premises and personal injury occurring at the Premises, or resulting from other locations of Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord Landlord’s management agent as additional insuredsinsureds and shall provide that they may not be canceled on less than thirty (30) days’ prior written notice to Landlord. The limits Tenant shall furnish Landlord with Certificates of said Insurance evidencing such coverage. Should Tenant fail to carry such insurance and furnish Landlord with such Certificates of Insurance within thirty (30) days of Tenant’s receipt of Landlord’s written request to do so, or if any such insurance is cancelled for any reason, Landlord shall have the right to obtain such insurance and collect the cost thereof from Tenant as Additional Rent. Notwithstanding anything contained herein to the contrary, so long as Tenant maintains a tangible net worth of at least $125 million, which net worth shall be evidenced by a certificate executed by a principal officer of Tenant, Tenant shall have the right to self-insure for Tenant’s liability and special risk insurance required to be insured pursuant to the terms of this Lease. Tenant shall notify Landlord in writing thirty (30) days prior to self-insuring any risk. To the extent Tenant self-insures any risk, the waiver of subrogation that would otherwise apply to Tenant’s insurer shall apply to Tenant. Lastly, if Tenant self-insures any risk, Landlord may request (and Tenant shall deliver) a certificate executed by a principal officer of Tenant showing Tenant’s current or most recent quarter-ending tangible net worth. If Tenant is a publicly traded company at the time Landlord requests a certificate regarding Tenant’s net worth, Tenant shall supply financial statements certified as correct by a principal officer of Tenant. Tenant shall not be required to deliver a certificate more often than two times each calendar year. Finally, Tenant shall immediately inform Landlord if Tenant’s tangible net worth falls below $125 million, and if Tenant’s tangible net worth falls below $125 million, Tenant shall, as promptly as possible (but in no event later than thirty (30) days after Tenant becomes aware that its tangible net worth has so declined), secure the insurance required by this Lease as carried by and provide a copy thereof to Landlord. Before commencing the construction of any repairs, alterations or improvements to the Premises, Tenant shall notdeposit with Landlord certificates of worker’s compensation insurance and liability insurance of Tenant’s general contractor, howeveror if none, limit from each of Tenant’s independent contractors prior to the liability of Tenant nor relieve Tenant commencement of any obligation hereunderwork. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose Such contractors’ liability insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 1,000,000 per incidentoccurrence, $1,000,000 in the aggregate; (5) Business Income insurance or such greater amount as Landlord may reasonably require from time to time, and extra expense coverage with coverage amounts that shall reimburse Tenant for all rentalname as additional insureds, expense Landlord, Landlord’s management company and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile Landlord’s lender. The liability insurance with shall be on a policy limit of not less than $1,000,000 each accident for bodily injury and property damagegeneral commercial liability form, shall cover all hazards related to any work performed by any such contractor on the Premises, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability such additional insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant coverage shall apply as primary insurance with respect to the Premises or the Project (i) shall be in a form satisfactory any other insurance afforded to Landlord, (ii) shall be provided by carriers licensed to do business in the state of CaliforniaLandlord’s management company and Landlord’s lender, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 will not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and seek contribution from time-to-time inspect and/or copy any and all insurance policies required afforded to be carried by Tenant pursuant to this Article 9Landlord, Landlord’s management company or Landlord’s lender, whether as additional insureds or otherwise. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

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

Tenant’s Insurance. (a) The Tenant shall maintain insurance complying with covenants and agrees that it shall, at all times during the Operating Term and any renewal thereof, at the Tenant’s cost and expense, in the name of the following: A. Tenant shall procureand in respect of the Retail Component including the Retail Component Building, pay for take out and keep in full force and effect, at all times during effect the Term, the followingfollowing insurance policies: (1i) Commercial general liability all risks (including sewer back up, flood and earthquake) property insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy in an amount equal to one hundred percent (100%) of the Premisesfull replacement cost, Building, Common Areas or Project resulting from Tenant's activities in or about with the Premisessame site limitation deleted. Such insurance shall be written on an occurrence a stated amount co-insurance basis with a combined single and shall include: (A) the Retail Component, including the foundation; (B) all property owned by the Tenant or for which the Tenant is legally liable located on the Retail Component, including leasehold improvements, chattels, furniture, all internal and external plate glass, stock, office equipment, equipment, fixtures, contents and signs, but excluding all property of any Subtenant; (C) extra expense insurance in such amounts as will reimburse the Tenant for extra expense incurred arising out of prevention of access to the Retail Component or any part of it; (D) coverage for contingent liability from the enforcement of building by-laws, including the demolition and replacement of undamaged portions of the buildings or structures, cost of demolition and clearing of site and increased costs of construction, which coverage shall be in excess of and not included in the limit of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed applicable to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.building debris removal; and (2E) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereofdebris removal; (3ii) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" business interruption insurance in an amount approved by sufficient to cover any and all obligations to the Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease respecting Rent for a period of not less than one yeartwenty-four (24) months; (iii) professional fees insurance in the amount of not less than $100,000; (iv) comprehensive equipment breakdown coverage on all objects, including production machinery which are under the Tenant’s care, custody and control. Basis of loss settlement shall be repair and replacement cost, with the same site limitation deleted. Coverage shall include business interruption, extra expense to the extent indicated in Section 12.1(a)(i)(C) and 12.1(a)(ii) and blanket by-laws. Coverage shall also include water damage; hazardous substances; ammonia contamination; and professional fees; with deductible with regards to the policies in subparagraphs (i) to (iv) no greater than $25,000 for direct damage; $50,000 for flood; and three percent (3%) of the property insured or $100,000, whichever is greater, for earthquake; and shall be the sole responsibility of the Tenant; (v) commercial general liability insurance issued on an occurrence basis for an amount of not less than $10,000,000 per occurrence and $10,000,000 annual aggregate for any negligent act or omission by the Tenant or for those whom the Tenant is legally liable. Such insurance shall include bodily injury and property damage, including loss of use; premises, property and operations; personal and advertising injury; owners’ and contractors’ protective; occurrence property damage products liability; broad form completed operations; incidental medical malpractice; non- owned automobile; broad form property damage; employer’s liability, including volunteer compensation; blanket contractual liability; liquor liability (if applicable); and cross liability and severability of interests clauses. The deductible shall be no greater than $25,000 and shall be the sole responsibility of the Tenant; and (6vi) Comprehensive if applicable, automobile liability insurance with respect to owned or leased vehicles used directly or indirectly by the Tenant covering third party liability for bodily injury, death and damage to property with a policy limit of not less than $1,000,000 5,000,000 inclusive for each accident for bodily injury and property damageevery loss. (b) The insurance in Section 12.1(a)(v) shall add the Landlord and its elected officials, agents, officers and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant employees as additional insured with respect to the Premises or operations of the Project (i) Tenant. This insurance shall be in a form satisfactory non-contributing and apply as primary and not as excess of any insurance available to the Landlord, . (iic) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property The forgoing insurance shall contain a waiver and/or a permission to waive by name the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord Mortgagee as loss payee with respect to each policy of the insurance required to be carried by Tenant pursuant to this Article 9stipulated in Sections 12.1(a)(i), a certificate 12.1(a)(ii) and 12.1(a)(iv), as the interest of the insurer certifyingLandlord or of the Tenant Mortgagee may appear. (d) Notwithstanding Section 12.1(a) hereof, in a form satisfactory to upon receiving the Approval of the Landlord, that the policy has been issued Tenant may choose to self insure or to underinsure the Retail Component, if any insurance required hereunder is not available on commercially reasonable terms. (e) Property, boiler and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all machinery insurance policies required to be carried by Tenant pursuant to this Article 9shall contain provisions for settling joint loss disputes. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

Samples: Retail Lease, Retail Lease

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 effectmaintain, at its own cost and expense, in responsible companies approved by Landlord, combined single limit public liability insurance, insuring Landlord and Tenant, as their interests may appear, against all times during the Termclaims, the following: (1) Commercial general liability insurance insuring Tenant against liability demands or actions for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant death of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance one person in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident 500,000.00; and for bodily injury, personal injury or death of more than one person in any one accident in an amount of not less than $500,000.00; and for damage to property damage, in an amount of not less than $500,000.00. Landlord shall have the right to direct Tenant to increase such amounts whenever it considers them inadequate. Such liability insurance shall also cover and insuring against include all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each exterior signs maintained by Tenant. The policy of liability insurance required to may be carried in the form of a general 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 pursuant to this Article 9 or actually carried by Tenant with respect to 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 Project (i) replacement costs of any items of value, including but not limited to signs, stock, inventory, fixtures, improvements, floor coverings and equipment. All of said insurance shall be in a form and in responsible companies satisfactory to Landlord, (ii) and shall provide that it will not be provided by carriers licensed subject to do business in the state of Californiacancellation, with a Best's Insurance Guide rating of "ANI" termination or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty change except after at least Thirty (30) days prior written notice of cancellation to Landlord. Property Any insurance procured by Tenant as herein required shall contain a an express waiver and/or a permission to waive by the insurer of any right of subrogation by the insurance company against Landlord. The policies, together with satisfactory evidence of the payment of the premiums thereon, shall be deposited with Landlord and on the day Tenant begins operations. Thereafter, Tenant shall provide Landlord Parties which might arise by reason with evidence of proof of payment upon renewal of any payment under such policy policy, not less than Thirty (30) days prior to expiration of the term of such coverage. In the event Tenant fails to obtain or maintain the insurance required hereunder, Landlord may obtain same and any costs incurred by reason Landlord in connection therewith shall be payable by Tenant upon demand. Landlord shall carry public liability insurance covering the exterior of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver including, but not limited to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9sidewalks, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued malls and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9parking lot. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

Samples: Option for Lease (Florida Coastline Community Group Inc), Option to Lease (Coastal BHC Inc)

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 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 (1including 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 Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Demised Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making portions of alterations or the construction of improvements or the like undertaken Shopping Center used by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not with limits no less than $500,000 1,000,000.00 per incident, occurrence and $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage 2,000,000.00 general aggregate with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for respect to bodily injury and property damage, including contractual liability, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant $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 Premises or general aggregate limits apply separately to each insured location. Tenant will name Landlord as “Additional Insured” and include (a) an endorsement to the Project (i) shall be in a form satisfactory effect that the insurer agrees to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to notify Landlord and (iii) shall be endorsed to provide not less than thirty (30) days written notice in advance of any modification or cancellation to Landlord. Property thereof; (b) an endorsement providing that such insurance shall contain 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 and/or a permission to waive 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 or upon the Demised Premises any article which may be prohibited by the insurer standard form of property insurance. Tenant agrees to pay, on ten (10) days written demand, and as Additional Rent, any right increase in Landlord’s premiums for property and liability insurance, boiler and loss of subrogation against Landlord and rents that may be charged during the Landlord Parties which might arise by reason term of any payment under this lease as a result of such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, actions. · Tenant shall deliver require any contractor performing work on the Demised Premises to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9carry and maintain, a certificate of the insurer certifying, in a form satisfactory at no expense to the Landlord: comprehensive general liability insurance, that 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 Governing Law. Tenant shall provide evidence of contractor’s coverage prior to any Tenant Work being performed in the policy Demised Premises to: axxxxxxx@xxxxxxxxxxxxxx.xxx · Tenant will furnish to Landlord copies of evidence of property coverage (Axxxx 28) and Certificate of Liability Insurance (Axxxx 25) evidencing coverages required by this Lease, and evidence of payment of the 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 until it has been issued and premium paid providing received evidence of the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

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

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procureshall, pay for at Tenant’s expense, obtain and keep in full force and effect, at all times during the Termterm of this Lease, the following: (1) Commercial a commercial general liability insurance policy insuring Tenant and protecting Landlord and the Landlord Entities against any liability for to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and property damage, personal injury, deathcontractual liability, property damage completed operations, products liability, host liquor liability, owned and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy non-owned automobile liability arising out of the Premisesownership, Buildinguse, Common Areas occupancy or Project resulting from Tenant's activities in or about maintenance of the PremisesLeased Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis with a combined single limit of liability of policy 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 amount of Tenant's Required Liability CoverageLandlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy or policies 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 endorsed primary, not contributing with, and not in excess of coverage 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 name Landlord and such others as are designated by Landlord as 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. The limits of said insurance required by this Lease as carried by Tenant shall not, however, not limit the any liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Not more frequently than every year, if, in the Tenant shall be primary to any similar insurance carried by reasonable opinion of Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premiseshereunder is not adequate, Tenant shall deliver to the Landlord with respect to each policy of promptly increase said insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage as required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9Landlord. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

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

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 At all times during the Term, Tenant will carry and maintain, at Tenant’s expense, on an occurrence basis, the followingfollowing insurance, in the amounts and on the forms specified below or such other amounts and on such other forms as Landlord may from time to time reasonably request, with insurance companies satisfactory to Landlord: (a) Bodily injury to or personal injury to or death of any person, or more than one (1) person, or for damage to property in an amount of not less than $1 million combined single limit each Occurrence/General Aggregate and including a per location General Aggregate endorsement. All such insurance will be written on the most current occurrence ISO Commercial general liability insurance insuring Tenant against liability for bodily injuryGeneral Liability Form including without limitation, death, property damage and personal injury occurring at and contractual liability coverage for the Premises, or resulting from Tenant's use or occupancy performance by Tenant of the Premisesindemnity agreements set for in this Lease, Buildingwhich insurance shall include a waiver of subrogation rights in favor of Landlord; (b) Insurance covering all of Tenant’s furniture and fixtures, Common Areas or Project resulting from machinery, equipment, and any other personal property owned and used in Tenant's activities in ’s business and found in, on, or about the Premises. Such insurance shall be on , and any leasehold improvements to the Premises in an occurrence basis with a combined single limit of liability of amount not less than the amount full replacement cost under Standard Fire and Extended Coverage Policy and all other risks of Tenant's Required Liability Coveragedirect physical loss as insured against under Special Form (“all risk of direct physical loss” coverage). The All such insurance will be written on the most current ISO Commercial Property Form. All policy proceeds will be used for the repair or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits replacement of said insurance required by this Lease as carried by Tenant shall notthe property damaged or destroyed; except, however, limit if this Lease ceases under the liability provisions of Article 15, Tenant nor relieve Tenant of any obligation hereunder. All insurance to will be carried by the Tenant shall be primary entitled to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss proceeds resulting from physical damage to Tenant's ’s furniture and fixtures, machinery, equipment, and any other personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3c) Workers' Worker’s compensation insurance insuring against and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of alterations or the construction State/Commonwealth of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective LiabilityFlorida, and Products and Completed Operations Coverage Employer’s Liability Insurance in the limits required by the laws of the State/Commonwealth of Florida but in an amount not less than $500,000 per incident, $1,000,000 in the 500,000.00 aggregate; (5d) Business Income Such other insurance and extra expense coverage with coverage (including without limitation plate glass insurance), in such amounts that shall reimburse Tenant for all rental, expense and other payment obligations as Landlord or its lender may reasonably require of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide upon thirty (30) days days’ prior written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Partiesnotice. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Inc)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. (a) Tenant shall procure, pay for and keep in full force and effect, at all times during the Lease Term, the following: (1i) Commercial general liability insurance insuring Tenant against liability for personal injury, bodily injury, death, death and damage to property damage and personal injury occurring at within the Leased Premises, or resulting from Tenant's ’s use or occupancy of the Leased Premises, the Building, Common the Outside Areas or Project the Property (including without limitation the use of petroleum storage tanks), or resulting from Tenant's ’s activities in or about the Premises. Such Leased Premises or the Property, with coverage in an amount equal to Tenant’s Required Liability Coverage (as set forth in Article 1), which insurance shall be on an occurrence basis with a combined single limit of liability of not less than the amount contain “contractual liability” and “broad form property damage” coverages insuring Tenant’s performance of Tenant's Required Liability Coverage. The policy or policies shall be endorsed ’s obligations to name Landlord and such others as are designated by indemnify Landlord as additional insureds. The limits of said insurance required by contained in this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlyLease. (2ii) Fire and casualty property damage insurance with "all risk" in “special form” coverage insuring Tenant against loss from physical damage to Tenant's ’s personal property, inventory, stock, trade fixtures and alterations improvements within the Leased Premises with coverage for the full actual replacement cost thereof; (3iii) Business income/extra expense insurance sufficient to pay Base Monthly Rent and Additional Rent for a period of not less than twelve (12) months; (iv) Plate glass insurance, at actual replacement cost; (v) Boiler and machinery insurance (including equipment breakdown and rental loss coverage for covered perils), to limits sufficient to restore the Building; (vi) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of the distribution, sale, use or consumption of food and/or beverages (including alcoholic beverages, if applicable) at the Leased Premises for not less than Tenant’s Required Liability Coverage (as set forth in Article 1); (vii) Workers' compensation insurance and any other employee benefit (statutory coverage) with employer’s liability in amounts not less than $1,000,000 insurance sufficient to comply with all Laws;laws, provided that these required coverage limits may, at Tenant’s election, be met through a combination of primary and excess policies; and (4viii) With respect to making of any alterations or modifications or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance course of construction, commercial general liability, automobile liability and workers’ compensation (to be carried by Tenant’s contractor), in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate;with coverage reasonably satisfactory to Landlord. (5b) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 paragraph or actually carried by Tenant with respect to the Leased Premises or the Project Property: (i) shall be in a form satisfactory to Landlordshall, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord except with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9subparagraphs (a)(ii) and (a)(viii) above, a certificate of the insurer certifying, in a form satisfactory to the name Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.and

Appears in 2 contracts

Samples: Lease Agreement (Switch & Data, Inc.), Lease (Switch & Data, Inc.)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procurecovenants, pay for and keep in full force and effectat its expense, at all times during the TermLease Term and at such further time as Tenant occupies the Leased Premises or any part thereof, to indemnify, save and hold Landlord and Landlord’s agents harmless from and against all liability, injury, loss, cost, damage and/or expense (including reasonable attorneys’ fees) in respect of any injury to, or death of, any person, and/or damage to, or loss or destruction of, any property while on the following: (1) Commercial general Leased Premises or any other part of the Shopping Center occasioned by any act or omission of Tenant, or anyone claiming by, through or under Tenant including without limitation, Tenant’s agents, contractors, employees, licensees, and suppliers. Tenant further covenants to maintain, in responsible companies approved by Landlord, public liability insurance insuring Tenant and Landlord and Landlord’s agents, as their interests may appear, as Additional Insured, against liability all claims, demands or actions for bodily injury, death, property damage and personal injury occurring at the Premises, to or resulting from Tenant's use or occupancy death of the Premises, Building, Common Areas or Project resulting from Tenant's activities any one person in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability amount of not less than the amount One Million Dollars ($1,000,000) and for injury or death of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of more than one person in any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance one occurrence in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and One Million Dollars (6$1,000,000) Comprehensive automobile liability insurance with a policy limit and for damage to property in an amount of not less than Five Hundred Thousand Dollars ($1,000,000 each accident for bodily injury 500,000) made by or on behalf of any persons, firm or corporation, arising from, related to, or connected with the conduct and property damageoperations of Tenant’s business in the Leased Premises, and insuring in addition, and in like amounts covering Tenant’s contractual liability under the aforesaid indemnity and hold harmless clause; to 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 Leased Premises; to maintain plate glass insurance covering all loss exterior plate glass in connection the Leased Premises and fire insurance with usual extended coverage endorsements covering all of Tenant’s stock in trade, fixtures, furniture, furnishings, floor coverings and equipment in the ownership, maintenance Leased Premises. Tenant shall be responsible for and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect shall insure against damage to the Premises or the Project (i) buildings occasioned by theft of Tenant’s property. All of said insurance shall be in a form and in responsible companies satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall provide that it will not be endorsed subject to provide cancellation, termination or change except after at least thirty (30) days prior written notice of cancellation to Landlord. Property A duly executed Certificate of Insurance clearly stating the insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against requirements provided for herein, naming Landlord and Landlord’s agent as Additional Insured (which shall evidence the Landlord Parties which might arise by reason insurer’s waiver of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord subrogation) together with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate satisfactory evidence of the insurer certifyingpayment of the premium thereon, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming deposited with Landlord as additional insured as on or before the date of delivery of the Leased Premises to liability insurance Tenant and upon renewals of such policies, 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 not less than 30 thirty (30) days prior to the expiration or cancellation of the policy being renewed or replaced. term of such coverage; and that if Tenant fails to comply with such requirements, Landlord may at any time obtain such insurance and from time-to-time inspect and/or copy any keep the same in effect, and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure pay Landlord the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2premium cost thereof upon demand.

Appears in 2 contracts

Samples: Master Condominium Shopping Center Lease Agreement, Master Condominium Shopping Center Lease Agreement

Tenant’s Insurance. Tenant shall, at its sole cost and expense, obtain and maintain throughout the term of this Lease, on a full replacement cost basis, “all risk” insurance covering all of Tenant’s inventory, furniture, furnishings, fixtures, equipment and all tenant improvements or tenant finish (whether or not installed by Landlord) and betterments located on or within the Leased Premises. In addition, Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for obtain and keep in full force and effectmaintain, at all times during the Termits sole cost and expense, the following: (1) Commercial comprehensive general liability insurance insuring Tenant providing coverage from and against liability for bodily injuryany loss or damage occasioned by an accident or casualty on, about or adjacent to the Leased Premises, including protection against death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premisesand property damage. Such insurance liability coverage shall be written on an occurrence basis “occurrence” basis, with a combined single limit of liability limits of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed $1,000,000.00 for injury to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary death to any similar insurance carried by Landlordone person and, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage in respect of injury or death in any one accident, to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury 3,000,000.00, and property damage, and insuring damage insurance against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired claims for damage or non-owned; B. Each policy of liability insurance required injury to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect property to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state limit of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlordnot less than $1,000,000.00. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy All policies of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate hereunder shall be endorsements naming written by an insurance company reasonably acceptable to Landlord and licensed to do business in the State of Colorado; and shall name Landlord and the management company as an additional named insured and/or loss payee, as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may direct. Each such policy shall provide that same shall not be reduced or cancelled without at least thirty (30) days’ prior written notice to Landlord and any time mortgagee of Landlord. Certificates evidencing the extent and from time-to-time inspect and/or copy any and effectiveness of all of Tenant’s insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed delivered to Landlord and the management company upon request. The limits of such insurance shall not, under any circumstances, limit the liability of Tenant under this Lease. In the indemnification provisions set forth event that Tenant fails to maintain any of the insurance required of it pursuant to this provision, Landlord shall have the right (but not the obligation) at Landlord’s election, to pay Tenant’s premiums or to arrange reasonable substitute insurance with an insurance company of Landlord’s choosing, in said Section 8.2which event any premiums advanced by Landlord shall constitute additional rent payable under this Lease and shall be payable by Tenant to Landlord immediately upon demand for same. Landlord shall also have the right, but not the obligation, whether or not Tenant maintains coverage to carry any such insurance as Landlord may elect in order to provide coverage in the event Tenant fails to properly maintain such insurance. Landlord’s election to obtain any such insurance coverage for Tenant shall not constitute a cure or waiver of Tenant’s default in that regard. The rights of Landlord hereunder shall be in addition to, and not in lieu of, of any other rights or remedies available to Landlord under this Lease or provided by law or in equity. Without limiting the foregoing, in the event that coverage of any risk for which Tenant is responsible pursuant to this Lease is ultimately provided by coverage maintained by Landlord, whether due to Tenant’s failure to provided or maintain such insurance or otherwise, Tenant shall promptly reimburse Landlord for an amount equal to any deductible incurred, immediately upon demand for same.

Appears in 2 contracts

Samples: Lease Agreement (Advanced Energy Industries Inc), Lease Agreement (Advanced Energy Industries Inc)

Tenant’s Insurance. Tenant covenants and agrees that from and after taking possession of the Leased Premises, Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for carry and keep in full force and effectmaintain, at all times during the Termits sole cost and expense, the followingfollowing types of insurance, in the amounts specified and in the form hereinafter provided for: (1a) Commercial Comprehensive general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) annual aggregate. If such insurance coverage has a deductible clause, the deductible amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord not exceed Five Thousand Dollars ($5,000) per occurrence including loss adjustment expense, and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlyliable for such deductible amount. (2b) Fire Worker’s compensation insurance or self insurance as required by the State of Michigan and casualty employer’s liability insurance with "in amounts as reasonably determined by Tenant and reported to Landlord upon the execution of this Lease and upon any change in such amounts during the Lease Term. (c) Insurance covering all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal propertyleasehold and non-structural improvements located on the Leased Premises and all furniture, fixtures, equipment (including, without limitation, the Equipment), inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liabilitymerchandise, and Products personal property (including, without limitation, signs and Completed Operations Coverage plate glass) from time to time in, on or upon the Leased Premises, in an amount not less than $500,000 per incidentone hundred percent (100%) of their full replacement value, $1,000,000 providing protection against any peril included within the classification “All Risk”, together with insurance, if pertinent, against sprinkler damage. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed. Tenant’s obligation to maintain the insurance provided for in this Section may be brought within the aggregate; (5) Business Income coverage of any “blanket policy” or policies of insurance carried and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried maintained by Tenant pursuant to this Article 9 provided that the coverage afforded will not be reduced or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise diminished by reason of any payment under the use of such policy or by reason blanket policies of any act or omission of Landlord and insurance. In the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, event that Tenant shall deliver fail to pay the Landlord with respect to each policy of premiums due for the insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage policies required by this Article 9 and containing Section, Landlord shall have the provisions herein. Attached right, but not the obligation, to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including pay the wording under primary insurance above. With respect to each renewal or replacement of same in which case any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9payment shall constitute an Advance. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

Samples: Lease (Esperion Therapeutics, Inc.), Lease (Esperion Therapeutics, Inc.)

Tenant’s Insurance. Tenant shall carry insurance during the entire Term hereof insuring Tenant, and insuring Landlord, Landlord’s constituent members and agents, all Mortgagees and Ground Lessors and their respective agents, partners and employees, with terms, coverages and in companies satisfactory to Landlord, and with such changes in insured parties and increase in limits as Landlord may from time to time request, but initially Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep following coverages in full force and effect, at all times during the Term, the followingfollowing amounts: (1i) Commercial general liability insurance with the broad form commercial liability endorsement, including contractual liability insurance covering Tenant’s indemnity obligations hereunder, insuring Tenant against liability claims for death, bodily injury, death, personal injury and property damage and personal injury occurring at the Premisesupon, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 5,000,000.00 per incident, $1,000,000 in the aggregate; (5) Business Income insurance occurrence and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for having a period of not less than one year; and (6) Comprehensive automobile liability insurance with general aggregate amount on a policy limit per location basis of not less than $1,000,000 each accident 5,000,000.00. Landlord shall be named as an additional insured on such policy. (ii) “All risk” physical damage insurance including fire, sprinkler leakage, vandalism and extended coverage for bodily injury and property damagethe full replacement cost of all Landlord’s Work, Landlord’s Additional Work, Tenant’s Alterations, and insuring against all loss in connection with the ownershipother additions, maintenance improvements and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect alterations to the Premises or (providing that Landlord is an additional named insured as its interest may appear) and of all office furniture, trade fixtures, office equipment, merchandise and all other items of Tenant’s property on the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and Premises. (iii) shall be endorsed to provide thirty (30) days written notice Workers’ Compensation and Employers’ Liability insurance in an amount of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 $1,000,000.00, both in accordance with the laws of the State of Illinois. (iv) Such other insurance or coverage as Landlord reasonably requests. Tenant shall, prior to the commencement of the Term and from time to time during the Term (and, in any event, not less than ten days prior to the expiration of any such policy), furnish to Landlord certificates of insurance (with proof of payment) and, if requested by Landlord, copies of all policies, evidencing the foregoing insurance coverage. Tenant’s policies shall state that such insurance coverage may not be amended, cancelled or cancellation of not renewed without at least thirty (30) days’ prior written notice to Landlord and Tenant, and shall further provide that the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy shall not be invalidated should the insured party have waived in writing prior to a loss, any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant rights of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2insured party against any other party for losses covered by such policy.

Appears in 2 contracts

Samples: Office Lease (Archipelago Holdings L L C), Office Lease (Archipelago Holdings L L C)

Tenant’s Insurance. Tenant shall carry insurance during the entire Term hereof with terms, coverages and in companies satisfactory to Landlord and with such increases in limits as Landlord may request from time to time, but initially Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep following coverages in full force and effect, at all times during the Term, the followingfollowing amounts: (1a) Commercial Comprehensive or commercial general liability insurance insuring Tenant against liability for bodily injuryinsurance, deathincluding contractual liability, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall notbasis, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than Fifteen Million Dollars ($500,000 15,000,000.00) combined single limit per incidentoccurrence, $1,000,000 in covering Tenant, Landlord and its beneficiaries as a named insured and Landlord's mortgagee as an additional insured. (b) Insurance against fire, sprinkler leakage, vandalism and the aggregateextended coverage perils for the full replacement cost of all additions, improvements and alterations to the Premises owned or made by Tenant, if any, and of all office furniture, trade fixtures, office equipment, merchandise and all other items of Tenant's property on the Premises, with loss or damage payable to Landlord and Tenant as their interests may appear. (c) Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Extended Coverage Endorsement, insuring the improvements at any time situated upon the Premises against loss or damage by fire, lightning, wind storm, hail storm, aircraft, vehicles, smoke, explosion, riot or civil commotion. The insurance coverage shall be for not less than 100% of the full replacement cost of such improvement with all proceeds of insurance payable to Landlord. Landlord shall be a named insured on such policies. The insurance shall include standard mortgagee loss payable clauses for benefit of Landlord's Mortgagee. The full replacement cost of improvements shall be determined every five (5) years by an insurance appraiser selected by Tenant with Landlord's reasonable approval and paid for by Tenant or by other means reasonably acceptable to Landlord and its First Mortgagee. Any insurance appraiser hired by Tenant shall submit a written report of his appraisal to Landlord and Tenant and if said report shows that the improvements are not insured as herein required, Tenant shall promptly obtain such additional insurance as is required; (5d) Business Income insurance Boiler Insurance, insuring Landlord and extra expense Tenant with the same limits of coverage with coverage amounts that shall reimburse as provided in subsection (c) for loss or damage by boiler or internal explosion or break down of boilers; (e) Worker's Compensation Insurance, insuring Tenant for from all rentalworker's compensation claims; (f) Plate Glass Insurance, expense insuring Landlord and other payment obligations of Tenant under this Lease for a period of not less than one yearfrom damage to any plate glass on the Premises; and (6g) Comprehensive automobile liability insurance with a policy limit Builders Risk Insurance insuring Landlord and Tenant against "all risks" including collapse and transit coverage during any construction of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation any improvements to or repair of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or after the Project (i) Commencement Date covering the total value of work performed and equipment, supplies and material furnished. Such insurance shall be in written by companies of nationally recognized financial standing, legally qualified to issue such insurance and accorded a form satisfactory to Landlordrating by A.M. Best Company, (ii) shall be provided by carriers licensed to do business in the state Inc. of California, with a Best's Insurance Guide rating of "ANI" A:XII or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to higher at the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement issuance of any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy. Each insurance policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure contain, where appropriate, a clause stating that such policy will be considered as primary insurance for Landlord and its agents and beneficiaries and not call into contribution any other insurance that may be available to Landlord. All insurance claims other than under Worker's Compensation and contents insurance pertaining to the performance by Tenant Premises in amounts of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 $25,000 or less shall be construed to limit adjusted by the liability insurer with Tenant, and all claims in excess of $25,000 shall be adjusted by Landlord and Tenant under the indemnification provisions set forth in said Section 8.2jointly.

Appears in 2 contracts

Samples: Office Lease (May & Speh Inc), Office Lease (May & Speh Inc)

Tenant’s Insurance. Tenant shall procure and maintain during the Lease Term, at its sole cost and expense, a policy or policies of insurance complying with all protecting Landlord and Tenant against each of the following: A. Tenant shall procure, pay for and keep in full force and effect, at all times during the Term, the following: (1a) Commercial general liability insurance with respect to the operations of Tenant insuring Tenant against liability for bodily injury, death, injury or death and property damage in amounts (i) not less than $10,000,000 in the aggregate,(ii) not less than $2,000,000 per occurrence and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy (iii) not less than $10,000,000 of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premisesexcess umbrella liability insurance. Such insurance shall be on an occurrence basis contain separation of insured clauses and separation of insureds, with Landlord and any third party now or hereafter providing financing to Landlord where such third party has a combined single limit of liability of not less than security interest in the amount of Tenant's Required Liability Coverage. The policy or policies Premises under such financing shall be endorsed to name Landlord and such others as are designated by Landlord included as additional insureds. Tenant may satisfy the foregoing limits through any combination of primary and umbrella/excess policies, provided the combined total coverage is not less than $20,000,000 in the aggregate. The limits amount of said insurance required by this Lease as carried by Tenant shall not, however, limit the such commercial general liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess increased from time to time as Landlord may reasonably determine. All such bodily injury and property damage insurance onlyshall insure Tenant’s exposure with respect to the indemnity agreement as to personal injury or property damage contained in Section 6.1 herein. (2b) Fire Insurance covering Tenant’s construction, alterations, additions or improvements permitted herein (other than the core and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal propertyshell of the Buildings and structural elements of other improvements), inventory, stockexisting tenant improvements, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenantpersonal property, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident100% of their full replacement cost from time to time during the Lease Term, $1,000,000 in providing protection on an all risk basis, including, without limitation, coverage for earthquakes, for the aggregate;repair or replacement of the property damaged or destroyed. (5c) Business Income insurance Pollution Legal Liability that provides first party coverage for clean-up costs and extra expense third party coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damagedamage resulting from pre-existing and future contamination conditions, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to at least Five Million Dollars ($5,000,000.00) per pollution event; such coverage shall specifically include this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Partieslease as an insured contract. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy (d) The minimum limits of insurance required to be carried by Tenant pursuant shall not limit Tenant’s liability. All policies of insurance to this Article 9be provided by Tenant shall be issued by insurance companies, with general policy holder's rating of not less than A and a certificate financial rating of not less than Class VIII as rated in the most current available "Best's" Insurance Reports, and admitted to do business in the State of California. Such policies shall be issued in the name of Tenant, with Landlord, Lxxxxxxx’s managing agent, lenders, and any other party designated by Landlord (“Additional Insured Parties”) included as an additional insured. Tenant’s property insurance and any builder’s risk policy carried by Tenant or its contractors shall identify Landlord or, at Landlord’s direction, Landlord’s lender, as a loss payee. The full replacement cost of improvements under Txxxxx’s property insurance may be designated by Landlord in the good faith exercise of Lxxxxxxx's judgment. In the event that Txxxxx does not agree with Lxxxxxxx's designation, Tenant shall have the right to submit the matter to an insurance appraiser reasonably selected by Landlord and paid for by Tenant. The insurance appraiser shall submit a written report of his appraisal, and if said report discloses that the improvements are not insured as therein required, Tenant shall promptly obtain the insurance required. The policies provided by Tenant shall be for the mutual and joint benefit and protection of Landlord and Tenant, and certificates of insurance shall be delivered to the Landlord within ten (10) days after the Lease Commencement Date and, thereafter, within thirty (30) days after to the expiration of the insurer certifyingterm of each such policy. Upon Landlord’s request, Tenant shall deliver to Landlord, in a form satisfactory lieu of such certificates, copies of the policies of insurance required to be carried under Section 6.2.2 showing that the Additional Insured Parties are named as additional insureds (with respect to the Landlord, that applicable policies). Upon the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal expiration or replacement termination of any such policy, renewal or additional policies shall be procured and maintained by the Tenant to provide the required coverage. All policies of insurance delivered to Landlord must contain a provision that the company writing said policy will provide Landlord with thirty (30) days’ notice in writing in advance of any cancellation or lapse or the effective date of any reduction in the amounts of insurance (except in the event of non-payment of premium, in which case ten (10) days’ written notice shall be given). Notwithstanding the foregoing, if the foregoing requirement that the insurance company provide prior notice to Landlord of cancellation or material change of the applicable policy cannot reasonably be obtained based on then-prevailing insurance industry practices, Tenant shall so advise Landlord of such unavailability and shall instead shall use reasonable efforts to cause its insurer to provide Landlord, and in any event Tenant shall provide Landlord with, notice of any such cancellation of any of Tenant’s insurance policies. All of Tenant’s commercial general liability, property damage and other casualty policies shall be written as primary policies, not contributing with and not in excess of coverage which Landlord may carry. Txxxxx agrees that if, after the Commencement Date, Tenant does not take out and maintain the insurance required under this Section 6.2, Landlord may (but shall not be required to) procure, and thereafter maintain, said insurance on Tenant's behalf, and any costs or expenses incurred by Landlord in connection therewith, plus an administration fee of ten percent (10%) of the cost, shall promptly be paid by Tenant to Landlord as Additional Rent. (e) Notwithstanding anything to the contrary, Txxxxx's obligation to carry the insurance described in this Section 6.2.2 may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by the Tenant, provided that (i) Landlord will be an additional insured thereunder as its interests may appear; (ii) the coverage afforded Landlord will not be reduced or diminished by reason of the use of such blanket policy of insurance; and (iii) the requirements set forth herein are otherwise satisfied. In the event of any Claims covered by Tenant’s insurance, the requirements of this Article must be complied Tenant shall, within 10 days following Lxxxxxxx’s written request, provide Tenant with not less than 30 days prior to the expiration or cancellation copies of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all applicable insurance policies required to be carried by Tenant pursuant to this Article 9Lease. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

Samples: Lease Agreement (Ionis Pharmaceuticals Inc), Purchase and Sale Agreement (Ionis Pharmaceuticals Inc)

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 At all times during the Termterm of this Lease, Tenant will carry and maintain, at Tenant’s expense, the followingfollowing insurance, in the amounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and on forms satisfactory to Landlord: (1a) Commercial Comprehensive general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit limits of liability of not less than $2,000,000 for bodily injury, personal injury or death to one or more persons and damage to property by water or otherwise. All such insurance will specifically include, without limitation, contractual liability coverage for the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried performance by Tenant shall not, however, limit of the liability indemnity agreements set forth in Article 21.00 of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlythis Lease. (2b) Fire All Risk or Special Form property insurance covering all of Tenant’s equipment, trade fixtures, appliances, furniture, furnishings and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventoryfrom time to time in, stockon, trade fixtures and alterations within or upon the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by TenantDemised Premises, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incidentthe full replacement cost without deduction for depreciation from time to time during the term of this Lease, $1,000,000 in providing protection against all perils included within the aggregate;classification of fire, extended coverage, vandalism, malicious mischief, special extended peril. All policy proceeds will be used for the repair or replacement of the property damaged or destroyed; however, if this Lease ceases under the provisions of Article 18.00, Tenant will be entitled to any proceeds resulting from damage to Tenant’s equipment, trade fixtures, appliances, furniture and personal property, and Landlord will be entitled to all other proceeds. (5c) Workmen’s compensation insurance insuring against and satisfying Tenant’s obligations and liabilities under the workmen’s compensation laws of the state in which the Demised Premises are located. (d) Business Income interruption insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease payable for a period of not less than one year; andtwelve (12) months commencing with the date of any loss. (6e) Comprehensive automobile liability insurance with If there is a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive boiler or air conditioning equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried installed by Tenant pursuant to this Article 9 in, on, adjoining, above or actually carried by Tenant with respect to beneath the Premises or the Project (i) shall be in a Demised Premises, broad form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business pressure vessel insurance in the state amount of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties$100,000.00. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the (f) Such other insurance as Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifyingmay, in a form satisfactory to the Landlordits sole discretion, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policiesdeem reasonable, and including the wording under primary insurance above. With respect to each renewal appropriate or replacement of any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9prudent. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)

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 At all times during the Term, Tenant will carry and maintain, at Tenant's expense, the followingfollowing insurance, in the amounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and on forms satisfactory to Landlord: (1a) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, Bodily injury and property damage and personal injury occurring at the Premisesliability insurance, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with a combined single occurrence limit of liability of not less than $5,000,000 per occurrence. All such insurance will be equivalent to coverage offered by a commercial comprehensive general liability form, including without limitation, personal injury, products and completed operations, broad form property damage, and contractual liability coverage for the amount performance by Tenant; (b) Insurance covering all of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord furniture and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall notfixtures, howevermachinery, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventoryequipment, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations personal property owned and used in Tenant's business and found in, on, or about the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective LiabilityProject, and Products and Completed Operations Coverage any leasehold improvements to the Premises in an amount not less than $500,000 per incidentthe full replacement cost. Property forms will provide coverage on a broad form basis insuring against "all risks of direct physical loss." All policy proceeds will be used for the repair or replacement of the property damaged or destroyed; however, $1,000,000 in if this Lease ceases under the aggregateprovisions of Article 15, Tenant will be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery, equipment, stock, and any other personal property; (5c) Business Income Worker's compensation insurance insuring against and extra expense coverage with coverage amounts that shall reimburse Tenant for all rentalsatisfying Tenant's obligations and liabilities under the workers' compensation laws of the state in which the Project is located, expense and other payment obligations including employers' liability insurance in the limits required by the laws of Tenant under this Lease for a period of not less than one yearthe state in which the Project is located; and (6d) Comprehensive Owned, hired, or nonowned comprehensive automobile liability insurance with at a policy limit of liability not less than $1,000,000 each accident for 3,000,000 combined bodily injury and property damagedamage per occurrence. If Tenant fails to obtain or maintain any insurance required hereunder, and insuring against all loss Landlord shall have the option, without assuming any obligation in connection with therewith, to effect such insurance at the ownership, maintenance sole cost of the Tenant and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to all outlays by Landlord shall be carried reimbursed by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, as Additional Rent unless Tenant shall deliver to the Landlord with respect to each policy of have obtained or reinstated such insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the after 5 days notice from Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2...

Appears in 1 contract

Samples: Office Lease (Idt Corp)

Tenant’s Insurance. Tenant shall maintain insurance complying with all will, from and after the earlier of Tenant entering into the following: A. Tenant shall procure, pay for Premises or Commencement Date and keep in full force and effect, at all times during until the expiration or earlier termination of the Term, at Tenant’s sole expense, keep any Leasehold Improvements and other alterations or improvements to the followingPremises made by Tenant and all of Tenant’s machinery, equipment, furniture, fixtures, personal property (including also property under the care, custody, or control of Tenant) and business interests which may be located in, upon or about the Premises insured for the benefit of Tenant in an amount equivalent to the full replacement value or insurable value thereof against: (1a) Commercial loss or damage by fire; and (b) such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered with respect to a tenant’s machinery, equipment, furniture, fixtures, personal property and business located in a building similar in connection, general location, use, occupancy and design to the Building, including, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion and such other coverage as Tenant may deem appropriate or necessary. (c) Tenant covenants and agrees to maintain throughout the Lease Term, a policy or policies of insurance providing insurance coverage for Tenant’s liability for damage to the Building and its indemnification requirement under this Lease to be insured under standard hazard, fire, and extended coverage, plate glass insurance, comprehensive general liability insurance insuring Tenant against liability insurance, and including coverage for bodily injury, injury and death, property damage and damage, personal injury occurring at the Premises(employee and contractual liability exclusions deleted), and broad form property damage insurance, with a replacement coverage of not less than ninety percent (90%), and with regard to liability insurance, insuring both Landlord and Tenant against all claims, demands, or resulting from actions arising out of or in connection with Tenant's ’s use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about by the condition of the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liabilityfire legal liability, and Products and Completed Operations Coverage in medical payment coverage issued by an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed company qualified to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) Colorado. Coverage shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Partieson an occurrence basis. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary such insurance above. With respect to each renewal or replacement of any such insurance, the requirements of this Article must will be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The on a commercial general liability insurance carried by Tenant shall specifically insure form including, without limitation, personal injury and contractual liability for the performance by Tenant of the indemnification provisions indemnity agreements set forth in Section 8.2 of this Lease providedand shall contain the following minimum limits of liability: One Million and 00/100 Dollars ($1,000,000.00) for injury (or death) to any person, howeverOne Million and 00/100 Dollars ($1,000,000.00) for injury (or death) to any two or more persons, nothing contained in this Article 9 and Five Hundred Thousand and 00/100 Dollars ($500,000.00) with respect to property damage. All such policies shall name Landlord and the property manager (if any) as additional insureds, and shall provide that the same may not be canceled or altered except upon thirty (30) days prior written notice to Landlord. All insurance maintained by Tenant shall be construed primary to any insurance provided by Landlord. Tenant shall provide copies of such policies, or duly executed certificate(s) of such insurance, along with all corresponding endorsements, to Landlord upon the Commencement Date of the Lease term and at least thirty (30) days prior to any annual renewal date thereof. Such One Million Dollar ($1,000,000.00) limit may be increased from time to time in the liability reasonable discretion of Landlord. If Tenant under should fail to comply with the indemnification provisions set forth foregoing requirement relating to insurance, Landlord may obtain such insurance and Tenant shall pay to Landlord on demand as Additional Rent hereunder the premium cost thereof plus interest at the maximum contractual rate (but in said Section 8.2no event to exceed 1½% per month) from the date of payment by Landlord until repaid by Tenant. (d) Each party shall include in each of its policies insuring against loss, damage, or destruction by fire or other casualty a waiver of the insurer’s right of subrogation against the other party.

Appears in 1 contract

Samples: Lease Agreement (Where Food Comes From, Inc.)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant Tenant, at its sole cost and expense, shall procure, pay for and keep in full force and effecteffect throughout the Term the following types of insurance, in at all times during least the Term, amounts and in the followingforms specified below: (1a) Commercial general liability insurance insuring Tenant against liability with combined single limit for bodily injury, deathpersonal injury, death and property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities liability coverage in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunderFive Million Dollars ($5,000,000) per occurrence. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile such liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions indemnity agreement as to liability for injury to or death of persons and injury or damage to property set forth in Section 8.2 11.4. (b) Workers' compensation coverage as required by law. (c) Insurance covering all of Tenant's trade fixtures, equipment and other personal property from time to time in, on or about the Premises in an amount not less than their full replacement value from time to time, providing protection against any peril included within an ISO "Special Form" insurance policy. (d) At such time as Landlord does not provide insurance covering the Premises, Tenant shall have the right, upon notice to Landlord, to carry insurance covering the Premises in an amount not less than their full replacement value from time to time (adjusted on the anniversary of the renewal date of Tenant's policy), providing protection against any peril included within an ISO "Special Form" insurance policy and earthquake and flood and terrorism insurance and, if Tenant is entitled and elects to do so, Tenant shall have no responsibility to pay any share of the insurance carried by Landlord pursuant to Section 11.2(a) below. If Tenant has the right to provide insurance of the type described in the first sentence of this Lease providedsubsection (d), however, nothing contained Tenant's election to do so shall be made within ten (10) business days after receipt of the quote and the information described in clauses (i) through (iii) of Section 11.2(a) below. With respect to any policy year after Tenant makes an election to carry the insurance described in this Article 9 subsection (d), within ten (10) business days after Tenant's request therefor, Landlord shall provide Tenant with a written annual premium quote obtained by Landlord for the insurance described in this subsection (d) and, at Tenant's election made within ten (10) business days after receipt of such quote, Tenant may require Landlord to carry the insurance described in this subsection (d), in which case Tenant shall pay its share thereof in accordance with Section 11.2(d) below. If Tenant elects to require Landlord to carry the insurance described in this subsection (d), the foregoing process (Landlord obtaining a quote for the ensuing policy year and Tenant's election to require Landlord to carry such insurance or to carry the same itself) shall be construed repeated prior to limit each policy renewal date such that the liability election hereunder by Tenant to require Landlord to carry the insurance or to carry the same itself shall be an annual election which may be made by Tenant at least ten (10) business days prior to such policy renewal date. Any proceeds of any policy obtained by Tenant pursuant to this subsection (d) with respect to damage to the Premises shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the indemnification provisions set forth in said of Article 12. Notwithstanding the foregoing, Tenant shall be deemed to have satisfied its obligations under this Section 8.211.1 so long as Mindspeed is maintaining such insurance.

Appears in 1 contract

Samples: Sublease (Mindspeed Technologies, Inc)

Tenant’s Insurance. Tenant shall maintain insurance complying with at all times during the Term of the following: A. Tenant shall procure, pay for and Lease keep in full force and effect, at all times during the Termits sole cost and expense, including, but not limited to, the followingtypes and amounts of insurance that follow: (1) Commercial general A. Comprehensive public liability and property damage insurance and products liability insurance (where there is exposure) insuring Tenant against liability claims for bodily personal injury, deathsickness, disease or death and property damage and personal injury occurring at the Premisesdamage, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis , including independent contractor coverage, with a combined single limit limitation of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than Three Million Dollars ($500,000 per incident, $1,000,000 in the aggregate; (53,000,000.00) Business Income insurance and extra expense coverage or with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations split limits of Tenant under this Lease for a period of bodily injury not less than one year; and Two Million Dollars (6$2,000,000.00) Comprehensive automobile per occurrence and property damage liability insurance with a policy limit of not less than One Million Dollars ($1,000,000 each accident for bodily injury 1,000,000.00). B. Fire and property extended coverage insurance covering Tenant's merchandise, personal property, fixtures, improvements, wall coverings, floor coverings, window coverings, alterations, furniture, equipment, lighting, ceilings, heating, ventilation and air conditioning equipment, interior plumbing and plate glass, against loss or damage by fire, windstorms, hail, earthquakes, explosion, riot, floods, damage from aircraft and vehicles, smoke damage, vandalism and insuring against malicious mischief and such other risks as are from time to time covered under "extended coverage" endorsements and special extended coverage endorsements commonly known as "all loss risks" endorsements in connection an amount equal to the greater of the full replacement value or that required by Landlord's mortgagee from time to time. C. Business interruption insurance, which will include coverage for Tenant's total rental obligation for twelve (12) full months including Minimum and Additional Rents. D. If the nature of Tenant's use of the Premises requires that any or all of its employees be provided coverage under State Workers' Compensation Insurance or similar statutory coverage containing statutorily prescribed limits. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its acts or omissions as provided in this Lease. All of the foregoing insurance policies (with the ownership, maintenance exception of Workmen's Compensation Insurance to the extent not available under statutory law) shall name Landlord (and operation of automotive equipment such other interested parties as Landlord shall from time to time designate) as an additional insured and shall provide that is owned, hired or non-owned; B. Each policy of liability any loss be payable to Landlord (and any other interested parties as Landlord shall designate). All insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) hereunder shall be in a form satisfactory to Landlord, (ii) shall be provided placed with companies approved by carriers Landlord and licensed to do business in the state State of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) Colorado. All such policies shall be endorsed written as primary policies, non-contributing with and in excess of coverage which Landlord may carry. Tenant shall deliver copies of all such policies and all endorsements thereto, certified as true and complete by the issuer thereof, prior to provide the Commencement Date, together with evidence from the insurer that such policies are fully paid for, and that no cancellation, material change or non-renewal thereof shall be effective except upon thirty (30) days days' prior written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by from the insurer any right of subrogation against to Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, designees. If Tenant shall deliver fail to the procure and/or maintain said insurance, Landlord with respect may, but shall not be obligated to each policy do so, and without waiving any other rights under this Lease, procure and maintain any one or more portions of insurance Tenant's required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, at the expense of Tenant; 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant reimburse Landlord therefor within ten (10) days of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2invoice.

Appears in 1 contract

Samples: Office Building Lease (Oceanic Exploration Co)

Tenant’s Insurance. On or before the earlier to occur of (i) the Commencement Date, or (ii) the date Tenant shall maintain insurance complying with all commences any work of any type in the following: A. Premises pursuant to this Lease (which may be prior to the Commencement Date), and continuing throughout the entire Term hereof and any other period of occupancy, Tenant shall procure, pay for and agrees to keep in full force and effect, at all times during the Termits sole cost and expense, the followingfollowing insurance: (1i) Commercial general liability Causes of Loss - Special Form" (or, if not available at any time, then the broadest form available at such time) property insurance insuring including at least the following perils: fire and extended coverage, smoke damage, vandalism, malicious mischief, sprinkler leakage. This insurance policy must be upon all property owned by Tenant against liability for bodily injury, death, property damage and personal injury occurring located at the PremisesBuilding including, without limitation, any Alterations made by or resulting from Tenant's use or occupancy of for the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about Tenant (expressly excluding the Premises. Such insurance initial Tenant Improvements installed by Tenant per Exhibit "B" which 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. The policy or policies shall be endorsed to name Landlord and such others as are designated insured by Landlord as additional insureds. The limits part of said insurance required by this Lease as carried by Tenant shall notits coverage of the Building's shell and core), howeverand all furniture, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlordfittings, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal propertyinstallations, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making personal property of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate;full replacement cost thereof. (5ii) Business Income insurance and extra expense coverage Commercial General Liability Insurance or Comprehensive General Liability Insurance with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile an aggregate liability insurance with a policy limit of amount not less than $1,000,000 each accident 5,000,000 combined single limit for both bodily injury and property damage, including blanket broad form property damage, personal injury, completed operations, products liability and insuring against all loss in connection with the ownershiphost liquor liability (or liquor liability, maintenance and operation if applicable). At least $1,000,000 of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) such coverage shall be provided by carriers licensed to do business in the state of Californiaa primary liability policy, with and any balance may be provided by a Best's Insurance Guide rating of so-called "ANIumbrella" or better and/or acceptable to Landlord and excess liability policy. If such policy is an aggregate liability limit policy, not less than $5,000,000 of such limit per annum shall be available for claims originating at the Premises. (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive Workers' Compensation as required by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate laws of the insurer certifyingState, in including employer's liability at a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement limit of any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9One Million Dollars ($1,000,000). D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Office Building Lease (Emulex Corp /De/)

Tenant’s Insurance. (a) Commercial General Liability Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procureshall, pay for at Tenant’s expense, secure and keep in full force and effect, at all times during the Term, the following: (1) Commercial a “broad form” commercial general liability insurance and property damage policy covering the Premises, insuring Tenant, and naming Landlord, Landlord’s investment advisors, property managers and agents from time to time, including, without limitation, UBS Realty Investors LLC, and Landlord’s lenders as additional insureds (collectively, “Landlord’s Insureds”) against any liability arising out of the ownership, use, occupancy or maintenance of the Premises. The minimum limit of coverage of such policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, shall include an extended liability endorsement providing contractual liability coverage (which shall include coverage for Tenant’s indemnification obligations in this Lease), and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for bodily injury, death, property damage and personal injury occurring of at the Premises, least Three Million Dollars ($3,000,000.00). Landlord may from time to time require reasonable increases in any such limits if Landlord believes that additional coverage is necessary or resulting from Tenant's use or occupancy desirable. The limit of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such any 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried No policy maintained by the Tenant under this Paragraph 15(a) shall contain a deductible greater than five thousand dollars ($5,000.00). No policy shall be primary cancelable or subject to any similar insurance carried by Landlordreduction of coverage without thirty (30) days prior written notice to Landlord (except in the event of cancellation as a result of nonpayment, whose in which case the insurer shall give Landlord at least ten (10) days prior written notice). Such policies of insurance shall be considered issued as primary policies and not contributing with or in excess of coverage that Landlord may carry, by an insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed company authorized to do business in the state state/commonwealth in which the Premises are located for the issuance of California, with a Best's Insurance Guide rating such type of "ANI" insurance coverage and rated B+:XIII or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice in Best’s Key Rating Guide. The amount of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the liability coverage required hereunder may be achieved by this Article 9 and containing the provisions herein. Attached Tenant’s obtaining excess liability or “umbrella” policies to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under supplement its primary insurance above. With respect to each renewal or replacement of any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9policy. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Warehouse/Industrial Lease Agreement

Tenant’s Insurance. (a) Tenant shall maintain insurance complying with all of the following: A. Tenant shall procureshall, pay for at Tenant's sole expense, obtain and keep in full force and effect, at all times during the TermTerm and any extension or renewal thereof: (I) fire and extended coverage insurance with vandalism and malicious mischief endorsements and a sprinkler leakage endorsement, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injuryon all of its personal property, deathincluding removable trade fixtures, property damage and personal injury occurring at located in the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be and on an occurrence basis with a combined single limit of liability of all leasehold improvements and all additions and improvements made by Tenant for not less than the amount full replacement cost thereof; (II) comprehensive general liability insurance, including contractual liability coverage, insuring Landlord (as an additional insured) and Tenant against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto, and (III) xxxxxxx'x compensation and employer's liability insurance, if required by applicable laws. (b) Tenant's Required Liability Coverage. The policy or policies insurance shall be endorsed to name Landlord and such others as are designated with insurance companies approved by Landlord, which approval shall not be unreasonably withheld. No insurance shall be approved by Landlord as additional insuredsif the company is not: (I) a responsible insurance carrier authorized to issue the relevant insurance, (II) authorized to do business in Florida, and (III) at least A-rated in the most current edition of Best's Insurance Reports and shall have minimum limits of Five Hundred Thousand and No/100 Dollars ($500,000.00) for any loss of or damage to property from any one accident, and One Million and No/100 Dollars ($1,000,000.00) for death of or injury to any one person from any one accident. The limits of said the insurance required by this Lease as carried by Tenant shall not, however, limit the liability of the Tenant nor relieve Tenant of any obligation hereunder. All insurance The policies cannot contain provisions which deny coverage because the loss is due to be carried by the fault of Landlord or Tenant. If Tenant shall fail to procure and maintain the insurance, Landlord may, but shall not be primary required to, procure and maintain same, but at the expense of Tenant. Tenant shall deliver to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage prior to Tenant's personal propertyoccupancy of the Premises, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making copies of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy policies of liability insurance required to be carried by Tenant pursuant to this Article 9 herein, or actually carried by Tenant certificates evidencing the existence and amount of such insurance, with respect to the Premises or the Project (i) shall be in a form loss payable clauses reasonably satisfactory to Landlord. Notwithstanding anything herein to the contrary, (ii) Landlord shall be provided by carriers licensed have the right to do business review the Tenant's insurance once every year and may require Tenant to alter its insurance coverage to cover the effects of inflation and to include or eliminate certain provisions in the state Tenant's insurance policy which reflects the then-current industry standards for the type of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Partiescoverage. C. Prior (c) Notwithstanding anything herein to the time Tenant contrary, the parties hereto release each other and their respective authorized representatives from any claims for damage to any person or any of its contractors enters to the Premises, Tenant shall deliver to the Landlord with respect to each policy of Building and the Land that are caused by or result from risks that are insured against when any insurance required to be policies carried by Tenant pursuant to this Article 9, a certificate the parties and in force as of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement time of any such insurancedamage or injury, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation extent of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9net recovery therefrom. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease Agreement (International Assets Holding Corp)

Tenant’s Insurance. 16.1 The Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for provide at its own expense and keep in full force force, during any rent-free period and effectcontinuously throughout the Term of this Lease and any renewal thereof, at all times during in the Termname of the Tenant, the Landlord and the Landlord's mortgagee, the following: (1) Commercial 16.1.1 Comprehensive general public liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit respect to the business carried on, in or from the Leased Premises and the Tenant's use and occupancy of liability the Leased Premises and of any other part of the Building or Lands with coverage for any one occurrence or claim of not less than TWO MILLION DOLLARS ($2,000,000.00), which insurance shall include the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as an additional insureds. The limits insured, and shall contain cross liability and severability of said insurance required by this Lease as carried by Tenant interest clauses and shall not, however, limit protect the liability Landlord in respect of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried claims by the Tenant shall be primary as if the Landlord were separately insured; 16.1.2 Insurance with respect to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire fire and casualty insurance with "all risk" such other perils as are from time to time included in the usual extended coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stockendorsement covering the leasehold improvements, trade fixtures and alterations within the furniture and the equipment in the Leased Premises with coverage for not less than the full actual replacement cost thereof, which insurance shall include the Landlord and any mortgagee of the Building as ADDITIONAL insureds as their respective interests may appear; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" 16.1.3 Business interruption insurance in an such amount approved as will reimburse the Tenant for direct or indirect loss of earnings attributable to any peril commonly insured against by Landlord covering prudent tenants or attributable to the alterations or improvements prevention of access to the Leased Premises as a result of any such peril; and 16.1.4 Insurance against any such other peril and Contractor's Protective Liabilityin such reasonable amounts as the Landlord, and Products and Completed Operations Coverage in an amount acting reasonably, may from time to time reasonably require upon not less than $500,000 per incidentthirty (30) days notice, $1,000,000 such requirement to be made on the basis that the required insurance is customary at the time for reasonably prudent tenants occupying premises similar to the Leased Premises. 16.2 Where the Tenant may desire to receive indemnity by way of insurance for any property, work or thing whatever, the Tenant shall insure same for its own account and shall not look to the Landlord for reimbursement or recovery in the aggregate;event of loss or damage from any cause, whether or not the Landlord has insured same and recovered therefor. (5) Business Income 16.3 To the extent only of insurance proceeds actually received by the Landlord under the policy or policies of insurance maintained OR REQUIRED HEREUNDER TO BE MAINTAINED BY LANDLORD, THE LANDLORD AGREES TO RELEASE THE TENANT FOR ANY LOSS SUSTAINED. 16.4 The Tenant agrees to release and extra expense coverage with coverage amounts that shall reimburse hold harmless the Landlord for loss or damage to the property of the Tenant for and in addition all rental, expense and other payment obligations policies of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by written on behalf of the Tenant pursuant to this Article 9 or actually carried by Tenant Paragraph 16.1.2 shall contain a waiver of any subrogation rights which the Tenant's insurers may have against the Landlord and against those for whom the Landlord is in law responsible. 16.5 Each policy of insurance referred to in Paragraph 16.1 hereof shall be taken out with respect insurers qualified to carry on business in the Province of Ontario, who are reasonably acceptable to the Premises or the Project (i) Landlord and shall be in a form satisfactory satisfactory, from time to time, to the Landlord and shall further be non-contributing with, and shall apply only as primary and not excess to, any other insurance available to the Landlord or to the Landlord's mortgagee and shall not be invalidated as respects the interest of the Landlord and the mortgagee by reason of any breach or violation of any warranties, (ii) shall be provided by carriers licensed to do business representations, declarations or conditions contained in the state of Californiapolicy, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable and finally, shall contain an undertaking by the insurers to notify the Landlord and (iii) shall be endorsed to provide in writing by registered mail, not less than thirty (30) days written notice of prior to any material change, cancellation to Landlordor termination thereof. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, The Tenant shall deliver furnish to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, certificates (in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation ) of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and insurance companies evidencing the maintenance of all insurance policies required to be carried maintained by the Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease Paragraph 16.1 provided, however, nothing contained that the Tenant shall provide photocopies of such insurance policies if requested, in this Article 9 shall be construed to limit writing, by the liability of Tenant under Landlord or the indemnification provisions set forth in said Section 8.2Landlord's mortgagee.

Appears in 1 contract

Samples: Net Office Lease (Viventia Biotech Inc.)

Tenant’s Insurance. (a) Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for obtain at its own expense and keep in full force and effect, at all times effect during the Termterm of this Lease, the following: (1) Commercial a policy of commercial general liability insurance insuring (including, without limitation, insurance covering Tenant’s contractual liability under this Lease), under which Tenant against liability for bodily injuryis named as the insured, deathand Owner, property damage Owner’s managing agent, the present and personal injury occurring at any future mortgagee of the PremisesReal 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 resulting from Tenant's use change in any material way the nature or occupancy extent of the Premisescoverage provided by such policy, Buildingwithout first giving Owner at least thirty (30) days written notice by certified mail, Common Areas or Project resulting from Tenant's activities in or about return receipt requested, which notice shall contain the Premisespolicy number and the names of the insured and policy holder. Such insurance The minimum limits of liability 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance each occurrence in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury (or death) and damage to property damageor 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, 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 insuring against all loss in connection with guarantees a minimum limit available for the ownership, maintenance and operation Demised Premises equal to the amount of automotive equipment that is owned, hired or non-owned; B. insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Owner, and that any coverage carried by Owner shall be excess insurance. The limits of the insurance required under this subsection shall not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) Lease shall be in a form satisfactory to Landlord, (ii) shall be provided effected under valid and enforceable policies issued by carriers licensed reputable and independent insurers permitted to do business in the state of CaliforniaState where the Building containing the Demised Premises is located, with and rated in Bests Insurance Guide, or any successor thereto (or if there be none, an organization having a Best's Insurance Guide national reputation) as having general policyholder rating of "ANI" or better and/or acceptable approved by Owner, such approval not to Landlord be unreasonably withheld, and (iii) shall a financial rating approved by Owner, such approval not to be endorsed unreasonably withheld. In the event that Tenant fails to provide thirty (30) days written notice of cancellation to Landlord. Property continuously maintain insurance shall contain a waiver and/or a permission to waive as required by the insurer any right of subrogation against Landlord this subsection, Owner may, at its option and the Landlord Parties which might arise by reason without relieving Tenant of any payment under obligation hereunder, order such policy or by reason insurance and pay for the same at the expense of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the PremisesTenant. In such event, Tenant shall deliver repay the amount expended by Owner, with interest thereon, immediately upon Owner’s written demand therefor. The insurance company selected by the Owner shall be approved by Tenant, such approval not to be unreasonably withheld. (b) Tenant shall also maintain at its own expense during the term of this Lease a policy against fire and other casualty on an “all risk” form covering all alterations, construction and other improvements installed within the Demised Premises, whether existing in the Demised Premises on the date hereof or hereinafter installed by or on behalf of Owner or Tenant, and on all furniture, fixtures equipment, personal property and inventory of Tenant located in the Demised Premises and any property in be care, custody and control of Tenant (fixed or otherwise) sufficient to provide 100% full replacement value of such items, which policy shall 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 the inclusion of such waiver of subrogation provision, Tenant shall advise Owner of the amount thereof and Landlord shall pay the same or be deemed to have 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 respective alterations, construction and other improvements as well 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 Landlord with respect to each policy extent that such loss or damage is actually recoverable under such policies exclusive of insurance required to be carried by Tenant pursuant to this Article 9, a certificate any deductibles. Such waiver will not apply should any loss or damage result from one of the insurer certifyingparties’ gross negligence or willful misconduct. If the payment of an additional premium is required for the inclusion or such waiver of subrogation provision, in a form satisfactory to each party shall advise the Landlord, that other of the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement amount of any such insuranceadditional 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 requirements Demised Premises or on Tenant’s fixtures, furnishings, equipment, personal property or inventory located in the Demised Premises or insurance against interruption of this Article must be complied with not less than 30 days prior Tenant’s business. (e) Owner shall maintain casualty insurance in an amount necessary to cover the expiration or cancellation full replacement value of the policy being renewed or replaced. Landlord may at any time Building and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant with minimum limits of the indemnification provisions set forth liability in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2an amount not less than $2,000,000.

Appears in 1 contract

Samples: Lease Agreement (Edgar Online Inc)

Tenant’s Insurance. Tenant Tenant, at its expense, 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 Term, the following: (1) Commercial Term commercial general liability insurance insuring Tenant against insurance, including a contractual liability for bodily injury, death, property damage endorsement and personal injury occurring at the Premisesliability coverage, or resulting from Tenant's use or occupancy in respect of the PremisesPremises and the conduct or operation of business therein, Buildingwith Landlord, Common Areas or Project resulting from the Property Manager, Ground Lessor, Superior Mortgagee and any other holder of a Superior Interest whose name and address shall previously have been furnished to Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord , as additional insureds. The , with limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident 5,000,000.00 per occurrence for bodily injury and property damage. Tenant shall also maintain (a) “all risk” property insurance (including coverage for terrorism) covering all present and future Leasehold Improvements and Tenant’s Property to a limit of not less than the full replacement value thereof, (b) business interruption insurance for a minimum period of 12 months or such greater amount that will reimburse Tenant for direct and insuring indirect loss of earnings and extra expense attributable to all perils insured against in this Section 12.03 or other perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises or the Building as a result of any of such perils, (c) comprehensive equipment breakdown insurance (without exclusion for explosion), covering all loss mechanical, electrical and other equipment belonging to Tenant against physical damage from all perils insured against in this Section 12.03, (d) workers compensation insurance in accordance with the laws of the State of New York and (e) comprehensive automobile liability insurance coverage with limits of not less than $2,000,000 combined single limit coverage against bodily injury liability and property damage liability arising out of the use by or on behalf of Tenant, its agents and employees in connection with the ownershipthis Lease, maintenance and operation of automotive equipment that is any owned, hired or non-owned; B. Each owned or hired motor vehicle. Tenant shall deliver to Landlord and any other additional insured such certificates of insurance, issued by the insurer, in form reasonably satisfactory to Landlord, at least 10 days before the Commencement Date. The “all risk” property insurance policies required to be carried by Tenant, and any certificates evidencing such policies, shall provide that the proceeds under such policies shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be reasonably required to recover any such insurance proceeds. 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 other additional insured a certificate thereof issued by the insurer at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State (provided, that if permitted under all applicable Superior Instruments, then it shall not be necessary for an insurer to be licensed in New York State so long as such insurer is permitted by all applicable Legal Requirements to write insurance in New York State), rated by Best’s Insurance Reports or any successor publication of comparable standing at A/VIII or better or the then equivalent of such rating, and shall, if available, contain a provision whereby the same cannot be canceled or modified in a material respect unless the insurer shall endeavor to provide Landlord and any other additional insured at least 30 days prior written notice of such cancellation or modification. The limits of liability required herein may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than those required herein. Tenant’s policies of insurance may be maintained under “blanket policies” insuring the Premises and other property or locations of Tenant; provided, that such blanket policies shall (i) set forth the amount of the insurance applicable to the Premises, (ii) otherwise comply with the provisions of this Article 12, and (iii) afford the same protection to Landlord and any other additional insured as would be provided by policies individually applicable to the Premises. All insurance policies required to be maintained pursuant to this Section 12.03 shall not contain any exclusions for acts of terrorism or similar events, to the extent commercially available. In addition to the other requirements set forth in this Lease, the insurance required to be carried by Tenant pursuant to under this Article 9 or actually Lease shall be primary insurance for all claims under it and shall provide that any insurance carried by Tenant Landlord, the Property Manager, and the holder of any Superior Interest is strictly excess, secondary and non-contributing with respect any insurance carried by Tenant. Notwithstanding anything to the Premises or the Project (i) contrary contained herein, in no event shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried maintained by Tenant pursuant to this Article 9, Section 12.03 have a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less deductible greater than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9$250,000.00. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease Agreement (Monotype Imaging Holdings Inc.)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procureagrees, pay for at Tenant’s expense, to secure and keep in full force and effect, at all times during the Term, the following: (1) Commercial term of this Lease a policy of comprehensive general liability insurance insuring Tenant against liability for bodily injury, personal injury (including death, ) and property damage and personal injury occurring at the Premisesin, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in on or about the Premises, including without limitation parking, walkways and landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be on an occurrence basis primary and noncontributory with a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary respect to any similar insurance carried by Landlord. Such policy(ies) shall name Landlord as additional insured(s), whose shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be considered excess canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance only. (2) Fire and casualty insurance with "in “all risk" coverage ” form with a sprinkler damage endorsement insuring Tenant against loss from physical damage to the replacement value of all Tenant's ’s personal property, inventory, stocktrade fixtures, trade fixtures and alterations leasehold improvements within the Premises with coverage for the full actual replacement cost value thereof; (3. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) Workers' of workmen’s compensation insurance and any other employee benefit insurance benefits sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenantlaws. Tenant shall, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements at its sole cost and Contractor's Protective Liabilityexpense, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage comply with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all requirements, pertaining to said Premises, of any insurance policies required to be carried by Tenant pursuant to this Article 9organization or company, necessary for the maintenance of reasonable fire and public liability insurance. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease Agreement (Advanced Analogic Technologies Inc)

Tenant’s Insurance. Tenant shall procure and maintain insurance complying with all policies of the following: A. Tenant shall procure, pay for and keep in full force and effectinsurance, at all times during the Termits own cost and expense, the followinginsuring: (1a) Commercial general liability insurance insuring The Landlord Protected Parties as "named additional insureds", and Landlord's mortgagee, if any, of which Tenant against liability for bodily injuryis given written notice, deathand Tenant Protected Parties, property damage from all claims, demands or actions made by or on behalf of any person or persons, firm, corporation or entity and personal injury occurring at arising from, related to or connected with the Leased Premises, or resulting from Tenant's use thereof or occupancy operations therein, or for bodily injury to or personal injury to or death of any person, or more than one (1) person, or for damage to property in the Premisesfollowing amounts: (i) not less than One Million Dollars ($1,000,000) General Liability; (ii) not less than One Million Dollars ($1,000,000) Auto; (iii) not less than One Million Dollars ($1,000,000) Other than Auto; and (iv) not less than Two Million Dollars ($2,000,000) Other than Auto Liability Aggregate. Said insurance shall be written on an "occurrence" basis and not on a "claims made" basis, Buildingand such liability policies shall include products and completed operations liability insurance. Landlord shall have the right, Common Areas exercisable by giving written notice thereof to Tenant, to require Tenant to increase such limit if, in Landlord's reasonable judgment, the amount thereof is insufficient to protect the Landlord Protected Parties and Tenant Protected Parties from judgments which might result from such claims, demands or Project resulting actions. If Tenant is unable, despite reasonable efforts in good faith, to cause its liability insurer to insure the Landlord Protected Parties as "named additional insureds", Tenant shall nevertheless cause the Landlord Protected Parties to be insured as "additional insureds" and in such event, Tenant will protect, indemnify and save harmless the Landlord Protected Parties from Tenantand against any and all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including without limitation reasonable attorney's activities in fees and expenses) imposed upon or incurred by or asserted against the Landlord Protected Parties, or any of them, by reason of any bodily injury to or personal injury to or death of any person or more than one person or for damage to property, occurring on or about the Leased Premises. Such insurance shall be on an occurrence basis with a combined single limit , caused by any party including, without limitation, any Landlord Protected Party, to the extent of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried under this Section 6.02(a) or such greater amount of insurance as is actually carried. Tenant shall cause its liability insurance to include contractual liability coverage fully covering the indemnity set forth above and in Article XIII below. (b) All buildings and improvements against loss or damage by Tenant pursuant to this Article 9 fire, lightning, wind storm, hail storm, vehicles, smoke, explosion, riot or actually carried civil commotion as provided by Tenant with respect to the Premises or the Project Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form (i) "all risk" coverage). The insurance coverage shall be in a form satisfactory for an agreed amount between Landlord and the insurance carrier, with sufficient limits to Landlord, (ii) replace the Leased Premises of similar utility purpose. Landlord shall be provided by carriers licensed to do business in named as the state insured and all proceeds of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) insurance shall be endorsed to provide thirty (30) days written notice of cancellation payable to Landlord. Property Said insurance shall contain a waiver and/or a permission to waive by an endorsement waiving the insurer any insurer's right of subrogation against any Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Protected Parties. C. Prior (c) All contents and Tenant's trade fixtures, machinery, equipment, furniture and furnishings and leasehold improvements in the Leased Premises to the time extent of at least ninety percent (90%) of their replacement cost under Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form ("all risk" coverage). Said insurance shall contain an endorsement waiving the insurer's right of subrogation against any Landlord Protected Party. (d) Tenant or any Protected Parties from all workers’ compensation claims, including employers’ liability with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence. (e) Landlord and Tenant against breakage of all plate glass utilized in the improvements on the Leased Premises. (f) Tenant agrees to maintain, at its contractors enters own expense, for the Premisesbenefit of itself, Tenant shall deliver to the Landlord Tenant's Protected Parties and Landlord's Protected Parties, excess and/or umbrella liability insurance of such types and with respect to each policy of insurance required to limits not less than Five Million Dollars ($5,000,000.00) as may be carried approved by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued insuring against liability for damage or loss to property, and premium paid providing the coverage required by this Article 9 against liability for person injury or death, arising from acts or omissions of Tenant, its agents, employees or invitees. Said excess and/or umbrella policies shall include all liability policies in Section 6.02(a) and containing the provisions herein. Attached to such a certificate shall be endorsements employer's liability in Section 6.02(d) as underlying policies. (g) Automobile liability naming Landlord as additional insured as to liability insurance policieswith minimum of One Million Dollars ($1,000,000) limits for property damage, death or bodily injury. This policy shall be for the benefit of Tenant and including the wording under primary insurance above. With respect to each renewal Landlord for any claims, demands or replacement actions made by or on behalf of any such insuranceperson or persons, firm, corporation, or entity arising from the requirements control, operation or use of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried vehicle by Tenant pursuant or Tenant's agents, contractors, employees, etc. on or about the Leased Premises. The automobile policy shall be listed as an underlying policy on the umbrella policy referred to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.26.02(f).

Appears in 1 contract

Samples: Asset Purchase Agreement (Acacia Automotive Inc)

Tenant’s Insurance. (a) At no cost to City, Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for will procure and keep in full force and effect, effect at all times during the Term, the followingTerm insurance as follows: (1i) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an with limits not less than Five Million Dollars ($5,000,000) each occurrence basis with a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, including contractual liability, independent contractors, broad-form property damage, fire damage legal liability (of not less than Fifty Thousand Dollars ($50,000)), personal injury, products and insuring against all loss completed operations, and explosion, collapse, and, if applicable to the Premises systems, underground (XCU) for Tenant’s use of the Premises and Common Areas. (ii) Property Insurance in an all-risk form for full replacement value of (iii) Replacement value Personal Property and trade fixture insurance. (iv) Worker’s Compensation Insurance with Employer’s Liability (v) Business automobile liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined single limit for bodily injury and property damage, including owned and non-owned and hired vehicles, as applicable, if Tenant uses automobiles in connection with its use of the ownershipPremises or Common Areas. (vi) Business interruption insurance insuring that the Rent will be paid to City for a period of at least one (1) year if Tenant is unable to operate its business at the Premises. Business Interruption Insurance will also cover business interruptions due to failures or interruptions in telecommunications services, maintenance and operation strikes, employee lockouts, riots, or other civil commotion. To calculate Rent during any interruption of automotive equipment that is ownedbusiness, hired or non-owned;the Rent for the twelve (12) – month period immediately preceding the incident causing the business interruption will be used. B. Each policy of (vii) Licensed professionals (i.e., architects, engineers, certified public accountants, etc.) will provide professional liability insurance with limits not less than (b) Other insurance as is generally required by commercial owners of buildings similar in size, character, age, and location as the Premises, as may change from time to time. (c) If any of the required insurance is provided under a claims-made form, Tenant will maintain the coverage continuously throughout the Term and, without lapse, for a period of three (3) years beyond the expiration or termination of this Lease, to the effect that, if occurrences during the Term give rise to claims made after expiration or termination of this Lease, those claims will be covered by the claims-made policies. Tenant’s obligations under this Section will survive the expiration or termination of this Lease. (d) If any of the required insurance is provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in the general annual aggregate limit, the general aggregate limit will be double the occurrence or claims limits specified above. (e) All liability insurance policies will be endorsed to provide the following: (i) Name as additional insured the City and County of San Francisco, its officers, agents, and employees. (ii) That the policies are primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of this Lease, and that insurance applies separately to each insured against whom claim is made or suit is brought. (f) Each insurance policy required under subsection (a) above will be issued by an insurance company licensed in the State of California and with a general policyholders’ rating of “A-” or better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s Insurance Guide. (g) All insurance policies required to be carried maintained by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall will be endorsed to provide thirty (30) days days’ prior written notice of cancellation for any reason, intended non-renewal, or reduction in coverage to Landlordboth Tenant and City. Property insurance shall contain a waiver and/or a permission If Tenant’s insurer refuses to waive by offer this endorsement, Tenant will promptly provide the insurer any right thirty (30) day’s prior written notice of subrogation against Landlord and cancellation, intended non-renewal, or reduction in coverage to City. Notice to City will be mailed to the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and addresses for City set forth in the Landlord PartiesBasic Lease Information. C. Prior to (h) On or before the time Tenant or any of its contractors enters the PremisesCommencement Date, Tenant shall will deliver to the Landlord with respect to each policy City certificates of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, and additional insured policy endorsements from insurers in a form satisfactory to the LandlordCity, that the policy has been issued and premium paid providing evidencing the coverage required under this Lease, together with complete copies of the policies and at any other time promptly after City’s request. Tenant and its contractors will submit or cause their respective insurance brokers to submit requested information through the Exigis insurance verification program designated by City or any successor program used by City for verification of tenant and contractor insurance coverage. During the Term, Tenant will provide City with certificates or policies at least thirty (30) days before the expiration dates of expiring policies. If Tenant fails to procure the required insurance, or to deliver the policies or certificates, then at its option and without waiving any rights or remedies that City may have for Tenant’s default, City may procure the insurance for Tenant’s account, and Tenant will pay the cost to City within five (5) days after delivery to Tenant of invoices therefor. (i) On City’s request, Tenant and City will periodically review the limits and types of insurance carried under this Article 9 and containing Section. If the provisions herein. Attached general commercial practice in San Francisco or San Mateo Counties is to such a certificate shall be endorsements naming Landlord as additional insured as to carry liability insurance policies, and including in an amount or coverage materially greater than the wording under primary insurance above. With respect to each renewal amount or replacement of any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy coverage then being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant for risks comparable to this Article 9. D. The commercial general liability insurance those associated with the Premises and Common Areas, then, at City’s request, Tenant will increase the amounts or coverage carried by Tenant shall specifically insure to conform to the performance by Tenant general commercial practice. (j) Tenant’s compliance with the provisions of this Section will in no way relieve or decrease Tenant’s liability under Section 18.2 (Tenant’s Indemnity), or any of Tenant’s other obligations under this Lease. (k) Notwithstanding anything to the contrary in this Lease, if any of the indemnification provisions set forth in Section 8.2 of required insurance coverage lapses, this Lease provided, however, nothing contained in this Article 9 shall be construed will terminate on three (3) days’ notice to limit Tenant unless Tenant renews the liability of Tenant under insurance coverage within the indemnification provisions set forth in said Section 8.2notice period.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. Beginning on the date Tenant is given access to the Premises for any purpose and continuing until the expiration of the Lease term, including extensions or holdovers thereof, Tenant shall maintain policies of insurance complying with all covering loss or damage to Tenant’s trade fixtures, merchandise, equipment and improvements installed by Tenant and not covered by a Tenant Improvement Allowance, and other personal property in or about the Premises, in commercially reasonable amounts relative to the value of the following: A. property insured and providing protection against any peril included within the classification “Causes of Loss-Special Form” (or comparable coverage), together with insurance against sprinkler damage, vandalism and malicious mischief. As an Operating Expense, Tenant shall procurebe liable for its prorata share of any deductible amount under Landlord’s insurance policies required to be maintained pursuant to Section 11.2 (in an amount not to exceed $10,000 per occurrence), provided that if the loss or damage results directly from the act or omission of Tenant, its employees, contractors or agents, then Tenant shall be solely responsible for the payment of such deductible. Beginning on the date Tenant is given access to the Premises for any purpose, and continuing until expiration of the Term (and any Extensions thereto), Tenant shall provide, pay for and keep maintain in full force and effect, at all times effect during the Term, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or ’s occupancy of the Premises, Buildingworker’s compensation insurance as required by law and commercial general liability insurance on the Premises and the operations of Tenant in, Common Areas or Project resulting from Tenant's activities in on or about the Premises. Such insurance shall be on an occurrence basis with a , providing personal injury and broad form property damage coverage for not less than Two Million Dollars ($2,000,000) combined single limit of liability of not less than the amount of Tenant's Required Liability Coveragefor bodily injury, death and property damage liability. The policy deductibles or self-insurance portion under any such insurance policies shall to be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall notnot exceed Five Thousand Dollars ($5,000). The commercial general liability insurance policy shall name Landlord, and, upon Landlord’s request, Landlord’s mortgagee, as an additional insured and Tenant shall submit proof of such insurance to Landlord in the form of an industry standard “Additional Insured Endorsement” not less than five (5) business days prior to Tenant’s occupancy of the Premises for business operations and not less than fifteen (15) days prior to the expiration of any operative endorsement. Tenant shall also procure adequate insurance to cover all of Tenant’s obligations under this Lease, including, but not limited to, Tenant’s obligations to indemnify Landlord as set forth in Section 11.5 below. If Tenant carries any of the insurance required hereunder in the form of a blanket policy, any certificate required hereunder shall make specific reference to the Premises, provided, however, the blanket policy carried with respect to the insurance required by Tenant hereunder shall contain a “per location” endorsement assuring that any aggregate limit under such blanket policy shall apply separately to the liability Premises and that the insurer thereunder shall provide written notice to Landlord if the available portion of Tenant nor relieve Tenant such aggregate is reduced to less than the minimum amounts required under this Article by either Table of any obligation hereunder. All insurance to be carried by Contents payment of claims or the establishment of reserves for claims, (whereupon Tenant shall be primary obligated to any similar take immediate steps to increase the amount of its insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage in order to Tenant's personal property, inventory, stock, trade fixtures and alterations within satisfy the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance minimum requirements set forth in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a Section 11.2). The policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability evidencing insurance required to be carried by Tenant pursuant to this Article 9 or actually carried shall provide coverage on an occurrence basis. The limits of the insurance coverage required by Tenant with respect to the Premises Landlord or the Project (i) unavailability of certain types of coverage shall be not limit or release Tenant from any of its obligations under this Lease and the existence of such insurance in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation no way changes Tenant’s obligations to Landlord. Property insurance Tenant shall contain a waiver and/or a permission not use, or allow the Premises to waive be used for any purpose which may be prohibited by the insurer any right form of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such fire insurance policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by under this Lease. Tenant pursuant to this Article 9, a certificate of shall pay any increase in premiums for liability and property (including all risk coverage) insurance that may be charged during the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement of any such insurance, the requirements Term of this Article must be complied with not less than 30 days prior to Lease on the expiration or cancellation amount of the policy being renewed or replaced. Landlord such insurance which may at any 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 9. D. The commercial general liability insurance carried by Landlord on the Premises, the Building or the Project resulting from Tenant’s occupancy whether or not Landlord has consented thereto. In such event, Tenant shall specifically insure also pay any additional premium on the performance by Tenant insurance policy that Landlord may carry for its protection against rent loss through fire or casualty. In determining whether increased premiums are the result of Tenant’s use of the indemnification provisions set forth in Section 8.2 Premises, a schedule, issued by the organization setting the insurance rate on the Premises, showing the various components of this Lease providedsuch rate, however, nothing contained in this Article 9 shall be construed conclusive evidence of the several items and charges which make up the casualty and fire insurance rate on the Premises. Landlord shall deliver invoices for such additional premiums to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2at such times as Landlord may elect, and Tenant shall immediately reimburse Landlord therefore.

Appears in 1 contract

Samples: Lease Agreement (Switch, Inc.)

Tenant’s Insurance. Tenant shall procure and maintain policies of insurance, at its own cost and expense, insuring: (a) The Landlord Protected Parties (as “additional insureds”), and Landlord’s mortgagee, if any, of which Tenant is given written notice, and Tenant Protected Parties, from all claims, demands or actions made by or on behalf of any person or persons, firm or corporation and arising from, related to or connected with the Leased Premises, for bodily injury to or personal injury to or death of any person, or more than one (1) person, or for damage to property in an amount of not less than $2,000,000.00 combined single limit per occurrence/aggregate. Said insurance complying with all shall be written on an “occurrence” basis and not on a “claims made” basis. If at any time during the term of this Lease, Tenant owns or rents more than one location, the policy shall contain an endorsement to the effect that the aggregate limit in the policy shall apply separately to each location owned or rented by Tenant. Landlord shall have the right from time to time during the term of the following:Lease, exercisable by giving written notice thereof to Tenant, to require Tenant to increase such limit if, in Landlord’s reasonable judgment, the amount thereof is insufficient to protect the Landlord Protected Parties and Tenant Protected Parties from judgments which might result from such claims, demands or actions. A. (b) The improvements at any time situated upon the Leased Premises against loss or damage by fire, lightning, wind storm, hail storm, aircraft, vehicles, smoke, explosion, riot or civil commotion as provided by the Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form (“all risk” coverage). The insurance coverage shall be for not less than 100% of the full replacement cost of such improvements with agreed amount endorsement, and building ordinance coverage, all subject only to reasonable deductibles. Landlord shall be named as the insured and, subject to Article VII below, all proceeds of insurance shall be payable to Landlord. Said insurance shall contain an endorsement waiving the insurer’s right of subrogation against any Landlord Protected Party or any Tenant Protected Party, provided that such waiver of the right of subrogation shall procurenot be operative in any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof (except that either party shall have the right, within thirty (30) days following written notice, to pay for and keep such increased cost, thereby keeping such waiver in full force and effect, at all times during the Term, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only). (2c) Flood or earthquake insurance whenever such protection is necessary and it is available at commercially reasonable cost. (d) All contents and Tenant’s trade fixtures, machinery, equipment, furniture and furnishings in the Leased Premises to the extent of at least ninety percent (90%) of their replacement cost under Standard Fire and casualty insurance with "Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form (“all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord” coverage). Property Said insurance shall contain a waiver and/or a permission to waive by an endorsement waiving the insurer any insurer’s right of subrogation against any Landlord and the Landlord Parties which might arise by reason of any payment under Protected Party, provided that such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate waiver of the insurer certifying, right of subrogation shall not be operative in a form satisfactory any case where the effect thereof is to invalidate such insurance coverage or increase the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.cost thereof

Appears in 1 contract

Samples: Industrial Building Lease (Sanfilippo John B & Son Inc)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant obtain, and shall procure, pay for and keep in full force and effect, the following insurance, with insurers that are authorized to do business in the State of New York and are rated at all times during the Term, the followingleast A (Class X) in Best’s Key Rating Guide: (1i) Commercial general liability insurance insuring Tenant General Liability Insurance which shall include premises liability, contractual liability, damage to rented premises, personal & advertising injury and products/completed operations coverage. Policy shall insure against liability claims for bodily injury, deathpersonal injury, death or property damage and personal injury occurring at the Premiseson, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the PremisesPremises with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. If the policy covers other locations owned or leased by Tenant, then such policy must include an aggregate limit per location endorsement. (ii) Special Form (“All Risk”) Property, insuring all equipment, trade fixtures, inventory, fixtures or personal property or any Tenant Improvements which are the responsibility of Tenant located on or in the Premises with an agreed amount endorsement and equal to the full replacement cost value of such property. Tenant acknowledges that Landlord will not carry insurance of any kind on Tenant’s equipment, trade fixtures, inventory, fixtures or personal property or any Tenant Improvements which are the responsibility of Tenant, and Landlord shall not be obligated to repair any damage thereto or replace the same. (iii) Workers’ Compensation Insurance as required by applicable laws of the State in which the Premises is located, including Employers’ Liability Insurance with limits of not less than: (x) $100,000 per accident; (y) $500,000 disease policy limit; and (z) $100,000 disease, each employee. Such insurance shall be on an occurrence basis include a waiver of subrogation in favor of Landlord. (iv) Business Interruption Insurance with a combined single limit of liability limits of not less than the amount necessary to cover continuing expenses including rents and extra expenses for at least one (1) year. (v) Excess or Umbrella Liability Insurance with limits of Tenant's Required Liability Coverage. The policy not less than Two Million Dollars ($2,000,000.00) per occurrence and in the aggregate providing coverage in excess of, and follow-form to, the primary commercial general liability and employer’s liability insurance required herein. (vi) Such other insurance as Landlord reasonably deems necessary and prudent or policies shall as may be endorsed required by any Lender or Master Landlord. (vii) In addition to name Landlord the aforementioned insurances, and during any such others time as are designated any alterations or work is being performed at the Premises (except that work being performed by Landlord as additional insureds. The limits or on behalf of said insurance required by this Lease as carried by Tenant Landlord) Tenant, at its sole cost and expense, shall notcarry, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance or shall cause to be carried by the Tenant applicable contractors and subcontractors, and shall be primary deliver to Landlord at least ten (10) days prior to commencement of any similar insurance carried by Landlordsuch alteration or work, whose insurance shall be considered excess insurance only. (2) Fire and casualty evidence of insurance with "all risk" coverage insuring Tenant against loss from physical damage respect to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3A) Workers' workers’ compensation insurance and any other employee benefit insurance sufficient to comply covering all persons employed in connection with all Laws; the proposed alteration or work in statutory limits, (4B) With respect to making of alterations or the construction of improvements or the like undertaken by Tenantgeneral/excess liability insurance, "Builder's All Risk" insurance in an amount approved by Landlord covering commensurate with the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount work to be performed but not less than Two Million Dollars ($500,000 2,000,000) per incident, $1,000,000 occurrence and in the aggregate; (5) Business Income insurance , for ongoing and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for completed operations insuring against bodily injury and property damagedamage and naming all additional insured parties as outlined below and required of Tenant and shall include a waiver of subrogation in favor of such parties, and insuring against all loss in connection with the ownership(C) builders risk insurance, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises extent such alterations or the Project (i) shall be work may require, on a completed value form including permission to occupy, covering all physical loss or damages, in a form an amount and kind reasonably satisfactory to Landlord, and (iiD) shall be provided by carriers licensed such other insurance, in such amounts, as Landlord deems reasonably necessary to do business protect Landlord’s interest in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of Premises from any act or omission of Landlord and the Landlord PartiesTenant’s contractors or subcontractors. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease Agreement (Cognition Therapeutics Inc)

Tenant’s Insurance. a. Tenant shall maintain insurance complying with all shall, during the term hereof and any other period of the following: A. Tenant shall procureoccupancy, pay for at its sole cost and expense, keep in full force and effect, at all times during effect the Term, the followingfollowing insurance: (1) Commercial general liability Standard form property insurance insuring against the perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage ("All-Risk") and sprinkler leakage. This insurance policy shall be upon all property owned by Tenant, for which Tenant is legally liable or that was installed at Tenant’s expense, and which is located in the Project including, without limitation, furniture, fittings, installations, fixtures (other than Tenant improvements installed by Landlord), and any other personal property, in an amount not less than ninety percent (90%) of the full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, the decision of Landlord or any mortgagees of Landlord shall be conclusive. This insurance policy shall also be upon direct or indirect loss of Tenant's earnings attributable to Tenant's inability to use fully or obtain access to the Premises, Building or Project in an amount as will properly reimburse Tenant. Such policy shall name Landlord and any mortgagees of Landlord as insured parties, as their respective interests may appear. (2) Comprehensive General Liability Insurance insuring Tenant against any liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy arising out of the Premiseslease, Buildinguse, Common Areas occupancy or Project resulting from Tenant's activities in or about maintenance of the PremisesPremises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis with a combined single limit of liability of not less than in the amount of Tenant's Required Liability Coverage$1,000,000 Combined Single Limit for injury to, or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence, with such liability amount to be adjusted from year to year to reflect increases in the Consumer Price Index. The policy or policies shall be endorsed to insure the hazards of the Premises and Tenant's Operations thereon, independent contractors, contractual liability (covering the indemnity contained in Paragraph 20 hereof) and shall (a) name Landlord as an additional insured, (b) contain a cross liability provision and such others as are designated by (c) contain a provision that the insurance provided the Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant hereunder shall be primary and non-contributing with any other insurance available to any similar insurance carried by the Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation Compensation and Employer's Liability insurance and any other employee benefit insurance sufficient to comply with all Laws;(as required by state law). (4) With respect Any other form or forms of insurance as Tenant or Landlord or any mortgagees of Landlord may reasonably require from time to making of alterations or the construction of improvements or the like undertaken by Tenanttime in form, "Builder's in amounts and for insurance risks against which a prudent tenant would protect itself. b. All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) policies shall be written in a form satisfactory to Landlord, (ii) Landlord and shall be provided by carriers licensed to do business taken out with insurance companies holding a General Policyholders Rating of “A" and a Financial Rating of "X" or better, as set forth in the state most current issue of California, with a Best's Insurance Guide rating insurance Reports. Within ten (10) days after the execution of "ANI" or better and/or acceptable this Lease, Tenant shall deliver to Landlord copies of policies or certificates evidencing the existence of the amounts and (iii) forms of coverage satisfactory to Landlord. No such policy shall be endorsed to provide cancelable or reducible in coverage except after thirty (30) days prior written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premisesshall, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 within ten (10) days prior to the expiration of such policies, furnish Landlord with renewals or cancellation of the policy being renewed “binders” thereof, or replaced. Landlord may at order such insurance and charge the cost thereof to Tenant as additional rent. If Landlord obtains any 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 9. D. The commercial general liability insurance carried by Tenant shall specifically insure that is the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability responsibility of Tenant under this Paragraph, Landlord shall deliver to Tenant a written statement setting forth the indemnification cost of any such insurance and showing in reasonable detail the manner in which it has been computed. c. During the term of this Lease, Landlord shall insure the Building (excluding any property which Tenant is obligated to insure under Subparagraphs 22a and b hereof) against damage with All-Risk insurance and public liability insurance, all in such amounts and with such deductions as Landlord considers appropriate. Landlord may, but shall not be obligated to, obtain and carry any other form or forms of insurance as it or Landlord's mortgagees may determine advisable. Notwithstanding any contribution by Tenant to the cost of insurance premiums, as provided herein, Tenant acknowledges that it has no right to receive any proceeds from any insurance policies carried by Landlord. d. Tenant will not keep, use, sell or offer for sale in or upon the Premises any article that may be prohibited by any insurance policy periodically in force covering the Building. If Tenant's occupancy or business in, or on, the Premises, whether or not Landlord has consented to the same, results in any increase in premiums for the insurance periodically carried by Landlord with respect to the Building, Tenant shall pay any such increase in premiums as additional rent within ten (10) days after being billed therefore by Landlord. In determining whether increased premiums are a result of Tenant's use of the Premises, a schedule issued by the organization computing the insurance rate on the Building or the Tenant improvements showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up such rate. Tenant shall promptly comply with all reasonable requirements of the insurance authority or any present or future insurer relating to the Premises. e. If any of Landlord's insurance policies shall be canceled or cancellation shall be threatened or the coverage thereunder reduced or threatened to be reduced in any way because of the use of the Premises or any part thereof by Tenant or any assignee or subtenant of Tenant or by anyone Tenant permits on the Premises and, if Tenant fails to remedy the condition giving rise to such cancellation, threatened cancellation, reduction of coverage, threatened reduction of coverage, increase in premiums, or threatened increase in premiums, within forty-eight (48) hours after notice thereof, Landlord may, at its option, either terminate this Lease or enter upon the Premises and attempt to remedy such condition, and Tenant shall promptly pay the cost thereof to Landlord as additional rent. Landlord shall not be liable for any damage or injury caused to any property of Tenant or of others located on the Premises resulting from such entry. If Landlord is unable, or elects not to remedy such condition, then Landlord shall have all of the remedies provided for in this Lease in the event of a default by Tenant. Notwithstanding the foregoing provisions set forth of this Subparagraph 22e, if Tenant fails to remedy as aforesaid, Tenant shall be in said Section 8.2default of its obligation hereunder and Landlord shall have no obligation to remedy such default. f. All policies of insurance required hereunder shall include a clause or endorsement denying the insurer any rights of subrogation against the other party to the extent rights have been waived by the insured before the occurrence of injury or loss. Landlord and Tenant waive any rights of recovery against the other for injury or loss due to hazards covered by policies of insurance containing such a waiver of subrogation clause or endorsement to the extent of the injury or loss covered thereby.

Appears in 1 contract

Samples: Office Lease Agreement (Reven Housing REIT, Inc.)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, procure pay for and keep in full force and effect, at all times during the Lease Term, the following: (1) Commercial Comprehensive general liability insurance insuring Tenant against liability for personal injury, bodily injury, death, death and damage to property damage and personal injury occurring at within the Leased Premises, or resulting from Tenant's ’s use or occupancy of the PremisesLeased Premises or the Common Areas, Building, Common Areas or Project resulting from Tenant's ’s activities in or about the Leased Premises. Such insurance shall be on an occurrence basis , with a combined single limit of liability coverage of not less than the amount of Tenant's ’s Required Liability Coverage. The policy or policies Coverage (as set forth in Article 1), which insurance shall be endorsed contain a “broad form liability” endorsement insuring Tenant’s performance of Tenant’s obligation to name Landlord and such others as are designated by indemnify Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlycontained in Article 8.2. (2) Fire and casualty property damage insurance with "all risk" coverage in so-called “fire and extended coverage” form insuring Tenant against loss from physical damage to Tenant's ’s personal property, inventory, stock, trade fixtures and alterations improvements within the Leased Premises with coverage for the full actual replacement cost thereof;: (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all LawsPressure vessel insurance, if applicable; (4) With respect Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to making the extent obtainable, coverage for liability arising out of alterations the distribution, sale or consumption of food and/or beverages (including alcoholic beverages, if applicable) at the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount Leased Premises) for not less than $500,000 per incident, $1,000,000 in the aggregate; Tenant’s Required Liability Coverage (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.1);

Appears in 1 contract

Samples: Industrial Space Lease (Viasystems Group Inc)

Tenant’s Insurance. Tenant Tenant, at its expense, 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 Term, the following: (1) Commercial Term commercial general liability insurance insuring Tenant against insurance, including a contractual liability for bodily injury, death, property damage endorsement and personal injury occurring at the Premisesliability coverage, or resulting from Tenant's use or occupancy in respect of the PremisesPremises and the conduct or operation of business therein, Buildingwith Landlord, Common Areas or Project resulting from the Property Manager, Ground Lessor, Superior Mortgagee and any other holder of a Superior Interest whose name and address shall previously have been furnished to Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord , as additional insureds. The , with limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident 10,000,000.00 per occurrence for bodily injury and property damage. Tenant shall also maintain (i) “all risk” property insurance (including coverage for terrorism) covering all present and future Leasehold Improvements and Tenant’s Property to a limit of not less than the full replacement value thereof, (ii) business interruption insurance for a minimum period of three (3) months or such greater amount that will reimburse Tenant for direct and insuring indirect loss of earnings and extra expense attributable to all perils insured against in this Section 12.03 or other perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises or the Building as a result of any of such perils, (iii) comprehensive equipment breakdown insurance (without exclusion for explosion), covering all loss mechanical, electrical and other equipment belonging to Tenant against physical damage from all perils insured against in this Section 12.03, (iv) workers compensation insurance in accordance with the laws of the State of New York and (v) comprehensive automobile liability insurance coverage with limits of not less than $2,000,000 combined single limit coverage against bodily injury liability and property damage liability arising out of the use by or on behalf of Tenant, its agents and employees in connection with the ownershipthis Lease, maintenance and operation of automotive equipment that is any owned, hired or non-owned; B. Each owned or hired motor vehicle. Tenant shall deliver to Landlord and any other additional insured such certificates of insurance, issued by the insurer, in form reasonably satisfactory to Landlord, at least ten (10) days before the Commencement Date. The “all risk” property insurance policies required to be carried by Tenant, and any certificates evidencing such policies, shall provide that the proceeds under such policies shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be reasonably required to recover any such insurance proceeds. 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 other additional insured a certificate thereof issued by the insurer at least thirty (30) days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State (provided, that if permitted under all applicable Superior Instruments, then it shall not be necessary for an insurer to be licensed in New York State so long as such insurer is permitted by all applicable Legal Requirements to write insurance in New York State), rated by Best’s Insurance Reports or any successor publication of comparable standing at A/VIII or better or the then equivalent of such rating, and Tenant shall use commercially reasonable efforts to cause all such policies to contain a provision whereby the same cannot be cancelled, allowed to lapse or modified unless Landlord is given at least thirty (30) days’ prior written notice of such cancellation, lapse or modification, or, in the event of any cancellation, lapse or modification by reason of non-payment of the premiums due thereunder, at least ten (10) days’ prior written notice of the same (it being understood that in no event may Tenant’s insurance coverage be reduced below the coverage required pursuant to this Lease). In addition to the foregoing, Tenant shall give Landlord at least thirty (30) days’ prior written notice of any cancellation, lapse or modification reducing the coverage of the insurance policies required to be maintained by Tenant hereunder. The limits of liability required herein may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than those required herein. Tenant’s policies of insurance may be maintained under “blanket policies” insuring the Premises and other property or locations of Tenant; provided, that such blanket policies shall (i) set forth the amount of the insurance applicable to the Premises, (ii) otherwise comply with the provisions of this Article 12, and (iii) afford the same protection to Landlord and any other additional insured as would be provided by policies individually applicable to the Premises. All insurance policies required to be maintained pursuant to this Section 12.03 shall not contain any exclusions for acts of terrorism or similar events. In addition to the other requirements set forth in this Lease, the insurance required to be carried by Tenant pursuant to under this Article 9 or actually Lease shall be primary insurance for all claims under it and shall provide that any insurance carried by Tenant Landlord, the Property Manager, and the holder of any Superior Interest is strictly excess, secondary and non-contributing with respect any insurance carried by Tenant. Notwithstanding anything to the Premises or the Project (i) contrary contained herein, in no event shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried maintained by Tenant pursuant to this Article 9, Section 12.03 have a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less deductible greater than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9$250,000.00. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease (KCG Holdings, Inc.)

Tenant’s Insurance. (a) Tenant shall maintain insurance complying with all shall, during the term hereof and any other period of the following: A. Tenant shall procureoccupancy, pay for at its sole cost and expense, keep in full force and effect, at all times during effect the Term, the followingfollowing insurance: (1i) Commercial general liability Standard form property insurance insuring against the perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage ("All-Risk") and sprinkler leakage. This insurance policy shall be upon all property owned by Tenant, for which Tenant against liability for bodily injury, death, property damage and personal injury occurring is legally liable or that was installed at the Premises, or resulting from Tenant's use or occupancy of expense, and which is located in the PremisesProject including, Buildingwithout limitation, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability of not less furniture, fittings, installations, fixtures (other than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried improvements installed by Landlord), whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage personal property in an amount not less than $500,000 per incidentninety percent of the full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, $1,000,000 in the aggregate; (5) Business Income decision of Landlord or any mortgagees of Landlord shall be conclusive. This insurance and extra expense coverage with coverage amounts that policy shall reimburse Tenant for all rental, expense and other payment obligations also be upon direct or indirect loss of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired Tenant's earnings attributable to Tenant's inability to use fully or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect obtain access to the Premises or Building in an amount as will properly reimburse Tenant. Such policy shall name Landlord and any mortgagees of Landlord as insured parties, as their respective interests may appear. (ii) Comprehensive General Liability Insurance insuring Tenant against any liability arising out of the Project (i) lease, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the amount of $2,000,000 Combined Single Limit for injury to, or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence, with such liability amount to be adjusted from year to year to reflect increases in the Consumer Price Index. The policy shall insure the hazards of premises and operation, independent contractors, contractual liability (covering the Indemnity contained in Paragraph 18 hereof) and shall (1) name Landlord as an additional insured, and (2) contain a cross liability provision, and (3) contain a provision that "the insurance provided the Landlord hereunder shall be primary and non-contributing with any other insurance available to the Landlord." (iii) Workers' Compensation and Employer's Liability insurance (as required by state law). (iv) Any other form or forms of insurance as Tenant or Landlord or any mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself. (b) All policies shall be written in a form satisfactory to Landlord, (ii) Landlord and shall be provided by carriers licensed to do business taken out with insurance companies holding a General Policyholders Rating of "A" and a Financial Rating of "X" or better, as set forth in the state most current issue of California, with a Best's Bests Insurance Guide rating Guide. Within ten days after the execution of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premisesthis Lease, Tenant shall deliver to Landlord copies of policies or certificates evidencing the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate existence of the insurer certifying, in a form amounts and forms of coverage satisfactory to the Landlord, that the . No such policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as cancelable or reducible in coverage except after thirty days prior written notice to liability insurance policiesLandlord. Tenant shall, 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 not less than 30 within ten days prior to the expiration of such policies, furnish Landlord with renewals or cancellation of the policy being renewed "binders" thereof, or replaced. Landlord may at order such insurance and charge the cost thereof to Tenant as additional rent. If Landlord obtains any 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 9. D. The commercial general liability insurance carried by Tenant shall specifically insure that is the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability responsibility of Tenant under this section, Landlord shall deliver to Tenant a written statement setting forth the indemnification provisions set forth cost of any such insurance and showing in said Section 8.2reasonable detail the manner in which it has been computed.

Appears in 1 contract

Samples: Office Lease (Childrens Internet Inc)

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 At all times during the Term, Tenant will carry and maintain, at Tenant's expense, the followingfollowing insurance, in the amounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and on forms satisfactory to Landlord: (1a) Commercial Bodily injury and property damage liability insurance, with a combined single occurrence limit of not less than $5,000,000. All such insurance will be on an occurrence commercial general liability insurance insuring Tenant against liability for bodily injuryform including without limitation, death, property damage and personal injury occurring at and contractual liability coverage for the Premises, or resulting from Tenant's use or occupancy performance by Tenant of the Premises, Building, Common Areas or Project resulting from Tenant's activities indemnity agreements set forth in or about the PremisesARTICLE XVIII of this Lease. Such insurance shall be on an occurrence basis with a combined single limit include Waiver of liability of not less than the amount Subrogation Rights against Landlord. (b) Insurance covering all of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord furniture and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall notfixtures, howevermachinery, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlordequipment, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance stock and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations personal property owned and used in Tenant's business and found in, on or about the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective LiabilityProject, and Products and Completed Operations Coverage any leasehold improvements to the Premises in excess of any initial buildout of the Premises by the Landlord, in an amount not less than $500,000 per incidentthe full replacement cost. Property forms will provide coverage on an open perils basis insuring against "all risks of direct physical loss." All policy proceeds will be used for the repair or replacement of the property damaged or destroyed, $1,000,000 in however, if this Lease ceases under the aggregateprovisions of ARTICLE XX, Tenant will be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery and equipment, stock and any other personal property; (5c) Business Income Worker's compensation insurance insuring against and extra expense coverage with coverage amounts that satisfying Tenant's obligations and liabilities under the worker's compensation laws of the state in which the Premises are located, including employer's liability insurance in the limit of $1,000,000 aggregate. Such insurance shall reimburse Tenant for all rental, expense and other payment obligations include Waiver of Tenant under this Lease for a period of not less than one yearSubrogation Rights against Landlord; and (6d) Comprehensive If Tenant operates owned, hired, or non-owned vehicles on the Project, comprehensive automobile liability insurance with will be carried at a policy limit of liability not less than $1,000,000 each accident for combined bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned;. B. Each policy of liability (e) All insurance required to be carried by Tenant pursuant to under this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) ARTICLE XVI shall be in a form satisfactory to Landlord, (ii) shall be provided issued by carriers licensed such good and reputable insurance companies qualified to do and doing business in the state in which the Premises are located and having a rating not less than A-xiii as rated in the most current copy of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by Report in the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant form customary to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9locality. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Commercial Office Lease (Raytel Medical 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 TermLease Term carry, the following: (1) Commercial at its own expense, one or more policies of commercial general liability insurance insuring Tenant against liability for bodily injury, death, and property damage and personal insurance, issued by one or more insurance companies rated A-/VIII or better by A.M. Best, with the following minimum coverages against loss of or damage or injury to any person (including death resulting therefrom) or property occurring at the Premisesin, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in on or about the Leased Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability of : A. Worker’s Compensation - minimum statutory amount. B. Commercial General - not less than $5,000,000 Liability Insurance, Combined Single Limit including Blanket, for both bodily injury Contractual Liability and property damage. Broad Form Property Damage, Personal Injury, Completed Operations, Products Liability, Fire Damage. C. Fire and Extended Coverage, Vandalism and Malicious Mischief, and Sprinkler Leakage insurance, for the amount full cost of replacement of Tenant's Required Liability Coverage’s personal property located on or in the Leased Premises. The Tenant may self-insure such coverage, provided that Tenant provides reasonable evidence of Tenants’ self insurance program and such program is acceptable to Landlord, in Landlord’s reasonable discretion. Such liability insurance policy or policies shall be endorsed to name protect Tenant and Landlord as their interests may appear, naming Landlord and such others as are designated by Landlord Landlord’s managing agent and mortgagee as additional insureds. The limits of said insurance required by this Lease as carried by Tenant insureds and shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to provide that they may not be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not cancelled on less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days prior written notice to Landlord or Landlord’s mortgagee. Tenant shall furnish Landlord with Certificates of cancellation Insurance evidencing such coverage. Should Tenant fail to Landlordcarry such insurance and furnish Landlord with Certificates of Insurance after a request to do so, Landlord shall have the right to obtain such insurance and collect the cost thereof from Tenant as additional rent. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior Notwithstanding anything to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this contrary contained in Article 9, Tenant may, at its option, satisfy any or all of its obligations to insure with (a) a certificate so-called “blanket” policy or policies of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement of any such insurance, the requirements or (b) an excess or umbrella liability policy or policies of this Article must be complied with not less than 30 days prior to the expiration insurance, now or cancellation of the policy being renewed or replaced. Landlord may at any time hereafter carried and from time-to-time inspect and/or copy any and all insurance policies required to be carried maintained by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease Tenant; provided, however, nothing contained that Landlord and any additional party named pursuant to the terms of this Lease shall be named as additional insured thereunder, and provided that the coverage afforded Landlord and any additional insureds shall not be reduced or diminished by reason of the use of any such blanket or umbrella policy or policies and that all the requirements set forth in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2are otherwise satisfied.

Appears in 1 contract

Samples: Lease Agreement (Arhaus, Inc.)

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 Termterm of this Lease, the followingat Tenant's expense: (1a) Commercial general liability CASUALTY INSURANCE; including extended coverage, vandalism, and malicious mischief, and demolition and debris removal, insuring for an amount not less than 80% of the current replacement cost of all Tenant improvements, alterations or additions made to the Leased Premises by Tenant, and Tenant's trade fixtures, inventory, furniture and equipment owned, controlled or in use by Tenant and situated in the Leased Premises. Landlord shall have no interest in the insurance upon Tenant's equipment and trade fixtures other than as a lien holder pursuant to Paragraph 21 with respect to such equipment and trade fixtures. Landlord will not carry insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be property unless it elects to do so pursuant to Paragraph 14(1) below. (b) COMMERCIAL GENERAL LIABILITY INSURANCE including Bodily Injury and Property Damage Liability and Person & Advertising Injury Liability on an occurrence basis with a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage respect to Tenant's personal property, inventory, stock, trade fixtures business and alterations within occupancy of the Leased Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations one occurrence or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit claim of not less than $1,000,000 each accident 2,000,000. with N/A Products Aggregate and $5,000,000 General Aggregate, or such greater amount as Landlord may reasonably require in writing from time to time. Such insurance shall contain a provision including coverage for bodily injury all liabilities assumed by Tenant under this Lease and property damageshall name Landlord as an additional insured. (c) WORKER'S COMPENSATION INSURANCE for all Tenant employees working in the Leased Premises in an amount sufficient to comply with applicable laws or regulations. The policy shall include Employer's Liability with minimum limits of Sl00.000 per accident, $100,000 per employee, $500.000 policy limit. (d) INSURANCE against such other perils and insuring against all loss in connection with such amounts as Landlord may from time to time reasonably require in writing. Such request shall be made on the ownership, maintenance and operation basis that the insurance coverage requested is customary at the time for prudent tenants. All policies of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried maintained by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project hereunder shall (i) shall be in a form satisfactory acceptable to Landlord, : (ii) shall be provided issued by carriers an insurer licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or in which the Building is situated and which insurer shall otherwise be reasonably acceptable to Landlord and Landlord: (iii) shall be endorsed to provide require at least thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord before termination or material alteration: and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord (iv) with respect to each policy of insurance insurance, required to be carried by under Subparagraphs (a), (h), and (e), name Landlord and Landlord's Mortgagee as an "additional insured". Tenant pursuant to this Article 9shall, a certificate upon the commencement of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement of any such insurance, the requirements Term of this Article must be complied with not less than 30 Lease and thereafter within thirty (30) days prior to the expiration of each such policy, promptly deliver to Landlord certified copies or cancellation other evidence of such policies and evidence satisfactory to Landlord that all premiums have been paid and the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9are in effect. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Office Building Lease (Deep Down, Inc.)

Tenant’s Insurance. On or before the earlier of any Early Access Period, the Commencement Date or the date Tenant commences or causes to be commenced any work of any type in the Premises, and continuing during the entire Term, Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for obtain and keep in full force and effect, at all times during the Term, following insurance with limits of coverage as set forth in Section 1.14 of the followingSummary: a. Special Form (1formerly known as “all risk”) Commercial general liability insurance insuring insurance, including fire and extended coverage, sprinkler leakage (including earthquake sprinkler leakage), vandalism, malicious mischief upon property of every description and kind owned by Tenant against liability for bodily injury, death, property damage and personal injury occurring at located in the PremisesPremises or the Building, or resulting from Tenant's use for which Tenant is legally liable or occupancy of the Premises, Building, Common Areas installed by or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability behalf of Tenant nor relieve Tenant of including, without limitation, furniture, equipment and any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's other personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; Alterations (4) With respect to making of alterations but excluding the initial Office Improvements previously existing or installed in the construction of improvements or the like undertaken by TenantPremises), "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incidentthe full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, $1,000,000 in the aggregate;reasonable decision of Landlord or the Mortgagees of Landlord shall be presumptive. (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile b. Commercial general liability insurance with a policy limit of not less than $1,000,000 each accident for coverage on an occurrence basis, including personal injury, bodily injury and (including wrongful death), broad form property damage, operations hazard, owner’s protective coverage, contractual liability (including Tenant’s indemnification obligations under this Lease), liquor liability (if Tenant serves alcohol on the Premises), products and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy completed operations liability. The limits of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried may be increased every three (3) years during the Term upon reasonable prior notice by Landlord to an amount reasonably required by Landlord and required for tenants of buildings comparable to the Building. c. Commercial Automobile Liability covering all owned, hired and non-owned automobiles. d. Worker’s compensation, in statutory amounts and employers liability, covering all persons employed in connection with any work done in, on or about the Premises for which claims for death, bodily injury or illness could be asserted against Landlord, Tenant shall specifically insure or the performance by Tenant Premises. e. Umbrella liability insurance on an occurrence basis, in excess of and following the form of the indemnification provisions set forth underlying insurance described in Section 8.2 14.1.b. and 14.1.c. and the employer’s liability coverage in Section 14.1.d. which is at least as broad as each and every area of this Lease providedthe underlying policies. Such umbrella liability insurance shall include pay on behalf of wording, howeverconcurrency of effective dates with primary policies, nothing contained blanket contractual liability, application of primary policy aggregates, and shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance, subject to customary commercially reasonable deductible amounts imposed on umbrella policies. f. If Tenant’s business includes professional services, Tenant shall, at Tenant’s expense, maintain in this Article 9 shall be construed full force and effect professional liability (also known as errors and omissions insurance), covering Tenant and Tenant’s employees from work related negligence and liability in trade. g. Loss of income, extra expense and business interruption insurance in such amounts as will reimburse Tenant for 12 months of direct or indirect loss of earnings attributable to limit all perils commonly insured against by prudent tenants or attributable to prevention of access to the liability Premises, Tenant’s parking areas or to the Building as a result of Tenant under the indemnification provisions set forth in said Section 8.2such perils.

Appears in 1 contract

Samples: Commercial Lease (Gigamon LLC)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for obtain and keep in full force and effectmaintain, at all times during its sole cost and expense throughout the TermTerm of this Lease, the following: following insurance ("Tenant's Insurance"): (1) Commercial general liability insurance insuring Tenant against liability for bodily injuryGeneral Liability Insurance applicable to the Premises and its appurtenances providing coverage, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with basis, a combined single limit minimum of liability of not less than $5,000,000 per occurrence and in the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. aggregate; (2) Fire All Risk Property Insurance (and casualty business interruption insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease Rent for a period of not less than one yeartwelve (12) months) including flood and earthquake coverage, written at 100% of replacement cost value and with a replacement cost endorsement covering all of Tenant's Property and Tenant's improvements to the Premises; and (63) Comprehensive automobile Workers' Compensation Insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute; (4) Employers Liability Coverage (including, without limitation, coverage for accidents and disease) of at least $1,000,000.00 per occurrence and in the aggregate; and (5) umbrella liability coverage for comprehensive general liability insurance with a policy limit and Employer's Liability Insurance of not less than $1,000,000 each accident for bodily injury 5,000,000.00 per occurrence and in the aggregate. Any company writing any of Tenant's Insurance shall have an A.M. Best rating of not less than A IX. All Commercial General Liability Insurance policies shall be primary and non-contributory and name Tenant as a named insured and Landlord (or any successor), Landlord's property damagemanager, and insuring against all loss in connection with their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the ownershipinterest of such designees shall appear, maintenance and operation as additional insureds. All policies of automotive equipment Tenant's Insurance shall contain endorsements that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (iinsurer(s) shall be in a form satisfactory endeavor to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to give Landlord and (iii) shall be endorsed to provide its designees at least thirty (30) days days' advance written notice of cancellation to Landlordany change, cancellation, termination or lapse of insurance. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the provide Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory insurance evidencing Tenant's Insurance prior to the Landlord, that earlier to occur of the policy has been issued and premium paid providing Commencement Date or the coverage required by this Article 9 and containing date Tenant is provided with possession of the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policiesPremises for any reason, 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 not less than 30 upon renewals at least fifteen (15) days prior to the expiration or cancellation of the policy being renewed or replacedinsurance coverage. Landlord Except as may at any time and from time-to-time inspect and/or copy any and all be specifically provided to the contrary, the limits of either party's insurance policies required to be carried by Tenant pursuant to shall not limit such party's liability under this Article 9Lease. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease Agreement (Trillium Therapeutics Inc.)

Tenant’s Insurance. a. The Tenant will maintain at its cost (i) “all risks” property insurance on a full replacement cost basis, insuring all property owned by the Tenant or for which the Tenant is legally liable which is installed, located or situated within the Leased Premises or elsewhere in ​ the Building (which will contain the standard mortgage clause required by each Mortgagee) and (ii) public liability and property damage insurance with respect to the Leased Premises and the Tenant’s use and occupancy of the Building (which will be written on a comprehensive basis with inclusive limits of at least three million dollars ($3,000,000.00) for each occurrence for bodily injury for any one or more Persons or property damage or such other amount as the Landlord may from time to time reasonably require upon not less than thirty (30) days’ notice at any time during the Term and contain a severability of interests clause and cross liability clauses) and (iii) Tenant warrants that comprehensive pressure vessel and machinery insurance is not required at this time however in the event the Tenant brings onto the Leased Premises a pressure vessel, Tenant shall maintain insurance complying with secure comprehensive pressure vessel and machinery insurance, including repair or replacement endorsement in an amount satisfactory to the Landlord not less than full replacement costs of all Leasehold Improvements and of all boilers, pressure vessels, heating, ventilating and air conditioning equipment and miscellaneous electric apparatus owned or operated by the Tenant or by others (other than the Landlord) on behalf of the following: A. Tenant shall procure, pay for and keep in full force and effect, at all times during the Term, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use relating to or occupancy serving the Premises and providing coverage with respect to all objects introduced into the Leased Premises by or on behalf of the Premises, Building, Common Areas Tenant or Project resulting from Tenant's activities in otherwise constituting Leasehold Improvements and (iv) plate glass insurance on all internal and external glass within or about fronting the Premises. Such Leased Premises and (v) business interruption insurance shall be on an occurrence basis the profit form providing all risks coverage with a combined single limit period of liability indemnity of not less than 12 months and subject to stated amount co-insurance clause and (vi) any other form of insurance with whatever limits the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlyacting reasonably, or a Mortgagee requires from time to time, in form, in amounts and for risks against which a prudent tenant under similar circumstances would insure. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. b. Each policy of insurance will name, as insureds, the Tenant and the Released Persons, each as their respective interests may appear. The policies (other than the Tenant’s liability insurance required policy) will contain a waiver of any subrogation rights which the Tenant’s insurers may have against the Released Persons and those for whom any of them is in law responsible, whether or not any loss or damage is caused or contributed to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project negligence of any of them. All policies will (i) shall be in a form satisfactory non-contributing and apply only as primary and not excess to Landlord, any other insurance available to any of the Released Persons; (ii) shall not be provided invalidated (in relation to the interests of any of the Released Persons) by carriers licensed to do business reason of any breach of warranties, representations, declaration or conditions contained in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord policies; and (iii) shall be endorsed contain an undertaking by the insurers to provide notify the Landlord and each Mortgagee in writing not less than thirty (30) days written notice before any material change, cancellation or termination. c. Prior to taking possession of cancellation to Landlord. Property the Leased Premises and on every renewal date, the Tenant will deliver certificates of insurance shall contain a waiver and/or a permission to waive executed by the insurer Tenant’s insurers. No review or approval of any right of subrogation against Landlord and insurance policy or certificate by the Landlord Parties which might arise by reason of will in any payment way alter the Landlord’s rights under such policy or by reason of any act or omission of Landlord and the Landlord Partiesthis Lease. C. Prior d. The Tenant will not allow anything to the time Tenant or occur that results in (i) an increase in premiums for any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant Landlord or (ii) the cancellation or threatened cancellation or a reduction of coverage under any of the indemnification provisions set forth Landlord’s insurance policies on any part of the Building. Landlord warrants that the Tenant’s use, in Section 8.2 of the event the Tenant uses the Leased Premises as contemplated under this Lease providedLease, however, nothing contained in this Article 9 shall be construed to limit will not increase the liability of Tenant under Landlord’s insurance premiums or cancel the indemnification provisions set forth in said Section 8.2Landlord’s insurance policy.

Appears in 1 contract

Samples: Industrial Lease (Fuelcell Energy Inc)

Tenant’s Insurance. Except as described in Rider 3 attached hereto, Tenant shall maintain the following insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effect(“Tenant’s Insurance”), at all times during the Term, the following: its sole cost and expense: (1) Commercial commercial general liability insurance insuring Tenant against liability for bodily injuryapplicable to the Premises and its appurtenances providing, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly “all risk”) property insurance, including flood and earthquake (subject to Rider 3), covering all above building standard leasehold improvements and Tenant’s trade fixtures, equipment, furniture and other personal property within the Premises (“Tenant’s Property”) in the amount of the full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses (subject to Rider 3); (4) business automobile liability insurance to cover all owned, hired and nonowned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers’ compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers’ compensation insurance is statutorily required, Tenant shall carry workers’ compensation insurance in a minimum amount of $500,000); (6) employer’s liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $5,000,000 per occurrence and in the aggregate. Any company underwriting any of Tenant’s Insurance shall have, according to A.M. Best Insurance Guide, a Best’s rating of not less than the amount A- and a Financial Size Category of Tenant's Required Liability Coveragenot less than VIII. The policy or All commercial general liability, business automobile liability and umbrella liability insurance policies shall be endorsed to name Landlord (or any successor), Landlord’s property manager and such others Landlord’s Mortgagee (if any), as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant ” and shall be primary as to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations Claims arising within the Premises with coverage for Landlord’s policy being secondary and noncontributory. If any aggregate limit is reduced because of losses paid to below 75% of the full actual replacement cost thereof; (3) Workers' compensation limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. Tenant shall provide Landlord with a certificate of insurance and any other employee benefit insurance sufficient evidencing Tenant’s Insurance prior to comply with all Laws; (4) With respect the earlier to making occur of alterations the Commencement Date or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse date Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect provided access to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer for any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policiesreason, 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 not less than 30 upon renewals at least 10 days prior to the expiration or cancellation of the policy being renewed or replacedinsurance coverage. Landlord may at any time All of Tenant’s Insurance policies, endorsements and from timecertificates will be on forms and with deductibles and self-to-time inspect and/or copy any and all insured retention, if any, reasonably acceptable to Landlord. The limits of Tenant’s insurance policies required to be carried by Tenant pursuant to shall not limit Tenant’s liability under this Article 9Lease. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Office Lease (Cardium Therapeutics, Inc.)

Tenant’s Insurance. Tenant shall maintain insurance complying as follows, with all of the following: A. Tenant such other terms, coverages and insurers, as Landlord shall procure, pay for and keep in full force and effect, at all times during the Term, the followingreasonably require from time to time: (1) Commercial general General Liability Insurance, with (a) Contractual Liability including the indemnification provisions contained in this Lease, (b) a severability of interest endorsement and cross liability insurance insuring Tenant against liability clause, (c) limits of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence and not less than Two Million Dollars ($2,000,000) in the aggregate for bodily injury, sickness or death, and property damage damage, and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability umbrella coverage of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlyFive Million Dollars ($5,000,000). (2) Fire Property Insurance against “All Risks” of physical loss with business interruption and casualty insurance with "extra expense coverage covering the replacement cost of all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal propertyimprovements, inventory, stock, trade fixtures and alterations within personal property of Tenant, including without limitation (i) sprinkler leakage, ordinance and law, sewer back-up, windstorm and collapse coverage, and (ii) flood and earthquake coverage. Tenant waives all rights of subrogation, and Tenant’s property insurance shall include a waiver of subrogation in favor of Landlord. Notwithstanding the Premises with foregoing, so long as the Tenant under this Lease is Everbridge, Inc., Tenant may elect to “self-insure” against the risks described in clause (ii) of this Section 8(C)(2) above (the “Self-Insured Risks”); i.e., Tenant may elect to absorb all liability for which Tenant would otherwise have insurance coverage under policies of insurance for the full actual replacement cost thereof;Self-Insured Risks; provided, however, Tenant shall not be released from liability hereunder by reason of such self-insurance. To the extent Tenant elects to self-insure such risks (which election shall automatically be deemed to have been made by Tenant to the extent of any failure to carry insurance on the Self-Insured Risks), then, as between Landlord and Tenant, Tenant shall be treated as if Tenant maintained such insurance (as primary insurance and any insurance carried by Landlord and its agents, mortgagees, and ground lessors, if any, will be excess over and non-contributing with such insurance) and Tenant hereby waives any rights of recovery and subrogation against Landlord and/or Landlord’s insurer for any loss which would have been covered had Tenant maintained insurance covering the Self-Insured Risks. (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" similar insurance in an amount approved form and amounts required by Landlord covering the alterations or improvements and Contractor's Protective Liabilitylaw, and Products and Completed Operations Coverage in an amount Employer’s Liability with not less than $the following limits: Each Accident $ 500,000 per incidentDisease—Policy Limit $ 500,000 Disease—Each Employee $ 500,000 Such insurance shall contain a waiver of subrogation provision in favor of Landlord and its agents. Tenant’s insurance shall be primary and not contributory to that carried by Landlord, $1,000,000 its agents, or mortgagee. Landlord, and if any, Landlord’s building manager or agent, mortgagee and ground lessor shall be named as additional insureds as respects to insurance required of the Tenant in the aggregate; (5) Business Income Section 8C(1). The company or companies writing any insurance and extra expense coverage with coverage amounts that shall reimburse which Tenant for all rental, expense and other payment obligations of Tenant is required to maintain under this Lease for a period Lease, as well as the form of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damagesuch insurance, shall at all times be subject to Landlord’s approval, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) any such company shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state in which the Project is located. Such insurance companies shall have a A.M. Best rating of CaliforniaA VI or better. Tenant shall cause any contractor of Tenant performing work on the Premises to maintain insurance as follows, with a Best's Insurance Guide rating such other terms, coverages and insurers, as Landlord shall reasonably require from time to time: (1) Commercial General Liability Insurance, including 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, for each occurrence, of "ANI" not less than One Million Dollars ($1,000,000) with respect to personal injury, death or better and/or acceptable to Landlord property damage. (2) Workers’ compensation or similar insurance in form and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property amounts required by law, and Employer’s Liability with not less than the following limits: Each Accident $ 500,000 Disease—Policy Limit $ 500,000 Disease—Each Employee $ 500,000 Such insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission provision in favor of Landlord and the Landlord Parties. C. Prior its agents. Tenant’s contractor’s insurance shall be primary and not contributory to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be that carried by Tenant pursuant to this Article 9Tenant, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued their agents or mortgagees. Tenant and premium paid providing the coverage required by this Article 9 Landlord, and containing the provisions herein. Attached to such a certificate if any, Landlord’s building manager or agent, mortgagee or ground lessor shall be endorsements naming Landlord named as additional insured as to liability insureds on Tenant’s contractor’s insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease Agreement (Everbridge, Inc.)

AutoNDA by SimpleDocs

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 At all times during the Term, commencing on the followingEffective Date, Tenant shall carry and maintain, at its sole cost and expense: (1a) Commercial General Liability Insurance with a broad form comprehensive general liability endorsement applicable to the Premises and its appurtenances (and applicable to any storage space in the Mixed Use Project assigned to Tenant) providing, on an occurrence basis, a minimum combined single limit of Three Million Dollars ($3,000,000) and containing a contractual liability endorsement. (b) Plate glass insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring all risks of physical loss insurance written at replacement cost value and with a replacement cost endorsement covering all of Tenant’s Property in the Premises, and all Leasehold Improvements installed in the Premises. Notwithstanding the foregoing, Tenant may self-insure for damage to or resulting breakage of any plate glass in the Premises. If at any time this Lease is canceled or terminated by either party as herein permitted following any casualty loss which Tenant has self-insured in whole or in part (an “uninsured loss”) and Landlord would have been entitled to receive and retain the insurance proceeds payable because of such casualty if the uninsured loss had been covered by insurance, then Tenant shall promptly pay to Landlord an amount equal to the insurance proceeds that would have been payable to Landlord with respect to the uninsured loss if Tenant had carried insurance in the form and amount required by the terms of this Lease rather than self-insuring such loss. (c) Business interruption insurance covering periods of not less than one (1) year in the following amounts: (i) for the first Lease Year an amount equal to one and one-half (1-1/2) times the Minimum Rent and (ii) for the succeeding Lease Years or Partial Lease Years, in amounts not less than the Rent and Tenant’s other operating expenses for the preceding twelve (12) month period (the “Business Interruption Coverage”). (d) Whenever good business practice, in accordance with industry standards, indicates the need of additional insurance coverage or different types of insurance in connection with the Premises or Tenant’s use and occupancy thereof, Tenant shall, upon request, obtain such insurance at Tenant’s expense and provide Landlord with evidence thereof. (e) If alcoholic beverages are sold, used, delivered or stored on, in or from Tenant's use or occupancy of the Premises, BuildingTenant shall maintain throughout the Term of this Lease at its expense, Common Areas insurance with combined single limits of not less than Two Million Dollars ($2,000,000) covering any claims arising under applicable law relating to the manufacture, storage, sale, use or Project resulting from Tenant's activities in giving away of any alcoholic or about other intoxicating liquor or beverage, which claims could be asserted against Landlord, Tenant or the 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. The policy or policies shall in such amounts as may be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried reasonably specified by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained Nothing in this Article 9 Section shall be construed to limit permit Tenant to sell, use deliver or store alcoholic beverages on, in or from the liability of Tenant under the indemnification provisions set forth in said Premises unless such sale, use, delivery or storage is specifically permitted by Landlord pursuant to Section 8.2l.1(R) herein.

Appears in 1 contract

Samples: Share Exchange Agreement (Veg House Holdings Inc.)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for obtain at its own expense and keep in full force and effect, at all times effect during the Term, the following: (1) Commercial a policy of commercial general liability insurance insuring (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 liability 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 claim against or seek to recover from Landlord for bodily injuryany loss, death, property damage and personal injury occurring at or claim whether or not covered under such policy. Such policy shall also contain a provision which provides the Premisesinsurance company will not cancel or refuse to renew the policy, or resulting from Tenant's use change in any material way the nature or occupancy extent of the Premisescoverage provided by such policy, Buildingwithout first giving Landlord at least thirty (30) days written notice by certified mail, Common Areas or Project resulting from Tenant's activities in or about return receipt requested, which notice shall contain the Premisespolicy number and the names of the insureds and policy holder. Such insurance The minimum limits of liability shall be on an occurrence basis with a combined single limit of liability 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, additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that names Landlord, Landlord's managing agent and/or designees specified by Landlord from time to time, as additional insureds, references the Premises, and guarantees a minimum limit available for the Premises equal to the amount of Tenant's Required Liability Coverageinsurance required to be maintained hereunder. The Each policy or policies required hereunder shall contain a clause that the policy and the coverage evidenced thereby shall be endorsed primary with respect to name Landlord any policies carried by Landlord, and such others as are designated that any coverage carried by Landlord as additional insuredsshall be excess insurance. The limits of said the insurance required by under this Lease as carried by Tenant subsection shall not, however, not limit the liability of Tenant nor relieve Tenant of any obligation hereunderunder this Lease. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to the terms of this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) Lease shall be in a form satisfactory to Landlord, (ii) shall be provided effected under valid and enforceable policies issued by carriers licensed reputable and independent insurers permitted to do business in the state State of CaliforniaNew York, with a and rated in Best's Insurance Guide Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of "ANIA-" or better and/or acceptable and a financial rating of at least "10". In the event that Tenant fails to continuously maintain insurance as required by this subsection, Landlord may, after five (5) business days notice to Tenant, at its option and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason without relieving Tenant of any payment under obligation hereunder, order such policy or by reason insurance and pay for the same at the expense of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the PremisesTenant. In such event, Tenant shall deliver to repay the Landlord with respect to each policy of insurance required to be carried amount expended by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policieswith interest thereon, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9immediately upon Landlord's written demand therefor. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease Agreement (Viatel Inc)

Tenant’s Insurance. At all times during the term of this Lease, Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for at Tenant’s sole cost and expense keep in full force and effect, at all times during the Termeffect as a minimum, the followingfollowing insurance coverages for the mutual benefit of Landlord and Tenant as their respective insurable interests may appear: (1a) Commercial A policy of comprehensive general public liability insurance insuring Tenant against liability for bodily injury, death, and property damage and insurance including independent contractors, broad form property damage, personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on and blanket contractual liability endorsements under which Landlord is named as an occurrence basis additional insured with a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations each occurrence or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage each claim in an amount not less than $500,000 per incident, $1,000,000 2,000,000 in the aggregate;aggregate for bodily or personal injury, death or damage to property, and umbrella liability in the amount of $5,000,000. While Tenant is moving its furniture, fixtures and equipment in or out of the Premises, Tenant shall require its moving contractors to carry the same insurance coverages as required by this Lease naming Tenant and Landlord as additional insureds. (5b) Business Income A policy against fire and other casualty on the personal property owned by the Tenant on the Premises on a “special cause of loss” form sufficient to provide 100% replacement value of such personal property located in or on the Premises. Such policy shall contain a replacement cost endorsement and a clause pursuant to which the insurance carrier waives all rights of subrogation against the Landlord with respect to losses payable under the policy. (c) A Worker’s Compensation policy providing statutory benefits for Tenant’s employees and employer’s liability coverage with a limit in an amount not less than that which is required by law. (d) Protective liability insurance insuring Landlord and Tenant against any liability which may arise on account of alterations, additions, improvements or construction for tenant’s improvements, with a minimum limit of $2,000,000 with respect to each occurrence or each claim for injury to or death of any one person and damage to property. (e) Such other insurance and extra expense coverage with coverage in such amounts as may from time to time be reasonably required by Landlord against other insurable hazards, which at the time are commonly insured against for premises similarly situated, due regard being given to the type of building, its construction, use and occupancy. Tenant shall also carry insurance on the Tenant’s inventory, furniture and fixtures, leasehold improvements and operating equipment. All insurance coverages that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant is required to maintain under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury shall name Landlord as an additional insured and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in effected under a form satisfactory to Landlord, (ii) shall be provided valid and enforceable policy issued by carriers reputable insurers licensed and permitted to do business in the state State of CaliforniaNew York in which the Building is located, with and rated in Best’s Insurance Guide, as having a Best's Insurance Guide general policyholder rating of "ANI" or better and/or acceptable “A” and a financial rating of at least Class VIII. Tenant shall cause certificates evidencing the issuance of such policies to be delivered to Landlord before occupancy of the Premises and at least ten (10) days prior to the expiration of such policies evidencing their renewal. Each certificate shall set forth the coverages that Tenant is required to maintain under this Lease and shall be non-cancellable with respect to Landlord without ten (10) days written notice to Landlord. In the event that Tenant shall not have delivered such certificate(s) to Landlord as required above, Landlord may obtain such insurance as it may reasonably require to protect its interest. The cost for such policies shall be paid by Tenant to Landlord as additional rent upon demand. Any loss under any such policies shall be adjusted with the insurance company by Tenant and the proceeds of such insurance shall be payable to Landlord and (iii) to Landlord’s first mortgagee if the policy so provides, as their respective insurable interests may appear. Each 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 Landlord or the Landlord’s mortgagee the amount of any loss sustained and shall contain an agreement by the insurer that such policy shall not be endorsed to provide canceled without at least thirty (30) days prior written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued Tenant and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached any mortgagee to such whom a certificate shall loss thereunder may be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9payable. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Standard Property Lease (Gsi Group Inc)

Tenant’s Insurance. Tenant shall procure and maintain policies of insurance, at its own cost and expense, insuring: (a) The Landlord Protected Parties (as "named insureds"), and Landlord's mortgagee, if any, of which Tenant is given written notice, and Tenant Protected Parties, from all claims, demands or actions made by or on behalf of any person or persons, firm or corporation and arising from, related to or connected with the Leased Premises, for bodily injury to or personal injury to or death of any person, or more than one (1) person, or for damage to property in an amount of not less than $3,000,000.00 combined single limit per occurrence/aggregate. Such insurance complying with shall be written on an "occurrence" basis and not on a "claims made" basis. If at any time during the term of this Lease, Tenant owns or rents more than one location, the policy shall contain an endorsement to the effect that the aggregate limit in the policy shall apply separately to each location owned or rented by Tenant. Landlord shall have the right, exercisable by giving written notice thereof to Tenant, to require Tenant to increase such limit if, in Landlord's reasonable judgment, the amount thereof is insufficient to protect the Landlord Protected Parties and Tenant Protected Parties from judgments that might result from such claims, demands or actions. (b) The improvements at any time situated upon the Leased Premises against loss or damage by fire, lightning, wind storm, hail storm, aircraft, vehicles, smoke, explosion, riot or civil commotion as provided by the Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form ("all risk" coverage). The insurance coverage shall be for not less than 100% of the following: A. full replacement cost of such improvements with agreed amount endorsement, and building ordinance coverage, all subject only to such deductibles as Landlord shall reasonably approve in writing. The full replacement cost of improvements shall be designated annually by Landlord, in the good faith exercise of Landlord's judgment. In the event that Tenant does not agree with Landlord's designation, Tenant shall procurehave the right to submit the matter to an insurance appraiser reasonably selected by Landlord and paid for by Tenant. The insurance appraiser shall submit a written appraisal report and if that report discloses that the improvements are not insured as therein required, Tenant shall promptly obtain the insurance required. Landlord shall be named as the insured and all proceeds of insurance shall be payable to Landlord. Such insurance shall contain an endorsement waiving the insurer's right of subrogation against any Landlord Protected Party or any Tenant Protected Party, provided that such waiver of the right of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof (except that either party shall have the right, within thirty (30) days following written notice, to pay for and keep such increased cost, thereby keeping such waiver in full force and effect, at all times during the Term, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only). (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease Agreement (Datametrics Corp)

Tenant’s Insurance. Tenant agrees to maintain in force during the term hereof, without expense to Landlord, with an insurance company with general policy holder’s rating of not less than A-VII, as rated in the most current Best’s Insurance Reports, or other company acceptable to Landlord, the policies of insurance as set forth below. Tenant shall maintain be permitted to obtain the insurance complying required under this Paragraph 14 by providing a blanket policy of insurance only if such blanket policies expressly provide coverage to the Property and Landlord as required by this Lease without regard to claims made under such policies with respect to other persons or properties and in such form and content reasonably acceptable to Landlord. All such insurance policies shall be on an occurrence basis and not a claims-made basis, contain a standard separation of insureds provision, and shall name Landlord, its property manager IRG Realty Advisors, LLC (or such other property manager selected by Landlord), and their respective agents and employees as additional insureds on a primary and non-contributory basis. A. Causes of Loss - Special Form property insurance, in an amount not less than one hundred percent (100%) of replacement cost covering all tenant improvements, betterments and alterations permitted under this Lease, floor and wall coverings, and Tenant’s office furniture, business and personal trade fixtures, equipment, furniture system and other personal property from time to time situated in the Property. Such property insurance shall include a replacement cost endorsement, providing protection against any peril included within the classification fire and extended coverage, sprinkler damage, vandalism, malicious mischief, and such other additional perils as covered in a cause of loss (special form) insurance policy. The proceeds of such insurance shall be used for the repair and replacement of the following: A. Tenant shall procureproperty so insured, pay for and keep in full force and effect, at all times during the Termexcept that if not so applied or if this Lease is terminated following a casualty, the following:proceeds applicable to the leasehold improvements shall first be paid to Landlord and the proceeds applicable to Tenant’s personal property shall then be paid to Tenant; (1) B. Commercial general liability insurance insurance, in the name of Tenant, insuring Tenant against any liability for from the use and occupancy of the Property and the business operated by Tenant. All such policies shall be written to apply to all bodily injury, injury or death, property damage and personal injury occurring at the Premiseslosses, and shall include blanket contractual liability (including Tenant’s indemnity obligations under this Lease), broad form property damage liability, premise-operations and shall contain an exception to any pollution exclusion which insures damage or resulting injury arising out of heat, smoke or fumes from Tenant's use hostile fire, a contractual liability endorsement, and provide primary coverage to Landlord (any insurance policy issued to Landlord providing duplicate or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance similar coverage 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance deemed to be carried by the Tenant shall excess over Tenant’s policies), in such amounts as may from time to time be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance customary with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or similar properties in the construction of improvements or the like undertaken by Tenantsame area, "Builder's All Risk" insurance but in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount any event not less than $500,000 3,000,000.00 per incident, $1,000,000 occurrence (or such other amounts as may be required by Landlord). The amounts of such insurance required hereunder shall be adjusted from time to time as requested by Landlord based upon Landlord’s determination as to the amounts of such insurance generally required at such time for comparable premises and buildings in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rentalgeneral geographical area of the Property. In addition, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate shall include coverage for any potential liability arising out of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement because of any such insuranceconstruction, work of repair, maintenance, restoration, replacement, alteration, or other work done on or about the requirements of this Article must be complied with not less than 30 days prior to the expiration Property by or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.control or direction of Tenant;

Appears in 1 contract

Samples: Lease Agreement (Invacare Corp)

Tenant’s Insurance. (a) At its sole cost and expense, Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effect, at all times effect during the Term, Term of the followingLease the following insurance coverages insuring against claims which may arise from or in connection with the Tenant’s operation and use of the Premises: (1i) Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 general liability insurance insuring Tenant against liability aggregate for bodily injury, deathpersonal injury, and property damage damage, and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy for umbrella liability of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premisesnot less than $5,000,000. 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. The policy or policies shall be endorsed to name include Landlord and such others as are designated by Landlord Entities as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to and noncontributory with any similar insurance carried by LandlordLandlord insurance, whose insurance and shall be considered excess insurance onlyprovide severability of interests between or among insureds. (2ii) Fire and casualty Workers’ Compensation insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures statutory limits and alterations within the Premises Employers Liability with coverage a $1,000,000 per accident limit for the full actual replacement cost thereof;bodily injury or disease. (3iii) Workers' compensation Automobile Liability insurance and any other employee benefit insurance sufficient to comply with covering all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenantowned, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liabilitynonowned, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, hired vehicles with a $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy per accident limit of not less than $1,000,000 each accident for bodily injury and property damage. (iv) Property insurance against “all risks” at least as broad as the current ISO Special Form policy, including earthquake and flood, for loss to any tenant improvements, Tenant’s property, or betterments, floor and wall coverings, and insuring against business personal property on a full insurable replacement cost basis with no co-insurance clause, and Business Income insurance covering at least six months of loss of income and continuing expense. (v) Pollution Legal Liability, with limits of $5,000,000 per claim and $5,000,000 aggregate including coverage for all operations, completed operations and professional services including coverage for bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed; and defense, including costs, charges and expenses incurred in connection the investigation or adjustment and defense of claims for such compensatory damages. Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, which results in bodily injury, property damage or cleanup costs. (b) Tenant shall deliver to Landlord certificates of all insurance reflecting evidence of required coverages prior to initial occupancy, and annually thereafter. (c) If, in the opinion of Landlord’s insurance advisor, the amount or scope of such coverage is deemed inadequate at the expiration of the initial Term of this Lease and any Option Period, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord’s advisor deems adequate and is consistent with the ownership, maintenance and operation types of automotive equipment that is owned, hired or non-owned;insurance carried by Tenants leasing similar properties in similar jurisdictions. B. Each policy of liability (d) All insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project under Paragraph 8.2 (i) shall be in a form satisfactory to Landlord, (ii) shall be provided issued by carriers insurers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" in which the Premises are located and which are rated A:VII or better and/or acceptable to Landlord by Best’s Key Rating Guide and (iiiii) shall be endorsed to provide thirty (at least 30) -days written notice prior notification of cancellation or non-renewal in coverage to Landlordsaid additional insureds. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the PremisesFurthermore, Tenant shall deliver to the give Landlord with respect to each immediate notice (within one business day after Tenant obtains knowledge) of any policy of insurance required to be carried by Tenant pursuant to this Article 9cancellation, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each non-renewal or replacement of any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9material change. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease (Clean Energy Fuels Corp.)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following:following coverages in the following amounts. A. Tenant shall procure, pay for and keep in full force and effect, at all times during the Term, the following: (1) 10.3.1 Commercial general liability insurance insuring Tenant covering the insured against liability for claims of bodily injury, death, personal injury and property damage and personal injury occurring at the Premises, or resulting from Tenant's (including loss of use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability of not less than the amount thereof) arising out of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord operations, and such others as are designated contractual liabilities (covering the performance by Landlord as additional insureds. The limits Tenant of said insurance required by its indemnity agreements) including a Broad Form endorsement covering the insuring provisions of this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions indemnity agreements set forth in Section 8.2 10.1 of this Lease, for limits of liability not less than: 10.3.1.1 Bodily Injury and Property Damage Liability $5,000,000 each occurrence $5,000,000 annual aggregate Personal Injury Liability $5,000,000 each occurrence $5,000,000 annual aggregate with no deductible 10.3.2 All Risk" Property Insurance covering (i) all office furniture, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's property on the Premises installed by, for, or at the expense of Tenant, (ii) any improvements which exist in a Phase as of the applicable Lease providedCommencement Date (excluding the Base Building) (the "Original Improvements"), howeverand (iii) all other improvements, nothing contained in this Article 9 alterations and additions to the Premises made for or on behalf of Tenant. Such insurance shall be construed for the full replacement cost (subject to reasonable deductible amounts) new without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for damage or other loss caused by fire or other peril including, but not limited to, vandalism and malicious mischief, theft, water damage of any type, including sprinkler leakage, bursting or stoppage of pipes, and explosion, and providing business interruption coverage for a period of one year. 10.3.3 Worker's Compensation pursuant to all applicable state and local statutes and regulations; and Employer's Liability with a limit of $1,000,000 each occurrence. 10.3.4 Business interruption, loss of income and extra expense insurance in amounts sufficient to pay for Tenant's expenses and lost income attributable to perils commonly insured against by prudent tenants or attributable to prevention of access to the liability Premises as a result of Tenant under the indemnification provisions set forth in said Section 8.2such perils.

Appears in 1 contract

Samples: Office Lease (C3.ai, Inc.)

Tenant’s Insurance. Tenant shall maintain have the following insurance complying with all of the following------------------ obligations: A. (a) Tenant shall procure, pay for obtain at its sole cost and expense and keep in full force a policy of Combined Single Limit Bodily Injury and effect, at all times during the Term, the following: Property Damage Insurance protecting Landlord and Tenant and Landlord's managing agent and any lessors and mortgagees (1whose names shall have been furnished to Tenant) Commercial general against any liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from arising out of Tenant's use or Tenant's Employees' use, occupancy or maintenance of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the PremisesPremises and all areas appurtenant thereto. Such insurance shall be on primary for any such risk and shall be in an occurrence basis with a combined single limit of liability of amount not less than the amount of Tenant's Required Liability CoverageTwo Million Dollars ($2,000,000.00) per occurrence. The policy or policies shall be endorsed contain cross- liability endorsements, and shall insure performance by Tenant of the foregoing indemnity provision of the Lease. The policy shall provide for notice of renewal to name Landlord not less than thirty (30) days prior to expiration, and such others as are designated by shall provide for notice to Landlord as additional insuredsof cancellation thirty (30) days prior to said cancellation. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve under Paragraph 14.1 above. Notwithstanding the foregoing, Tenant of any obligation hereunder. All insurance shall have the right to self-insure against the liability to be carried covered by the policy referenced in this Paragraph 14.3(a), so long as Tenant shall be primary to any similar insurance carried by Landlordmaintains a net worth of at least One Hundred Twenty-Five Million Dollars ($125,000,000.00), whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to as shown on Tenant's personal property, inventory, stock, trade fixtures annual report to its shareholders and alterations within Tenant's Form 10Q statement filed quarterly with the Premises with coverage for the full actual replacement cost thereofSecurities and Exchange Commission; (3b) Workers' compensation Tenant shall maintain, at Tenant's sole cost and expense, on all Tenant's Personal Property, the Tenant Improvements and Tenant's Extra Improvements, a policy of All Risk insurance inclusive of standard fire and extended coverage insurance, naming Landlord and Tenant as their interests may appear, with vandalism and malicious mischief endorsements, to the extent of one hundred percent (100%) of the full replacement value (as Landlord and Tenant may reasonably determine from time to time) of Tenant's Personal Property, the Tenant Improvements and Tenant's Extra Improvements. Landlord shall not be required to carry insurance of any other employee benefit insurance sufficient kind on Tenant's Personal Property, the Tenant Improvements or Tenant's Extra Improvements, and Landlord shall not be obligated to comply repair any damage thereto or replace the same. Notwithstanding the foregoing, Tenant shall have the right to self-insure Tenant's Personal Property, the Tenant Improvements and the Tenant's Extra Improvements, so long as Tenant maintains a net worth of at least One Hundred Twenty-Five Million Dollars ($125,000,000.00), as shown on Tenant's annual report to its shareholders and Tenant's Form 10Q statement filed quarterly with all Lawsthe Securities and Exchange Commission. The right of Tenant to self-insure set forth herein shall be personal to the original Tenant named herein and may not be assigned or exercised by any assignee or sublessee; (4c) With respect to making of alterations or the construction of improvements or the like undertaken Tenant shall maintain Workers' Compensation and Employer's Liability insurance as required by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregatelaw; (5d) Business Income Tenant shall, at its sole cost and expense, maintain any other types and amounts of insurance as Landlord, its mortgagees, or the trust deed beneficiaries of Landlord or the ground or underlying lessors of the Land and/or the Building may reasonably require from time to time in form, in amounts and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations insurance risks against which a prudent Landlord of Tenant under this Lease for a period of not less than one yearComparable Building would require; and (6e) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to provide Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation date on which Landlord delivers possession of the policy being renewed Premises (or replaced. any portion thereof) to Tenant and thereafter as Landlord may at any time and from time-to-time inspect and/or copy any and all reasonably request, certificates issued by the insurance policies required to be carried by Tenant pursuant to this Article 9company which is providing coverage, evidencing compliance with the above insurance requirements. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Office Lease (Smart & Final Inc/De)

Tenant’s Insurance. Tenant shall obtain and maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effecteffect throughout the Lease Term, at all times during the TermTenant’s expense, the followingfollowing insurance: (1A) Commercial general liability (CGL) and, if necessary, commercial umbrella insurance, with liability limits of not less than $5,000,000 combined single limit coverage. If such CGL insurance insuring Tenant against liability for bodily injurycontains a general aggregate limit, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about it shall apply separately to the Premises. Such CGL insurance shall be provided pursuant to a stand-alone policy or as part of a commercial aviation liability policy and shall cover liability on an occurrence basis arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury and liability assumed under an insured contract. (B) Automobile Liability insurance with a combined single limit of liability limits of not less than $5,000,000 combined single limit per accident (without annual aggregate) for bodily injury and property damage. Defense costs shall apply in addition to the amount limit of Tenant's Required Liability Coverageliability. The policy or policies Coverage shall be endorsed include contractual liability and shall apply to name Landlord owned, leased, hired and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall notnon-owned autos, however, limit both on and off the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlyPremises. (2C) Fire Statutory workers’ compensation coverage as required by the State of Ohio and casualty insurance employer’s liability with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit limits of not less than $1,000,000 each accident for bodily injury and property damageby accident, $1,000,000 bodily injury by disease, and insuring against all $1,000,000 bodily injury by disease, each employee. (D) Commercial property insurance covering the Fixtures. Such insurance shall cover the perils covered under the ISO special causes of loss form (CP 10 30) and shall cover the replacement cost of the property insured. (E) Commercial property insurance covering the Premises, including the Project. Such insurance shall cover the perils covered under the ISO special causes of loss form (CP 10 30) and shall cover the replacement cost of the Project. Tenant shall cause Landlord to be identified, by endorsement, as an additional insured in connection with any and all insurance policies (other than the ownershipcommercial property insurance policy, maintenance workers’ compensation policies and operation of automotive equipment that is ownedemployer’s liability policies) provided for under this Lease Agreement and, hired upon Landlord’s request, shall deliver or non-owned; B. Each policy of liability insurance required cause to be carried by Tenant pursuant delivered to this Article 9 or actually carried by Tenant Landlord evidence of said insurance coverages in the form of appropriate certificates of insurance and endorsements to the underlying policies. If, and only if, the provisions of Exhibit E are not in effect, Landlord shall be named as a loss payee with respect to the Premises or the Project any insurance policy described in clause (i) shall be in a form satisfactory to LandlordE), (ii) shall be provided by carriers licensed to do business in the state above. Such policies and certificates of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against provide that Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to will be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, notified in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than writing at least 30 days prior to the expiration cancellation, material change or cancellation non-renewal of any such insurance policy. Notwithstanding any provision of this Section 12.01 to the contrary, during any period that the provisions of Exhibit E remain in effect: (i) any insurance policy described in clause (E), above, shall (x) in all events provide coverage of type and amounts required by Sections 5.4 and 5.5 of the policy being renewed Loan Agreement, and (y) name the Director as the loss payee, and (z) contain a clause requiring all Net Proceeds resulting from any claim for loss or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required damage, if the Net Proceeds of such claim are in excess of $100,000, to be carried by Tenant pursuant paid to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of Trustee for deposit in the indemnification provisions set forth Collateral Proceeds Account to be paid and applied as provided in Section 8.2 7.2 of this Lease providedExhibit E, however(ii) any insurance policy described in clause (A), nothing contained in this Article 9 (B), (D) or (E), above, shall be construed with a generally recognized, responsible insurance company unless otherwise agreed to limit by Landlord and the liability of Tenant under Director, and (iii) the indemnification provisions set forth Director and the Trustee shall have the same rights as Landlord as described in said Section 8.2the two preceding sentences.

Appears in 1 contract

Samples: Lease Agreement (Air Transport Services Group, Inc.)

Tenant’s Insurance. Tenant shall shall, at its own expense and cost, maintain the following policies of insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effect, at all times effect during the Lease Term, the following: (1a) Commercial All risk" insurance, including but not limited to, loss or damage occasioned by fire, the perils included in the so-called extended coverage endorsement, vandalism and malicious mischief, sprinkler leakage, collapse, explosion, earthquake, flood and water damage and containing Replacement Cost, Lease Amount and Demolition and Increased Cost due to Ordinance endorsements covering the Leased Premises and all replacements and additions thereto, and all fixtures and equipment. The foregoing coverage shall be provided in amounts sufficient to provide one hundred percent (100%) of the full replacement cost of the Leased Premises, and shall be determined from time to time, but not more frequently than once in any twenty-four (24) calendar months, at Tenant's expense, at the request of Landlord, by any appraiser selected by Tenant and approved by Landlord and the insurance carrier, which approval by Landlord shall not be unreasonably withheld, conditioned or delayed. LOT B (b) comprehensive general liability insurance insuring Tenant against liability for bodily injury, death, property damage applying to the use and personal injury occurring at occupancy of the Leased Premises, or resulting from Tenant's use or occupancy of any part thereof, and the business operated by Tenant on the Leased Premises, Buildingwith coverages including, Common Areas or Project resulting from Tenant's activities in or about the Premisesbut not limited to, premises operations, explosion, collapse, sprinkler leakage, and products and completed operations, blanket contractual, Broad Form property damage, and independent contractors. Such insurance shall be on an occurrence basis with include Broad Form Contractual liability insurance coverage insuring all of Tenant's indemnity obligations under this Lease. The general liability coverage shall have a minimum combined single limit of liability of not less than at least One Million Dollars ($1,000,000.00) and a general aggregate limit of One Million Dollars ($1,000,000.00). Tenant shall carry an umbrella policy in the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlyat least twenty-five million dollars ($25,000,000). (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3c) Workers' compensation insurance in accordance with applicable Law and any other employee benefit insurance sufficient to comply with all Laws;employers' liability insurance. (4d) With Boiler and Machinery Broad Form policy covering explosion insurance in respect to making of alterations or steam and pressure boilers and similar apparatus, if any, located on the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance Leased Premises in an amount approved by Landlord covering equal to one hundred percent (100%) of the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in full replacement cost of the aggregate;Leased Premises. (5e) Business Income Such other insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Leased Premises as Landlord or any Lender, from time to time may reasonably request against such insurable hazards or risks which at the Project (i) shall be time in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business question are commonly insured against in the state case of Californiaproperty similar to, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior whose use is similar to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement of any such insuranceuse of, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9Leased Premises. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease Agreement (Corporate Office Properties Trust Inc)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procureshall, pay for at Tenant's expense, obtain and keep in full force and effect, at all times during the TermTerm of this Lease, the following: (1) Commercial a commercial general liability insurance policy insuring Tenant against liability for the risks of, bodily injury and property damage, personal injury, deathcontractual liability, property damage completed operations, owned and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy non-owned automobile liability arising out of the Premisesownership, Buildinguse, Common Areas occupancy or Project resulting from Tenant's activities in or about maintenance of the PremisesPremises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis with a combined single limit of liability of policy in an amount not less than the amount of Tenant's Required Liability CoverageTwo 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 named as additional insured(s). The policy or policies 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 endorsed primary, not contributing with, and not in excess of coverage 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 name Landlord and such others as are designated by Landlord as the other insured or additional insureds. Such Coverage afforded be on an occurrence form providing coverage for claims made after the Term of this Lease 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 insurance required by this Lease as carried by Tenant shall not, however, not limit the any liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Not more frequently than every year, if, in the Tenant shall be primary to any similar insurance carried by reasonable opinion of Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by hereunder is not adequate, Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlordshall, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide within thirty (30) days written notice of cancellation to following Landlord's notice, increase said insurance coverage as required by Landlord. Property insurance shall contain The limits specified above may be satisfied with a waiver and/or a permission to waive by the insurer any right combination of subrogation against Landlord primary and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord PartiesUmbrella/Excess Insurance. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Office Lease (Witness Systems Inc)

Tenant’s Insurance. (a) Tenant shall, at its expense, maintain in full force and effect at all times such insurance as would be maintained by a prudent tenant of premises such as the Premises, which insurance shall maintain insurance complying with include at least all of the following: A. Tenant shall procure, pay for and keep in full force and effect, at all times during the Term, the following: : (1i) Commercial comprehensive general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit respect to any use and occupancy of liability or things on all or any part of the Premises or Project by Tenant, with coverage for any occurrence of not less than Five Million Dollars ($5,000,000) or such higher amount as Landlord may reasonably require on not less than one (1) month's notice; (ii) all risks insurance covering the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stockleasehold improvements, trade fixtures and alterations within contents on the Premises Premises, for not less than the full replacement cost thereof and with coverage a replacement cost endorsement; (iii) broad form comprehensive boiler and machinery insurance on all insurable objects which are the property or responsibility of Tenant, for not less than the full replacement cost thereof and with a replacement cost endorsement; (iv) business interruption insurance in such amounts as required by Landlord; (v) Tenant's legal liability insurance for the full actual replacement cost thereof;of the Premises; and (vi) any other insurance against such risks and in such amounts as Landlord may from time to time reasonably require. (3b) Workers' compensation Each of Tenant's insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in policies shall name Landlord as an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liabilityadditional named insured, and Products shall be taken out with insurers and Completed Operations Coverage shall be in such form and on such terms as are satisfactory to Landlord from time to time. Without limiting the generality of the foregoing, each of Tenant's insurance policies shall contain: (i) the standard mortgage clause as may be required by any mortgagee of Landlord; (ii) a waiver by the insurer of any rights of subrogation to which such insurer might otherwise be entitled against Landlord or any person for whom Landlord is in law responsible; (iii) an amount undertaking by the insurer that no material change adverse to Tenant or Landlord or any mortgagee of Landlord will be made and the policy will not lapse or be terminated, except after not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days days' written notice to Tenant and Landlord and to any mortgagee of cancellation Landlord; (iv) a provision stating that Tenant's insurance policy shall be primary and shall not call into contribution any other insurance available to Landlord. Property insurance shall contain ; (v) a waiver and/or joint loss endorsement, where applicable; (vi) a permission to waive by severability of interests clause and a cross-liability clause; and (vii) a waiver, in respect of the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission interests of Landlord and the Landlord Parties. C. Prior to the time Tenant or any mortgagee of its contractors enters the PremisesLandlord, Tenant shall deliver to the Landlord of any provision with respect to each policy any breach of any warranties, representations, declarations or conditions contained in the said policy. (c) Tenant shall ensure that Landlord has at all times certified copies of Tenant's insurance policies which are in good standing and in compliance with Tenant's obligations hereunder. (d) Tenant hereby releases Landlord and its servants, agents, employees, contractors and those for whom Landlord is in law responsible from all losses, damages and claims of any kind in respect of which Tenant is required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability maintain insurance policies, and including the wording under primary insurance above. With respect to each renewal hereunder or replacement of any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9is otherwise insured. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease Agreement (Transformation Processing Inc)

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 TermTerm (a) “all risk” property insurance covering all present and future Tenant’s Property, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage Fixtures and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with ’s Improvements and Betterments to a combined single limit of liability of not less than the amount of 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's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord , as additional insureds. The , with limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and such amount as is necessary, in Landlord’s reasonable determination, to replace any such boiler, supplementary air conditioner or pressure object or similar equipment, (6e) Comprehensive automobile commercial general liability insurance 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 a policy limit 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 each accident for bodily injury per occurrence and property damage$2,000,000 in the aggregate, (f) Worker’s Compensation insurance meeting all state requirements and insuring against all loss in connection with the ownershipEmployers Liability, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of (g) Auto liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project 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 be not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least one (1) day prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in a form reasonably satisfactory to LandlordLandlord issued by the insurance 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 and any additional insureds (i) such renewal policy or a certificate thereof promptly after Tenant’s receipt thereof, and (ii) 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 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 provided issued by carriers companies of recognized responsibility licensed to do business in the state New York State and rated by Best’s Insurance Reports or any successor publication of California, with a Best's Insurance Guide rating of "ANI" comparable standing as A-/VIII or better and/or acceptable or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be cancelled, allowed to lapse or modified unless Landlord and (iii) shall be endorsed to provide any additional insureds are given at least thirty (30) days days’ prior written notice of cancellation to Landlordsuch cancellation, lapse or modification. Property insurance All policies shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord be primary and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord 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 policy 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 instruments which may be required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement of recover any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replacedinsurance monies. Landlord may at any from time and from time-to-to time inspect and/or copy any and all require that the amount of the insurance policies required to be carried maintained by Tenant pursuant under this Section 7.02 be increased to this Article 9the prevailing level customarily carried with respect to similar properties in New York City. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease (Intercept Pharmaceuticals Inc)

Tenant’s Insurance. Tenant shall agrees to maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effect, ------------------ effect at all times during the Term, at its own expense, for the followingprotection 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: (1i) Commercial general liability insurance insuring protecting Landlord and Tenant against liability claims for bodily injury, death, personal injury and property damage and personal injury occurring at the Premises, based upon or resulting from Tenant's use or occupancy arising out of the Premisesuse, Building, Common Areas occupancy or Project resulting from Tenant's activities in or about maintenance of the Premises. Such insurance shall be on an occurrence basis with a combined providing single limit of liability of 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 amount "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 "insured contract" for the performance of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by indemnity obligations under this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunderLease. All insurance to be carried by the Tenant shall be primary to and not contributing with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2ii) Fire and casualty insurance with "all All-risk" coverage insuring Tenant against loss from physical damage to or causes of loss-special form property insurance (including, without limitation, vandalism, malicious mischief, inflation endorsement, and sprinkler leakage endorsement) on Tenant's personal property, inventory, stock, trade fixtures and alterations within Personal Property located on or in the Premises with coverage for and any Alterations to the Premises constructed by Tenant at Tenant's expense. Such insurance shall be in the full actual amount of the replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient cost, as the same may from time to comply with all Laws; (4) With respect to making time increase as a result of alterations inflation or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by otherwise. Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 shall have no interest in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts proceeds on Tenant's Personal Property, any Alterations to the Premises constructed at Tenant's expense, or any additional insurance that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required may elect to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant maintain with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord PartiesTenant Improvements. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease (Artisan Components Inc)

Tenant’s Insurance. Tenant shall maintain insurance complying with all the following coverages in the following amounts. 10.3.1 From and after the earlier of (i) the date Tenant is provided early access to the Premises pursuant to Section 6.1 of the following: A. Tenant shall procuretenant Work Letter, pay for and keep in full force and effect(ii) the Lease Commencement Date, at all times during Commercial General Liability Insurance on an occurrence form covering the Term, the following: (1) Commercial general liability insurance insuring Tenant insured against liability for claims of bodily injury, death, personal injury and property damage (including loss of use thereof) arising out of Tenant’s operations, and personal injury occurring contractual liabilities including a contractual coverage, and including products and completed operations coverage, for limits of liability on a per location basis of not less than: Bodily Injury and $2,000,000 each occurrence Property Damage Liability $2,000,000 annual aggregate Personal Injury Liability $2,000,000 each occurrence $2,000,000 annual aggregate 10.3.2 From and after the Lease Commencement Date, Property Insurance covering (i) all office furniture, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s property on the Premises installed by, for, or at the Premisesexpense of Tenant, or resulting from Tenant's use or occupancy of (ii) the Premises“Tenant Improvements,” as that term is defined in the Tenant Work Letter, Buildingand (iii) all other improvements, Common Areas or Project resulting from Tenant's activities in or about alterations and additions to the Premises. Such insurance shall be written on an occurrence basis with a combined single “all risks” of physical loss or damage basis, for the full replacement cost value (subject to reasonable deductible amounts) new without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for damage or other loss caused by fire or other peril including, but not limited to, vandalism and malicious mischief, theft, sprinkler leakage, bursting or stoppage of pipes, and explosion. As used in this Lease, the “Base Building” shall include the structural portions of the Building, and the elevators, exit stairwells and the systems and equipment located in the internal core of the Building. 10.3.3 From and after the Lease Commencement Date, Business Income Interruption for one (1) year plus Extra Expense insurance in such amounts as will reimburse Tenant for actual direct or indirect loss of earnings attributable to the risks outlined in Section 10.3.2 above, up to the Tenant’s blanket coverage limit for business interruption insurance of liability $8,395,000. 10.3.4 From and after the earlier of not less than (i) the amount date Tenant is provided early access to the Premises pursuant to Section 6.1 of Tenant's Required the tenant Work Letter, and (ii) the Lease Commencement Date, Worker’s Compensation and Employer’s Liability Coverageor other similar insurance pursuant to all applicable state and local statutes and regulations. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits include a waiver of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability subrogation in favor of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal propertyits employees, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance Lenders and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations property manager or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Partiespartners. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease (Sorrento Therapeutics, Inc.)

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 Term, the following: (1) Commercial general liability insurance General Liability Insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's ’s use or occupancy of the Premises, Project, Building, Property, or Common Areas or Project resulting from Tenant's ’s activities in or about the 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 ’s Required Liability CoverageCoverage (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 insuredsinsureds in the form equivalent to CG 20 11 11 85 or its equivalent as reasonably determined by Landlord, and shall contain the following additional endorsement: “The insurance afforded to the additional insureds is primary insurance. The limits If the additional insureds have other insurance which is applicable to the loss on a contributing, excess or contingent basis, the amount of said this insurance required company’s liability under this policy shall not be reduced by this Lease as carried by Tenant shall not, however, limit the liability existence of Tenant nor relieve Tenant of any obligation hereundersuch other insurance. All Any insurance to be carried by the Tenant additional insureds shall be primary excess and non contributing with the insurance provided by the Tenant.” The policy shall not be canceled or reduced without at least thirty (30) days written notice to any similar insurance carried by Landlordadditional insureds. If the policy insures more than one location, whose insurance it shall be considered excess insurance onlyendorsed 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 casualty insurance with "all risk" Property Damage Insurance in so-called Special Form plus flood coverage insuring Tenant against loss from physical damage to Tenant's ’s personal property, including but not limited to any tenant improvements that Tenant has an interest in inventory, stock, trade fixtures and alterations within improvements within, at or around the Premises with coverage for the full actual replacement cost thereof; (3) Plate-glass insurance, at actual replacement cost; (4) Boiler and Machinery Insurance, if applicable; (5) 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 Premises for not less than the Tenant’s Required Liability Coverage as set forth in Article 1; (6) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all LawsLaws which policy shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord; (47) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance contingent liability and builder’s risk insurance, in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregatewith coverage satisfactory to Landlord; (5) 8) Business Income insurance and extra expense 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 plus the perils of flood; and (9) Comprehensive Auto Liability Insurance with a combined single limit coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and the amount of Tenant’s Required Liability Coverage (6as set forth in Article 1) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and and/or property damage, and insuring against all loss in connection with the ownership, maintenance and operation damage liability for; a) Owned autos b) Hired or borrowed autos c) Non-owned autos d) Auto blanket. The policy shall be endorsed to provide thirty (30) days written notice of automotive equipment that is owned, hired or non-owned;cancellation to Landlord. B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises Premises, Project, Building, Property, or the Project Common Areas, (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed admitted to do business in the state of California, Colorado with a Best's Insurance Guide Best rating of "ANI" “A/VI” or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord Landlord, its principal, employees, agents and the Landlord Parties contractors which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord PartiesLandlord, its principals, employees, agents or contractors. Each policy of liability insurance required to be carried by Tenant pursuant to this Paragraph shall have no deductible in excess of $5,000.00. C. Prior to the time Tenant or any of its contractors enters enter the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9Article, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policiesinsured, and including the wording under for primary insurance above. With respect to each renewal or replacement of any such insurance, the requirements of this Article must be complied with not less than 30 thirty (30) days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article. If Landlord’s lender, insurance broker or advisor or counsel reasonably determines at any time that the form or amount of coverage set forth in Article 99.1.(A) for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, then Tenant shall increase the amount of coverage for such insurance to such greater amount or change the form as Landlord’s lender, insurance broker or advisor or counsel reasonably deems adequate (provided however such increase level of coverage may not exceed the level of coverage for such insurance commonly carried by comparable businesses similarly situated and operating under similar circumstances). D. The commercial general liability insurance Commercial General Liability Insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section Article 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section Article 8.2.

Appears in 1 contract

Samples: Industrial Space Lease (SOS Hydration Inc.)

Tenant’s Insurance. Throughout the Term of this Lease, Tenant shall maintain insurance complying with all ISO Special Form property insurance, including building and machinery comprehensive form, in an amount equal to 100% of the following: A. 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 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 shall procurehereby 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, pay for and keep in full force and effectTenant shall, at all times during the TermTenant’s expense, the following: (1) Commercial maintain commercial general liability insurance insuring Tenant against liability claims for bodily personal injury, death, death or property damage and personal injury occurring at the Premisesin, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in upon or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 3,000,000 per incidentoccurrence and $3,000,000 annual aggregate (with a separate general aggregate limit for the Premises), $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy combined single limit of or equivalent in an amount not less than $1,000,000 each accident for bodily injury and property damage2,000,000, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy workers’ compensation insurance as required by law. Tenant’s policies of liability insurance shall name Landlord as an additional insured, shall provide coverage for blanket contractual liability, premises, products/completed operations, and personal and advertising injury coverage. Tenant’s policies of insurance shall be primary and not contributory as to other insurance purchased by or available to Landlord, and shall have retentions or deductibles reasonably acceptable to Landlord. A certificate of the insurance required to be carried by Tenant pursuant to under this Article 9 or actually carried by Tenant with respect 13 shall be delivered to Landlord prior to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord Commencement Date and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than thereafter at least 30 days prior to the expiration or cancellation of the then current policies. Upon the written request of Landlord, copies of such policies shall also be delivered to Landlord. Each policy being renewed shall contain an endorsement prohibiting cancellation or replacednon-renewal without at least 30 days prior notice to Landlord. 14. FIRE AND CASUALTY Except as hereafter provided, if the Premises are wholly or partially destroyed or damaged by fire or other casualty, Landlord may at any 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 9. D. The commercial general liability insurance carried by Tenant shall specifically insure restore the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease Premises with reasonable diligence; provided, however, nothing contained that Landlord shall have no obligation to restore improvements not originally provided by Landlord or to replace any of Tenant’s fixtures, furnishings, equipment, or personal property and Tenant shall be responsible for refixturing the Premises and reinstalling its equipment. Landlord need not commence repairs until a substantial portion of the insurance proceeds are available and shall not be required to expend more than the actual insurance proceeds received. Proceeds of insurance payable with respect to a fire or other casualty shall be received and held by Landlord. In the event the Premises are destroyed or damaged by any fire or casualty not covered by the insurance maintained by Landlord or to the extent of not less than 25% of the replacement cost thereof, or if the fire or casualty occurs within the last year of the Term of the Lease, then Landlord or Tenant shall have the option to terminate this Lease by giving notice to the other party within 60 days after the occurrence of such damage or destruction, in which case Landlord shall retain all insurance proceeds with respect to the Premises as its own property. If Landlord does not terminate this Lease as provided above, this Lease shall continue in full force and effect, but Base Rent shall be equitably abated until the restoration is substantially complete. The provisions of this Lease shall govern when this Lease is terminable as a result of a fire or casualty and no other rule or statute on the subject applies. In the event that the Lease is terminated, Tenant is entitled to reimbursement for any prepaid rent. Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises, Building or Project requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice to Tenant within 15 days after such requirement is made by any such holder, whereupon the Lease shall end on the date of such notice as if the date of such notice were the date originally fixed in this Lease for the expiration of the Term. 15. CONDEMNATION If any portion of the Premises is appropriated or taken under the power of eminent domain which Tenant determines in its reasonable judgment renders the Premises unusable by Tenant, either Landlord or Tenant shall have the right to terminate this Lease, as of the date Tenant is required to vacate the appropriated or condemned part of the Premises, by giving notice in writing of such election within 30 days after receipt by Tenant from Landlord of written notice that Tenant’s Premises have been or will be so appropriated or taken. Notwithstanding the foregoing, Landlord may only exercise its option to terminate this Lease under this Article 9 15 if Landlord terminates the leases of all other similarly situated tenants occupying premises in the Building which are also subject to the taking. If neither Landlord nor Tenant elects to terminate this Lease, or if no portion of the Premises is appropriated or taken under the power of eminent domain by any public or quasi-public authority exercising such power as to the Building, then Landlord shall restore the Premises to the extent practicable to their condition prior to the taking, and thereafter the Base Rent shall be construed reduced on an equitable basis, taking into account the relative value of the portion of the Premises taken as compared to limit the liability portion remaining. All awards or compensation for any taking of any part of the Premises, whether payable to Landlord or Tenant, shall be the sole property of Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall be entitled to receive the portion of an award of compensation relating to damage to or loss of trade fixtures or other personal property belonging to Tenant. Landlord shall be under no obligation to restore or replace Tenant’s furnishings, trade fixtures, equipment and personal property. In the event that the Lease is terminated, Tenant is entitled to reimbursement for any prepaid rent. For the purposes of this Article 15, a voluntary sale or conveyance in lieu of condemnation shall be deemed an appropriation or a taking under the indemnification provisions set forth in said Section 8.2power of eminent domain.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Tenant’s Insurance. Tenant shall carry insurance during the entire Term hereof insuring Tenant, and insuring Landlord, Landlord's constituent members and agents, all Mortgagees and Ground Lessors and their respective agents, partners and employees, with terms, coverages and in companies satisfactory to Landlord, and with such changes in insured parties and increase in limits as Landlord may from time to time request, but initially Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep following coverages in full force and effect, at all times during the Term, the followingfollowing amounts: (1i) Commercial general Public liability insurance with the broad form commercial liability endorsement, including contractual liability insurance covering Tenant's indemnity obligations hereunder, insuring Tenant against liability claims for death, bodily injury, death, personal injury and property damage and personal injury occurring at the Premisesupon, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 1,000,000.00 per incident, $1,000,000 in the aggregate; (5) Business Income insurance occurrence and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for having a period of not less than one year; and (6) Comprehensive automobile liability insurance with general aggregate amount on a policy limit per location basis of not less than $1,000,000 each accident 2,000,000.00, together with an "umbrella" policy having an aggregate amount of not less than $5,000,000.00. Landlord shall be named as an additional insured on such policy. (ii) All risk" physical damage insurance including fire, sprinkler leakage, vandalism and extended coverage for bodily injury and property damagethe full replacement cost of all Landlord's Work, Tenant's Alterations, and insuring against all loss in connection with the ownershipother additions, maintenance improvements and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect alterations to the Premises or (providing that Landlord is an additional named insured as its interest may appear) and of all office furniture, trade fixtures, office equipment, merchandise and all other items of Tenant's property on the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and Premises. (iii) shall be endorsed to provide thirty (30) days written notice Workers' Compensation and Employers' Liability insurance in an amount of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 $1,000,000.00, both in accordance with the laws of the State of Illinois. (iv) Such other insurance or coverage as Landlord reasonably requests. Tenant shall, prior to the commencement of the Term and from time to time during the Term (and, in any event, not less than ten days prior to the expiration of any such policy), furnish to Landlord certificates of insurance (with proof of payment) and, if requested by Landlord, copies of all policies, evidencing the foregoing insurance coverage. Except for the insurance coverage described in Section 22(a)(iii) above, Tenant's policies shall state that such insurance coverage may not be amended, cancelled or cancellation not renewed without at least thirty (30) days' prior written notice to Tenant (except for non-payment of premiums, for which ten days' notice shall be sufficient), and shall further provide that the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy shall not be invalidated should the insured party have waived in writing prior to a loss, any and all rights of the insured party against any other party for losses covered by such policy. Tenant shall provide copies to Landlord of any and all written notices from its insurer or insurance company agent of any amendment, cancellation or non-renewal, promptly after Tenant's receipt thereof. Notwithstanding anything to the contrary contained in this Section 22(a), Tenant's obligations to carry the insurance provided for herein may, to the extent permitted by law, be brought within the coverage of a so-called blanket policy or policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability of insurance carried and maintained by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease Tenant; provided, however, nothing contained in that the coverage afforded Landlord will not be reduced or diminished or otherwise be different from that which would exist under a separate policy meeting all other requirements of this Article 9 lease by reason of the use of such blanket policy of insurance, and provided further that the requirements of this Section 22 are otherwise satisfied. The amount of the total insurance allocated to the Premises, which amount shall be construed not less than the amounts required pursuant to limit this Section 22(a), shall be specified either (i) in each such "blanket" policy or (ii) in a written statement, which Tenant shall deliver to Landlord from the liability of Tenant under the indemnification provisions set forth in said Section 8.2insurer thereunder.

Appears in 1 contract

Samples: Office Lease (Imanage Inc)

Tenant’s Insurance. Tenant shall will maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep in full force and effecteffect during the entire term of the Lease, at all times during its own expense with insurance companies authorized to do business in New Jersey and rated no lower than A10 in the Termmost current edition of A.M. Best's Property/Casualty Key Rating Guide, the followingfollowing policy or policies of insurance: (1i) Commercial general public liability insurance insurance, including property damage, insuring Tenant Landlord as an additional designated insured (and any mortgagee or other persons whom Landlord may designate called "Additional Designated Insured") from and against all claims, demands, actions or liability for bodily injuryinjury to or death of any persons, death, and for damage to property damage and personal injury occurring at arising from or related to the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas Premises or Project resulting from the operation of Tenant's activities business. Coverage for "Additional Insured" shall apply on a primary basis irrespective of any other insurance, whether collectible or not. No deductible in or about excess of TEN THOUSAND AND NO/100 Dollars ($10,000.00) will be carried under this coverage without the Premisesprior written consent of Landlord. Such insurance shall This policy must contain but not be on an occurrence basis with a combined single limit of limited to coverage for Premises and operations, blanket contractual, personal injury, operations, ownership, maintenance, property damage and broad form liability of extensions. The policy must have limits in amounts not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord FIVE MILLION and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. NO/100 Dollars (2$5,000,000.00) Fire per occurrence and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures FIVE MILLION and alterations within the Premises with coverage for the full actual replacement cost thereof; NO/100 Dollars (3$5,000,000.00) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income . This insurance and extra expense will include a contractual coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and endorsement specifically insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing its indemnity agreement contained in this Article 9 Lease. Such insurance may be in the form of basic and umbrella coverage. If Landlord's insurance adviser reasonably concludes that these amounts of coverage or coverage's are no longer adequate, then such amount of coverage will be proportionately increased or obtained as the case may be. (ii) Workmen's Compensation and Employer's Liability insurance with limits of no less than the amount to be required by law in the State of New Jersey. (iii) Fire insurance with extended coverage or all other perils covered by a standard "all-risk" policy, including, without limitation, vandalism and malicious mischief, to the extent of the replacement value of all furnishings, trade fixtures, leasehold improvements, equipment, merchandise and other personal property from time to time situated in, on and upon the Premises. Landlord shall be construed named as an additional insured on said policies or will provide a waiver of subrogation as to limit Landlord. (iv) If a sprinkler shall be located in any part of the liability of Tenant under Demised Premises, sprinkler leakage insurance in amounts necessary to adequately insure the indemnification provisions set forth in said Section 8.2damage that might result due to a sprinkler leakage. (v) Boiler and machinery insurance including comprehensive coverage from pressure vessels with such limits as from time to time may be reasonably required by Landlord, but not

Appears in 1 contract

Samples: Lease Agreement (Movado Group Inc)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. (a) Tenant shall procure, pay for and keep in full force and effect, at all times during the Lease Term, the following: (1i) Commercial general liability insurance insuring Tenant against liability for personal injury, bodily injury, death, death and damage to property damage and personal injury occurring at within the Leased Premises, or resulting from Tenant's ’s use or occupancy of the Leased Premises, the Building, the Common Areas Areas, the Property, or Project the Project, or resulting from Tenant's ’s activities in or about the Leased Premises. Such , the Property, or the Project, with coverage in an amount equal to Tenant’s Required Liability Coverage (as set forth in Article 1), which insurance shall be on an occurrence basis with a combined single limit of liability of not less than the amount contain “blanket contractual liability” and “broad form property damage” endorsements insuring Tenant’s performance of Tenant's Required Liability Coverage. The policy or policies shall be endorsed ’s obligations to name Landlord and such others as are designated by indemnify Landlord as additional insureds. The limits of said insurance required by contained in this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlyLease. (2ii) Fire and casualty property damage insurance with "all risk" in “special form” coverage insuring Tenant against loss from physical damage to Tenant's ’s personal property, inventory, stock, trade fixtures and alterations improvements within the Leased Premises with coverage for the full actual replacement cost thereof; (3iii) Business income/extra expense insurance sufficient to pay Base Monthly Rent and Additional Rent for a period of not less than twelve (12) months; (iv) Plate glass insurance, at actual replacement cost; (v) [Reserved] (vi) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of the distribution, sale, use or consumption of food and/or beverages (including alcoholic beverages, if applicable) at the Leased Premises for not less than Tenant’s Required Liability Coverage (as set forth in Article 1); (vii) Workers' compensation insurance and any other employee benefit (statutory coverage) with employer’s liability in amounts not less than $1,000,000 insurance sufficient to comply with all Laws;laws; and (4viii) With respect to making of any alterations or modifications or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance course of construction, commercial general liability, automobile liability and workers’ compensation (to be carried by Tenant’s contractor), in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate;with coverage reasonably satisfactory to Landlord. (5b) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 paragraph or actually carried by Tenant with respect to the Premises Leased Premises, the Property, or the Project Project: (i) shall, except with respect to insurance required by subparagraphs (a)(ii) and (a)(viii) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall, with respect to insurance required by subparagraph (a)(ii) above, name Landlord, and such others as are designated by Landlord, as loss payees; (iii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iv) shall be in a form satisfactory to Landlord, ; (iiv) shall be provided by carriers licensed to do business in the state of California, carried with a Best's Insurance Guide rating of "ANI" or better and/or companies reasonably acceptable to Landlord with Best’s ratings of at least A and XI; (iiivi) shall provide that such policy shall not be endorsed subject to provide cancellation, lapse or change except after at least thirty (30) days prior written notice of cancellation to Landlord, and (vii) shall contain a so-called “severability” or “cross liability” endorsement. Property Each policy of property insurance maintained by Tenant with respect to the Leased Premises, the Property, or the Project or any property therein (i) 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 and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord Landlord, its partners, principals, members, managers, officers, employees, agents and the Landlord Parties contractors, which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord Landlord, its partners, principals, members, managers, officers, employees, agents and the Landlord Partiescontractors. C. (c) Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to the Landlord Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9Article, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying, certifying in a form satisfactory to the Landlord, Landlord that the a policy has been issued and issued, premium paid paid, providing the coverage required by this Article 9 Paragraph and containing the provisions specified herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement of any such insurance, the requirements of this Article Paragraph must be complied with not less than 30 thirty (30) days prior to the expiration or cancellation of the policy policies being renewed or replaced. Landlord may may, at any time and from time to time-to-time , inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability Article. If Landlord’s Lender, insurance carried by Tenant shall specifically insure broker, advisor or counsel reasonably determines at any time that the performance by Tenant amount of the indemnification provisions coverage set forth in Section 8.2 Paragraph 9.1(a) for any policy of this Lease provided, however, nothing contained in insurance Tenant is required to carry pursuant to this Article 9 is not adequate, then Tenant shall be construed increase the amount of coverage for such insurance to limit such greater amount as Landlord’s Lender, insurance broker, advisor or counsel reasonably deems adequate. In the liability event Tenant does not maintain said insurance, Landlord may, in its sole discretion and without waiving any other remedies hereunder, procure said insurance and Tenant shall pay to Landlord as additional rent the cost of Tenant under the indemnification provisions set forth in said Section 8.2insurance plus a ten percent (10%) administrative fee.

Appears in 1 contract

Samples: Lease (Threshold Pharmaceuticals Inc)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. (a) Tenant shall procure, pay for and keep in full force and effect, at all times during the Lease Term, the following: (1i) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, death and damage to property damage and personal injury occurring at within the Leased Premises, or resulting from Tenant's ’s use or occupancy of the Leased Premises, BuildingBuilding 4, the Common Areas or Project the Property, or resulting from Tenant's ’s activities in or about the Premises. Such Leased Premises or the Property, with coverage in an amount equal to Tenant’s Required Liability Coverage (as set forth in Article 1), which insurance shall be on an occurrence basis with a combined single limit of liability of not less than the amount contain “blanket contractual liability” and “broad form property damage” endorsements insuring Tenant’s performance of Tenant's Required Liability Coverage. The policy or policies shall be endorsed ’s obligations to name Landlord and such others as are designated by indemnify Landlord as additional insureds. The limits of said insurance required by contained in this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlyLease. (2ii) Fire and casualty property damage insurance with "all risk" in “special form” coverage insuring Tenant against loss from physical damage to Tenant's ’s personal property, inventory, stock, trade fixtures and alterations improvements within the Leased Premises with coverage for the full actual replacement cost thereof; (3iii) Business income insurance sufficient to pay Base Monthly Rent and Additional Rent for a period of not less than twelve (12) months; (iv) Plate glass insurance, at actual replacement cost; (v) [Reserved] (vi) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of the distribution, sale, use or consumption of food and/or beverages Building 4 (including alcoholic beverages, if applicable) at the Leased Premises for not less than Tenant’s Required Liability Coverage (as set forth in Article 1); (vii) Workers' compensation insurance and any other employee benefit (statutory coverage) with employer’s liability in amounts not less than $1,000,000 insurance sufficient to comply with all Laws;laws; and (4viii) With respect to making of any alterations or modifications or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance course of construction, commercial general liability, automobile liability and workers’ compensation (to be carried by Tenant’s contractor), in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate;with coverage reasonably satisfactory to Landlord. (5b) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 paragraph or each policy of liability insurance actually carried by Tenant with respect to the Leased Premises or the Project Property: (i) shall be in a form satisfactory shall, except with respect to insurance required by subparagraphs (a)(ii) and (a)(viii) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall be provided by carriers licensed to do business in the state of Californiashall, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable respect to Landlord insurance required by subparagraph (a)(ii) above, name Landlord, and such others as are designated by Landlord, as loss payees; (iii) shall be endorsed primary and non-contributory with the insurance of Landlord, (iv) shall be carried with companies reasonably acceptable to Landlord with Best’s ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation except after at least thirty (30) days prior written notice to Tenant or subject to cancellation for non-payment of cancellation premium except after at least ten (10) days prior written notice to LandlordTenant, and (vi) shall contain a so-called “severability” or “cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property insurance or any property therein shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord Landlord, its partners, principals, members, managers, officers, employees, agents and the Landlord Parties contractors, which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, managers, officers, employees, agents and contractors. Tenant shall send Landlord and by next-day delivery, written notice of the Landlord Partiescancellation of any insurance policy maintained by Tenant within one (1) business day after receiving written notice of such cancellation. C. (c) Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to the Landlord Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9Article, a certificate of the insurer certifying, certifying in a form satisfactory to the Landlord, Landlord that the a policy has been issued and issued, premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance abovepaid. With respect to each renewal or replacement of any such insurance, the requirements of this Article Paragraph must be complied with not less than 30 ten (10) business days prior to the expiration or cancellation of the policy policies being renewed or replaced. Landlord may may, at any time and from time to time-to-time , inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability Article. If Landlord’s Lender, insurance carried by Tenant shall specifically insure broker, advisor or counsel reasonably determines at any time that the performance by Tenant amount of the indemnification provisions coverage set forth in Section 8.2 Paragraph 9.1(a) for any policy of this Lease provided, however, nothing contained in insurance Tenant is required to carry pursuant to this Article 9 is not adequate, then Tenant shall increase the amount of coverage for such insurance to such greater amount as Landlord’s Lender, insurance broker, advisor or counsel reasonably deems adequate, but in any event not to levels more than are required by prudent landlords of other, similar office properties in the Stanford Research Park area of Palo Alto, California. In the event Tenant does not maintain said insurance, Landlord may, in its sole discretion and without waiving any other remedies hereunder, procure said insurance and Tenant shall pay to Landlord as additional rent the cost of said insurance plus a ten percent (10%) administrative fee, but Landlord shall endeavor to provide Tenant up to five (5) business days’ advance written notice before procuring same so long as there will be construed to limit the liability of Tenant under the indemnification provisions set forth no lapse in said Section 8.2.coverage. Building 4

Appears in 1 contract

Samples: Sublease Agreement (Kodiak Sciences Inc.)

Tenant’s Insurance. Tenant shall maintain insurance complying with maintain, at its own cost and expense, in responsible companies (all of the following: A. Tenant shall procure, pay for and keep in full force and effect, at all times during the Term, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance which 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state State of CaliforniaFlorida) reasonably approved by Landlord, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to combined single limit public liability insurance, insuring Landlord and (iii) 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 be endorsed have the right to provide 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 cancellation 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, and shall provide that it will not be subject to cancellation, termination or change except after at least thirty (30) days' prior written notice to Landlord. Property Any insurance procured by Tenant as herein required shall contain a an express waiver and/or a permission to waive by the insurer of any right of subrogation by the insurance company against Landlord and its agents. The policies, together with satisfactory evidence of the payment of the premiums thereon, shall be deposited with Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and on the Landlord Parties. C. Prior to the time day Tenant or any of its contractors enters the Premisesbegins operations. Thereafter, Tenant shall deliver to the provide Landlord with respect to each policy evidence of insurance required to be carried by Tenant pursuant to this Article 9proof of payment upon renewal of such policy, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 thirty (30) days prior to the expiration or cancellation of the policy being renewed term of such coverage. In the event Tenant fails to timely obtain or replacedmaintain the insurance required hereunder, Landlord may (but is not required to) obtain same and any costs incurred by Landlord in connection therewith shall be payable by Tenant as Additional Rent upon demand. Landlord may at any 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 9. D. The commercial general shall carry public liability insurance carried by Tenant shall specifically insure covering the performance by Tenant common areas of the indemnification provisions set forth in Section 8.2 of this Lease providedBuilding, howeverincluding but not limited to the sidewalks, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2malls and parking lot.

Appears in 1 contract

Samples: Office Lease (Star Telecommunications Inc)

Tenant’s Insurance. (a) 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 Term, the following: Term (1i) Commercial general liability "all risk" property insurance insuring Tenant against liability for bodily injury, death, property damage covering all present and personal injury occurring at the Premises, or resulting from future Tenant's use or occupancy of the PremisesProperty, Building, Common Areas or Project resulting from Fixtures and Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with Improvements and Betterments to a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; , and (3ii) Workers' compensation insurance commercial general liability insurance, including a contractual liability endorsement, and any other employee benefit insurance sufficient personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builderas additional insureds for claims arising from Tenant's All Risk" insurance in an amount approved by Landlord covering the alterations alleged acts or improvements and Contractor's Protective Liabilityomissions, and Products and Completed Operations Coverage in an amount not less than with limits of $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy 10,000,000 combined single limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss damage liability in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord any one occurrence and (iii) boiler and machinery insurance, if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises, with limits of not less than the full replacement cost thereof, and (iv) when Alterations are in process, the insurance specified in Section 5.02(f) hereof. Subject to Section 8.03 hereof, the limits of such insurance shall be endorsed not limit the liability of Tenant. Tenant shall deliver to provide thirty Landlord and any other additional insureds, at least 10 days prior to the Commencement Date, valid certificates of insurance in form reasonably acceptable to Landlord issued by the insurance company or its authorized representative that evidence Tenant's compliance with this Lease to Landlord's reasonable satisfaction (30the "Certificates"). Tenant shall delivery to Landlord within five (5) days written notice of cancellation Landlord's request therefore copies of all of the Declaration pages of the insurance policies required under this Lease. Tenant shall procure and pay for renewals of such insurance (as evidenced by valid Certificates or copies of Declaration pages, as applicable) from time to Landlord. Property insurance shall contain a waiver and/or a permission to waive by time before the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior expiration thereof, and, subject to the time Tenant or any last sentence of its contractors enters the Premisesthis Section 8.02(a), Tenant shall deliver to Landlord and any other additional insureds a Certificate thereof at least 15 days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility 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, subject to the last sentence of this Section 8.02(a), all Certificates evidencing such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or materially modified unless Landlord and any additional insureds are given at least 10 days' prior written notice of such cancellation, lapse or modification. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 8.02 be increased, so that the amount thereof adequately protects Landlord's interest but such increase shall not be in excess of to that amount of insurance which in Landlord's reasonable judgment is then being customarily required by prudent landlords of non-institutional first class office buildings in New York City. Any insurance policy with respect to each policy of the insurance required to be carried maintained by Tenant pursuant hereunder may be carried under a blanket policy covering the Premises and other locations of Tenant, if any, provided that the coverage afforded under such blanket policy allocable to this Article 9, the Premises shall not be less than the coverage which would have been afforded had such insurance not been covered under a certificate of the insurer certifying, in a form blanket policy. So long as Tenant provides evidence reasonably satisfactory to Landlord, including Certificates and copies the Declaration pages of insurance policies if requested by Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional Tenant is insured as required in this Lease under blanket insurance policies issued in favor of Xxxxx & McLennan Companies, Inc. at the time in question, Tenant shall only be required to liability use best efforts to (x) comply with the covenants contained in this Section 8.02(a) to provide Landlord with evidence of the renewal of insurance policiespolicies prior to the cancellation thereof, and, if Tenant fails to so comply despite its best efforts, Tenant shall in any event comply with such covenant within fifteen (15) days after the date such policies were to expire and including (y) obtain Certificates containing provisions requiring the wording under primary applicable insurance above. With respect company to each renewal provide prior notice of cancellation, lapse or replacement material modification of the related insurance policy, and, if Tenant fails to obtain such Certificates containing such provisions despite its best efforts, Tenant shall in any event provide Landlord with copies of any cancellation notices immediately upon Tenant's receipt thereof and shall not modify any insurance policy required hereunder in a manner materially adverse to Landlord without prior notice to Landlord. (b) To the extent not maintained by Overlandlord, Landlord agrees that Landlord shall maintain at all times during the Term such (i) "all-risk" property insurance, including boiler and machinery, protecting against (x) "all risk" of physical loss or damage to the requirements of this Article must be complied with Building and the fixtures, appurtenances and equipment therein, including but not limited to, fire, windstorm, sprinkler leakage, drains and seepage, flood, earthquake, lightening, vandalism, malicious mischief and other perils customarily covered by "all risk" property insurance, in amounts not less than 30 days prior the full replacement value thereof, as appraised from time to time by appraisers and/or engineers approved by Overlandlord and by the issuer of such property insurance policy (but not more frequently than once in every twenty-four (24) months) and (y) rental value or business interruption coverage written on a "rented or vacant" basis against "all risk" of physical loss or damage to the expiration or cancellation of Building and the policy being renewed or replacedfixtures, appurtenances and equipment therein including but not limited to, fire, windstorm, sprinkler leakage, drains and seepage, flood, earthquake, lightening, vandalism, malicious mischief and other perils customarily covered by "all risk" property insurance. Landlord may at any time and from time-to-time inspect and/or copy any and all Such property insurance policies required to shall be carried by Tenant pursuant to this Article 9. D. The written on a loss sustained basis. (ii) commercial general liability insurance and (iii) any other form of insurance, and in such amounts, as is carried by Tenant shall specifically insure the performance by Tenant prudent owners of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2similar properties.

Appears in 1 contract

Samples: Lease (Credit Suisse First Boston Usa Inc)

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 (i) At all times during the TermTerm Tenant shall maintain in effect policies of casualty insurance covering (a) all alterations, additions or improvements in, on or to the following: Premises as may be made or paid for by Tenant (1other than building standard improvements), and (b) Commercial general liability insurance insuring Tenant against liability for bodily injuryall trade fixtures, deathmerchandise and other personal property from time to time in, property damage and personal injury occurring at on or upon the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incidenttheir actual replacement cost, $1,000,000 providing protection against any peril included within the classification "Fire and Extended Coverage" together with insurance against sprinkler damage, vandalism and malicious mischief, including cost of debris removal and demolition. Replacement cost for purposes hereof shall be determined by mutual agreement, or failing such agreement by an accredited appraiser selected by Landlord, with the cost of such appraisal to be borne by Tenant. The proceeds of such insurance shall be used for the repair or replacement of the property so insured. Upon termination of this Lease following a casualty as set forth in Section 16, the aggregate;proceeds under clause (a) above shall be paid to Landlord, and the proceeds under clause (b) above shall be paid to Tenant. (5ii) Business Income At all times during the Term Tenant shall maintain in effect workers' compensation insurance and extra expense comprehensive public liability and property damage insurance adequate to protect Landlord against liability for injury to or death of any person or loss or injury to any property in connection with the activities of Tenant in, on or about the Premises or with the use, operation or condition of the Premises. Such insurance at all times shall afford combined single limit coverage with coverage amounts that in an amount of not less than Two Million Dollars ($2,000.000). The limits of such insurance shall reimburse Tenant for all rental, expense and other payment obligations not limit the liability of Tenant under this Lease Lease. All public liability and property damage policies shall contain a provision that Landlord, although named as an insured, shall nevertheless be entitled to recovery under said policies for a period any loss occasioned to it, its servants, agents or employees by reason of not less than one year; andTenant's negligence. (6iii) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability All insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) hereunder shall be issued by responsible insurance companies acceptable to Landlord and any Mortgagee. All policies of insurance provided for in a form satisfactory to Landlord, (ii) this Lease shall be provided issued by carriers insurance companies licensed to do business in the state State of California, with general policy holder's rating of nor less than "A" and a financial rating of not less than "Class X" as raced in the most current available "Best's Insurance Guide rating Reports." Each policy shall name Landlord and at Landlord's request any Mortgagee as an additional insured, as their respective interests may appear, and a duplicate original of "ANI" all policies or better and/or acceptable certificates evidencing the existence and amounts of such insurance shall be delivered to Landlord by Tenant at least ten (10) days prior to Tenant's occupancy of the Premises. All policies of insurance delivered to Landlord must contain a provision that the company writing said policy will give Landlord thirty (30) days' written notice in advance of any cancellation or lapse of or any change in such insurance. All public liability, property damage and (iii) other casualty insurance policies shall be endorsed to provide written as primary policies' not contributing with, and not in excess of coverage which Landlord may carry. Tenant shall furnish Landlord with renewals or "binders" of any such policy at least thirty (30) days written notice of cancellation prior to Landlordthe expiration thereof. Property If Tenant does not procure and maintain such insurance, Landlord may (but shall not be required to) obtain such insurance on Tenant's behalf and charge Tenant the premiums therefor which shall contain be payable upon demand, and no such action by Landlord shall constitute a waiver and/or of Tenant's default hereunder. Tenant may carry such insurance under a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under blanket policy, provided such blanket policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing expressly affords the coverage required by this Article 9 and containing the provisions herein. Attached to such Lease by a certificate shall be endorsements naming Landlord as additional insured as to Landlord's protective liability insurance policies, and including the wording under primary insurance above. With respect to each renewal endorsement or replacement of any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9otherwise. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Office Lease (U S Wireless Data Inc)

Tenant’s Insurance. At its own expense the Tenant shall take out and thereafter 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 Term, Term and at all times when the followingTenant is in possession of the Leased Premises insurance policies as follows: (1a) Commercial general liability all risks insurance insuring Tenant against liability for bodily injuryon Leasehold Improvements and on all other property of every description, death, property damage nature and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried kind owned by the Tenant shall be primary to any similar insurance carried by Landlordor for which the Tenant is legally liable, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "which is installed, located or situate within or on the Leased Premises, including without limitation, all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, inventory or stock, -in-trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregatefull replacement cost thereof without deduction for depreciation; such insurance shall be subject to a replacement cost endorsement and shall include a stated amount co-insurance clause and a breach of conditions clause; (5b) Business Income commercial general liability insurance to respond to any and extra expense all incidents occurring in the Leased Premises in the minimum amount of $5,000,000.00 per occurrence including the following extensions: owners and contractors protective; limited pollution coverage endorsement; products and completed operations; personal injury; occurrence basis property damage; blanket contractual and non-owned automobile liability; such insurance shall include the Landlord and the Landlord’s Agent and nominee (if any) as named additional insureds, and shall protect and indemnify the Landlord and the Landlord’s Agent and nominee (if any) in respect of all Claims, including Claims by the Tenant, as if the Landlord and the Landlord’s Agent and nominee (if any) were separately insured; such insurance shall include cross liability and severability of interest clauses; (c) boiler and machinery or equipment breakdown insurance, including repair or replacement endorsement, in an amount satisfactory to the Landlord and providing coverage with respect to all objects introduced into the Leased Premises by or on behalf of the Tenant or otherwise constituting Leasehold Improvements; (d) plate glass insurance on all internal and external glass within or fronting the Leased Premises; however, notwithstanding the foregoing, the Tenant may elect to self-insure for the insurance described in this Subsection 9.02(d); (e) business interruption insurance on the profit form providing all risks coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for with a period of not less than one yearindemnity and subject to a stated amount co-insurance clause; (f) tenant’s legal liability insurance for the full replacement cost of the Leased Premises, including loss of use thereof; and (6g) Comprehensive automobile liability any other form of insurance with a policy limit of not less than $1,000,000 each accident in such amounts and against such risks as the Landlord may from time to time reasonably require. The Tenant acknowledges and agrees that it shall be solely responsible for bodily injury insuring the Leasehold Improvements, its equipment and stock and any other property damage, and insuring against all loss in connection with owned or brought into the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried Leased Premises by the Tenant pursuant to this Article 9 or actually carried by Tenant with respect whether affixed to the Premises Building or not. The insurance policies referred to in this Section shall be subject to such higher limits as the Tenant, or the Landlord acting reasonably, or any mortgagee of the Landlord’s interest in the Project (i) shall be may require from time to time. The policies of insurance referred to in a form satisfactory to LandlordSubsections 9.02(a), (iib), (c), (d), (e), (f) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iiig) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by of the insurer any insurer’s right of subrogation as against Landlord the Landlord. The Tenant hereby waives its right of recovery against the Landlord, its employees and those for whom the Landlord Parties which might arise is in law responsible with respect to all Claims required to be insured against by reason of the Tenant hereunder. Any and all deductibles in the Tenant’s insurance policies shall be borne solely by the Tenant and shall not be recovered or attempted to be recovered from the Landlord. In addition, all such policies shall be non-contributing with, and will apply only as primary and not excess to, any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior insurance proceeds available to the time Tenant or any of its contractors enters the Premises, Landlord. The Tenant shall deliver provide to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate at the commencement of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued Term and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than at least 30 days prior to the expiration or cancellation renewal of the policy being renewed or replaced. Landlord may all insurance referred to in this Section 9.02, and promptly at any time upon request, a certificate of insurance evidencing the insurance coverage maintained by the Tenant in accordance with this Section 9.02. The delivery to the Landlord of a certificate of insurance or any review thereof by or on behalf of the Landlord shall not limit the obligation of the Tenant to provide and from time-to-time inspect and/or copy any and all maintain insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Section 9.02 or derogate from the Landlord’s rights if the Tenant shall specifically insure fail to fully insure. All policies shall provide that the performance by Tenant insurance shall not be cancelled or changed to the prejudice of the indemnification provisions Landlord without at least 30 days’ prior written notice given by the insurer to the Landlord. All policies of insurance shall be placed with a company licensed to sell commercial insurance in Canada. The Tenant acknowledges and agrees that, if it fails to obtain and maintain in force any of the insurance policies set forth in Section 8.2 of this Lease provided, however, nothing contained out in this Article 9 Section 9.02, then the Tenant shall be construed to limit indemnify and hold harmless the liability Landlord in respect of Tenant under the indemnification provisions set forth in said Section 8.2any losses arising therefrom.

Appears in 1 contract

Samples: Lease Agreement (Delphax Technologies Inc)

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, procure pay for and keep in full force and effect, at all times during the Lease Term, the following: (1) Commercial Comprehensive general liability insurance insuring Tenant against liability for personal injury, bodily injury, death, death and damage to property damage and personal injury occurring at within the Leased Premises, or resulting from Tenant's ’s use or occupancy of the PremisesLeased Premises or the Common Areas, Building, Common Areas or Project resulting from Tenant's ’s activities in or about the Leased Premises. Such insurance shall be on an occurrence basis , with a combined single limit of liability coverage of not less than the amount of Tenant's ’s Required Liability Coverage. The policy or policies Coverage (as set forth in Article 1), which insurance shall be endorsed contain a “broad form liability” endorsement insuring Tenant’s performance of Tenant’s obligation to name Landlord and such others as are designated by indemnify Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlycontained in Article 8.2. (2) Fire and casualty property damage insurance with "all risk" coverage in so-called “fire and extended coverage” form insuring Tenant against loss from physical damage to Tenant's ’s personal property, inventory, stock, trade fixtures and alterations improvements within the Leased Premises with coverage for the full actual replacement cost thereof;: (3) Pressure vessel insurance, if applicable; (4) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of the distribution, sale or consumption of food and/or beverages (including alcoholic beverages, if applicable) at the Leased Premises) for not less than Tenant’s Required Liability Coverage (as set forth in Article 1); (5) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws;; and (46) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance contingent liability and builder’s risk insurance, in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned;satisfactory to Landlord. B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 Paragraph or actually carried by Tenant with respect to the Leased Premises or the Project (i) shall, except with respect to insurance required by Subparagraph A (6) above, name Landlord, and such others as are designated by Landlord, as additional insured; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form satisfactory to Landlord, ; (iiiv) shall be provided carried with companies reasonably acceptable to Landlord; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord; and (vi) shall contain a so-called “severability” or “cross liability” endorsement. Each policy of property insurance maintained by carriers licensed tenant with respect to do business in the state of CaliforniaLeased Premises or any property therein (i) shall provide that such policy shall not be subject to cancellation, with a Best's Insurance Guide rating of "ANI" lapse or better and/or acceptable change except after at least thirty days prior written notice to Landlord and (iiiii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord Landlord, its principals, employees, agents and the Landlord Parties contractors, which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord PartiesLandlord, its principals, employees, agents or contractors. C. Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to the Landlord Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9Article, a certificate copy of such policy (appropriately authenticated by the insurer certifyingas having been issued, in a form satisfactory to the Landlordpremium paid, that the policy has been issued and premium paid providing the coverage required by this Article 9 Paragraph and containing the provisions specified herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement of any such insurance, the requirements of this Article Paragraph must be complied with not less than 30 thirty days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may may, at any time and from time to time-to-time , inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability Article. If Landlord’s Lender, insurance carried by Tenant shall specifically insure broker or advisor or counsel reasonably determines at any time that the performance by Tenant amount of the indemnification provisions coverage set forth in Section 8.2 Paragraph 9.1A for any policy of insurance Tenant is required to carry pursuant to this Lease Article is not adequate, then Tenant shall increase the amount of coverage for such insurance to such greater amount as Landlord’s Lender, insurance broker or advisor or counsel reasonably deems adequate; provided, however, nothing contained in this Article 9 shall be construed to limit such increased level of coverage may not exceed the liability level of Tenant coverage for such insurance commonly carried by comparable businesses similarly situated and operating under the indemnification provisions set forth in said Section 8.2similar circumstances.

Appears in 1 contract

Samples: Industrial Space Lease (Viasystems Group Inc)

Tenant’s Insurance. Tenant shall, at its sole cost and expense, obtain and maintain throughout the term of this Lease, on a full replacement cost basis, “all risk” insurance covering all of Tenant’s inventory, furniture, furnishings, fixtures, equipment and all tenant improvements or tenant finish (whether or not installed by Landlord) and betterments located on or within the Leased Premises. In addition, Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for obtain and keep in full force and effectmaintain, at all times during the Termits sole cost and expense, the following: (1) Commercial comprehensive general public liability insurance insuring Tenant providing coverage from and against liability for bodily injuryany loss or damage occasioned by an accident or casualty on, about or adjacent to the Leased Premises, including protection against death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premisesand property damage. Such insurance liability coverage shall be written on an occurrence basis “occurrence” basis, with a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord1,000,000.00 combined single limit coverage. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy All policies of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate hereunder shall be endorsements naming Landlord as additional insured as written by an insurance company licensed to liability insurance policiesdo business in the State of Colorado, and including shall name Landlord and the wording under primary insurance above. With respect to each renewal or replacement of any such insurancemanagement company as an additional named insured and/or loss payee, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. as Landlord may direct. Each such policy shall provide that same shall not be changed or modified without at least thirty (30) days’ prior written notice to Landlord and any time mortgagee of Landlord. Certificates evidencing the extent and from time-to-time inspect and/or copy any and effectiveness of all Tenant’s insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed delivered to Landlord and the management company. The limits of such insurance shall not, under any circumstances, limit the liability of Tenant under this Lease. In the indemnification provisions set forth event that Tenant fails to maintain any of the insurance required of it pursuant to this provision, Landlord shall have the right (but not the obligation) at Landlord’s election, to pay Tenant’s premiums or to arrange substitute insurance with an insurance company of Landlord’s choosing, in said which event any premiums advanced by Landlord shall constitute additional rent payable under this Lease and shall be payable by Tenant to Landlord immediately upon demand for same. Landlord shall also have the right, but no the obligation, whether or not Tenant maintains coverage to carry any such insurance as Landlord may elect in order to provide coverage in the event Tenant fails to properly maintain such insurance. The rights of Landlord hereunder shall be in addition to, and not in lieu of, of any other rights or remedies available to Landlord under this Lease or provided by law or in equity. Without limiting the foregoing, in the event that coverage of any risk for which Tenant is responsible pursuant to this Section 8.212 is ultimately provided by coverage maintained by Landlord, whether due to Tenant’s failure to provided or maintain such insurance or otherwise, Tenant shall promptly reimburse Landlord for an amount equal to any deductible incurred, immediately upon demand for same.

Appears in 1 contract

Samples: Lease Agreement (New Frontier Media Inc)

Tenant’s Insurance. Tenant shall maintain carry 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 Termentire Term hereof with terms, the following: coverages and companies reasonably satisfactory to Landlord (1) Commercial general liability insurance insuring Tenant against liability for bodily injurybut in any case, death, property damage any such companies shall hold a current Policyholder's Alphabetic and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability Financial Size Category Rating of not less than A-/VIII according to Best's Insurance Reports or an equivalent rating from a nationally-recognized insurance rating service) and with such increases in limits as Landlord may request from time to time (based on limits that are customarily carried from time to time for businesses similar to the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed business being operated in the Premises and in space similar to name Landlord the Premises and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by the Building) but initially Tenant shall not, however, limit maintain the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by following coverages in the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.following amounts: (2a) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal propertyComprehensive or commercial general liability insurance, inventoryincluding contractual liability, stockon an occurrence basis, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than Five Million Dollars ($500,000 5,000,000.00) combined single limit per incidentoccurrence, $1,000,000 in covering Tenant as a named insured and Landlord, LR Management Company, Landlord's management agent (if any), the aggregate;holder of any First Mortgage, and any other parties reasonably designated by Landlord from time to time, as additional insureds, on a primary, non-contributory basis with respect to other insurance covering the additional insureds. The additional insured endorsement must include coverage for products and completed operations claims with respect to the additional insureds. (5b) Business Income Property insurance written on a "special form" basis for the full replacement cost of Tenant's Work and extra expense coverage all additions, improvements and alterations to the Premises owned or made by Tenant, if any, and of all office furniture, trade fixtures, office equipment, merchandise and all other items of Tenant's property on the Premises, with coverage amounts that shall reimburse loss or damage payable to Landlord and Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; andas their interests may appear. (6c) Comprehensive automobile Dram shop insurance as provided in Section 21.5. (d) Automobile liability insurance with a policy limit limits of $1,000,000 for all owned, non-owned and hired automobiles. (e) Business interruption insurance in amounts sufficient to cover Tenant's lost profits, continuing expenses and extra expenses during the period of restoration. (f) workers' compensation and employers' liability insurance with limits of not less than $1,000,000 each accident for bodily injury and property damage500,000.00, or such higher amounts as may be required from time to time by any employee benefit acts or other statutes applicable to Tenant, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of any event sufficient to protect Tenant from liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2aforementioned acts.

Appears in 1 contract

Samples: Lease (Woodroast Systems Inc)

Tenant’s Insurance. Throughout the Term of this Lease Tenant shall ------------------ maintain insurance complying with all ISO Special Form property insurance, including building and machinery comprehensive form, in an amount equal to one hundred percent of the following: A. 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 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 shall procurehereby 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, pay for and keep in full force and effectTenant shall, at all times during the TermTenant's expense, the following: (1) Commercial maintain commercial general liability insurance insuring Tenant against liability claims for bodily personal injury, death, death or property damage and personal injury occurring at the Premisesin, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in upon or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 5,000,000 per incidentoccurrence and $5,000,000 annual aggregate (with a separate general aggregate limit for the Premises), $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy combined single limit of or equivalent in an amount not less than $1,000,000 each accident for bodily injury and property damage2,000,000, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy workers' compensation insurance as provided by law. Tenant's policies of liability insurance shall name Landlord as an additional insured, shall provide coverage for blanket contractual liability, premises, products/completed operations, and personal and advertising injury coverage. Tenant's policies of insurance shall be primary and not contributory as to other insurance purchased by or available to Landlord. A certificate of the insurance required to be carried by Tenant pursuant to under this Article 9 or actually carried by Tenant with respect 12 shall be delivered to Landlord prior to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord Commencement Date and (iii) shall be endorsed to provide thereafter at least thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the then current policies. Upon the written request of Landlord, copies of such policies shall also be delivered to Landlord. Each policy being renewed shall contain an endorsement prohibiting cancellation or replaced. Landlord may non-renewal without at any time and from time-to-time inspect and/or copy any and all insurance policies required least thirty days prior notice to be carried by Tenant pursuant to this Article 9Landlord. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Office Lease (Pac-West Telecomm Inc)

Tenant’s Insurance. Tenant (a) Tenant, at its expense, 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 TermTerm Commercial General Liability insurance, the following: (1) Commercial general including a contractual liability insurance insuring Tenant against liability for bodily injury, death, property damage endorsement and personal injury occurring at the Premisesliability coverage, or resulting from Tenant's use or occupancy in respect of the PremisesPremises and the conduct or operation of business therein, Buildingwith Landlord, Common Areas or Project resulting from the Property Manager, Ground Lessor, Superior Mortgagee and any other holder of a Superior Instrument to the extent such entity’s name and address shall previously have been furnished to Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord , as additional insureds. The , with limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident 5,000,000.00 per occurrence for bodily injury and property damage. Tenant shall also maintain (i) “all risk” property insurance (including coverage for terrorism to the extent commercially available) covering all present and future Leasehold Improvements and Tenant’s Property to a limit of not less than the full replacement value thereof, (ii) business interruption insurance for a minimum period of 12 months or such greater amount that will reimburse Tenant for direct and insuring indirect loss of earnings and extra expense attributable to all perils insured against in this Section 12.03 or other perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises or the Building as a result of any of such perils, (iii) comprehensive equipment breakdown insurance (without exclusion for explosion), covering all loss mechanical, electrical and other equipment belonging to Tenant against physical damage from all perils insured against in this Section 12.03, (iv) Workers Compensation insurance in accordance with the laws of the State of New York and (v) Business Automobile Liability insurance coverage with limits of not less than $2,000,000 combined single limit coverage against bodily injury liability and property damage liability arising out of the use by or on behalf of Tenant, its agents and employees in connection with this Lease, of any motor vehicle owned or leased by Tenant. Tenant shall deliver to Landlord and any other additional insured such certificates of insurance, issued by the ownershipinsurer, maintenance in form reasonably satisfactory to Landlord, on or before the Commencement Date (or, if earlier, the date on which Tenant takes possession of any portion of the Premises). The “All Risk” property insurance policies required to be carried by Tenant, and operation any certificates evidencing such policies, shall provide that the proceeds under such policies in respect of automotive equipment that is ownedLeasehold Improvements shall be payable to Landlord, hired Tenant and if required under the Ground Lease, the Ground Lessor, as their interests may appear. Tenant and Landlord shall execute and deliver to the other party, such proofs of loss and other instruments which may be reasonably required to recover any such insurance proceeds. 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 other additional insured a certificate thereof issued by the insurer within ten (10) days after the expiration of any existing policy. All such policies shall be issued by licensed companies of recognized responsibility rated by Best’s Insurance Reports or non-owned; B. Each any successor publication of comparable standing at A-/VIII or better or the then equivalent of such rating, and shall contain a provision whereby the same cannot be canceled or modified in a material respect unless the insurer shall endeavor to provide Landlord and any other additional insured at least 30 days prior written notice of such cancellation or modification. The limits of liability required herein may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than those required herein. Tenant’s policies of insurance may be maintained under “blanket policies” insuring the Premises and other property or locations of Tenant; provided, that such blanket policies shall (x) set forth the amount of the‌‌‌‌ insurance applicable to the Premises, (y) otherwise comply with the provisions of this Article 12, and (z) afford the same protection to Landlord and any other additional insured as would be provided by policies individually applicable to the Premises. All insurance policies required to be maintained pursuant to this Section 12.03 shall not contain any exclusions for acts of terrorism or similar events to the extent such coverage is commercially available. In addition to the other requirements set forth in this Lease, the insurance required to be carried by Tenant pursuant to under this Article 9 or actually Lease shall be primary insurance for all claims under it and shall provide that any insurance carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of CaliforniaProperty Manager, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason holder of any payment Superior Interest is strictly excess, secondary and non­ contributing with any insurance carried by Tenant. Tenant may maintain such deductibles under such policy or by reason of its insurance policies as Tenant may determine, in Tenant’s judgment, to be reasonable under the circumstances, taking into account Tenant’s net worth, the risks to be insured and any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or other relevant factors, provided that in no event shall any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried maintained by Tenant pursuant to this Article 9Section 12.03 have a deductible greater than $5,000,000.00, a certificate Subject to CPI Adjustment on the 10th anniversary of the insurer certifyingCommencement Date (except with respect to flood insurance, in which shall not have a form satisfactory deductible exceeding the greater of (A) $5,000,000.00, Subject to CPI Adjustment on each anniversary of the Commencement Date and (B) 5% of Tenant’s insurable value of the Leasehold Improvements and Tenant’s Property).‌‌‌‌‌‌ (b) Anything to the Landlord, that the policy has been issued and premium paid providing the coverage required by contrary contained in this Article 9 and containing 12 notwithstanding, provided that (i) the same is permitted under applicable Legal Requirements, the provisions herein. Attached to such a certificate of all Superior Mortgages and the provisions of the Ground Lease, (ii) the Tenant under this Lease shall be endorsements naming Landlord as additional insured as to liability insurance policiesa BNYM Tenant, and including the wording under primary insurance above. With respect to each renewal or replacement (iii) Tenant shall have a net worth of any such insurance, the requirements of this Article must be complied with not less than 30 days prior Two Billion and 00/100 Dollars ($2,000,000,000) and (iv) Tenant shall maintain appropriate reserves in connection with such self-insurance as part of a regularly maintained insurance and risk management program, Tenant shall have the right to act as a self-insurer with respect to any loss resulting from risks that would have been covered under the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried required to be maintained by Tenant under this Lease. If any of the conditions in clauses (i) through (iv) above shall specifically no longer be satisfied, then Tenant's right to self-insure under this Section 12.03(b) shall terminate (and Tenant shall notify Landlord of such failure to satisfy such conditions promptly after Tenant becoming aware thereof and in all events within 30 days), and Tenant shall thereafter comply, promptly and fully, with all other applicable provisions of this Article 12. If Tenant elects to self-insure in accordance with the performance provisions of this Section 12.03(b), then Tenant shall be liable to Landlord for the full equivalent of unconditional and unqualified insurance coverage that would have been available to Landlord if the applicable insurance policy had been obtained by Tenant from a third- party insurer, in full compliance with the provisions of this Article 12, and shall pay on behalf of or indemnify Landlord against (as appropriate) all amounts that would have been payable by the hypothetical third-party insurer had Landlord been named as an additional insured under any insurance policy involved, with no deductible amount applicable to such policy. For so long as Tenant is self-insuring under this Section 12.03(b) and Tenant’s financial statements are not publicly available, Tenant, within 120 days after the end of each fiscal year of Tenant shall deliver to Landlord a copy of Tenant's annual financial statements for the fiscal year then ended, which shall include a balance sheet as of the indemnification provisions set forth end of such fiscal year, or if such financial statements are not available, such other reasonable evidence of the same (which, unless the same are already in Section 8.2 of this Lease providedthe public domain, however, nothing contained in this Article 9 Landlord shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.keep confidential except as required by law).‌‌‌‌‌‌‌

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. Tenant shall maintain insurance complying as follows, with all of the following: A. Tenant such other terms, coverages and insurers, as Landlord shall procure, pay for and keep in full force and effect, at all times during the Term, the followingreasonably require from time to time: (1a) Commercial general General Liability Insurance, with (a) contractual liability insurance insuring Tenant against liability coverage including the insurable indemnification provisions contained in this Lease, (b) a severability of interest endorsement, (c) limits of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence and not less than Two Million Dollars ($2,000,000) in the aggregate for bodily injury, sickness or death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring umbrella coverage of not less than Five Million Dollars ($5,000,000). (b) Property Insurance against “All Risks” of physical loss covering the replacement cost of all loss improvements, fixtures and personal property. (c) Workers’ compensation or similar insurance in connection form and amounts required by law, and Employer’s Liability with not less than the ownership, maintenance following limits: Each Accident $ 500,000 Disease—Policy Limit $ 500,000 Disease—Each Employee $ 500,000 Such insurance shall contain a waiver of subrogation provision in favor of Landlord and operation of automotive equipment its agents. Tenant’s insurance shall be primary and not contributory to that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 Landlord, its agents, or actually carried by Tenant mortgagee. Landlord, and if any, Landlord’s building manager or agent and ground lessor shall be named as additional insureds with respect to the Premises insurance required of the Tenant in Section 9.3(a). The company or companies writing any insurance which Tenant is required to maintain under this Lease, as well as the Project (i) form of such insurance, shall at all times be subject to Landlord’s approval, and any such company shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state in which the Building is located. Such insurance companies shall have a current A.M. Best rating of CaliforniaA / VI or better. Tenant shall cause any contractor of Tenant performing work on the Premises to maintain insurance as follows, with a Best's Insurance Guide rating such other terms, coverages and insurers, as Landlord shall reasonably require from time to time: i. Commercial General Liability Insurance, including 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, for each occurrence, of "ANI" not less than One Million Dollars ($1,000,000) with respect to personal injury, death or better and/or acceptable to Landlord property damage. ii. Workers’ compensation or similar insurance in form and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property amounts required by law, and Employer’s Liability with not less than the following limits: Each Accident $ 500,000 Disease—Policy Limit $ 500,000 Disease—Each Employee $ 500,000 Such insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission provision in favor of Landlord and the Landlord Parties. C. Prior its agents. Tenant’s contractor’s insurance shall be primary and not contributory to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be that carried by Tenant pursuant to this Article 9Tenant, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued their agents or mortgagees. Tenant and premium paid providing the coverage required by this Article 9 Landlord, and containing the provisions herein. Attached to such a certificate if any, Landlord’s building manager or agent, mortgagee or ground lessor shall be endorsements naming Landlord named as additional insured as to liability on Tenant’s contractor’s insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease Agreement (Time Warner Telecom Inc)

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 effectshall, at all times during its sole cost and expense, obtain and maintain throughout the Term, the following: (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy term of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall notAgreement, howeveron a full replacement cost basis, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to insurance covering all of Tenant's personal property, inventory, stockfurniture, trade fixtures furnishings, fixtures, equipment and alterations all tenant improvements or tenant finish (whether or not installed by Landlord) and betterments located on or within the Premises with coverage for the full actual replacement Leased Premises. In addition, Tenant shall obtain and maintain, at its sole cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenantexpense, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile comprehensive general public liability insurance providing coverage from and against any loss or damage occasioned by an accident or casualty on, about or adjacent to the Leased Premises, including protection against death, personal injury and property damage. Such liability coverage shall be written on an "occurrence" basis, with a policy limit limits of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord1,000,000.00 combined single limit coverage. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy All policies of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate hereunder shall be endorsements naming written by an insurance company licensed to do business in the State of Colorado, and shall name Landlord as an additional named insured and/or loss payee, as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may direct. Each such policy shall provide that same shall not be changed or modified without at least thirty (30) days' prior written notice to Landlord and any time mortgagee of Landlord. Certificates evidencing the extent and from time-to-time inspect and/or copy any and effectiveness of all Tenants insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed delivered to Landlord. The limits of such insurance shall not, under any circumstances, limit the liability of Tenant under this Lease Agreement. In the indemnification provisions set forth event that Tenant fails to maintain any of the insurance required of it pursuant to this provision, Landlord shall have the right (but not the obligation) at Landlord's election, to pay Tenant's premiums or to arrange substitute insurance with an insurance company of Landlord's choosing, in said which event any premiums advanced by Landlord shall constitute additional rent payable under this Lease Agreement and shall be payable by Tenant to Landlord immediately upon demand for same. Landlord shall also have the right, but no the obligation, whether or not Tenant maintains coverage to carry any such insurance as Landlord may elect in order to provide coverage in the event Tenant fails to properly maintain such insurance. The rights of Landlord hereunder shall be in addition to, and not in lieu of any other rights or remedies available to Landlord under this Lease Agreement or provided by law or in equity. Without limiting the foregoing, in the event that coverage of any risk for which Tenant is responsible pursuant to this Section 8.212 is ultimately provided by coverage maintained by Landlord, whether due to Tenant's failure to provided or maintain such insurance or otherwise, Tenant shall promptly reimburse Landlord for an amount equal to any deductible incurred, immediately upon demand for same.

Appears in 1 contract

Samples: Lease Agreement (Transgenomic Inc)

Tenant’s Insurance. (a) Tenant shall shall, at its expense, 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 Term, the following: (1) Commercial general liability a policy or policies of insurance insuring Tenant against all liability for bodily injury, death, injury to or death of a person or persons and for damage to or destruction of property damage and personal injury occurring at occasioned by or arising out of or in connection with the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas Leased Premises or Project resulting from by the condition of the Leased Premises (including Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis ’s contractual liability to indemnify and defend Landlord) with a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident 1,000,000.00 for bodily injury and property damage, and insuring against all loss damages or with increased limits as may be reasonably required from time to time by Landlord by giving notice to Tenant not to exceed a combined single limit in connection with the ownership, maintenance and operation excess of automotive equipment that is owned, hired $1,000,000.00. Tenant’s policies must be written by an insurance company or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form companies reasonably satisfactory to Landlord, (ii) shall be provided by carriers Landlord and licensed to do business in the state State of CaliforniaTexas with Landlord and Landlord’s manager named as additional insureds without restriction. If Tenant has an umbrella or excess policy, with Tenant shall name Landlord and Landlord’s manager as additional insureds without restriction on all layers of umbrella or excess policies. Tenant shall obtain a Best's Insurance Guide rating written obligation on the part of "ANI" each insurance company to notify Landlord at least fifteen (15) days prior to cancellation of the insurance. (b) Tenant shall deliver copies of its insurance policies or better and/or acceptable duly executed certificates of insurance to Landlord and (iii) prior to occupying any part of the Leased Premises. Tenant shall be endorsed deliver satisfactory evidence of renewals of the insurance policies to provide Landlord at least thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replacedrespective policies. If Tenant fails to comply with these insurance requirements, Landlord may obtain the insurance and Tenant shall pay to Landlord on demand as additional Rent the premium cost thereof plus interest at any time and the Interest Rate from time-to-time inspect and/or copy any and all insurance policies required to be carried the date of payment by Tenant pursuant to this Article 9Landlord until paid by Tenant. D. The commercial general liability insurance carried by (c) Tenant shall specifically insure that all contractors, subcontractors, moving companies and others performing work of any type for Tenant in the performance Building shall comply with the insurance requirements set out on Exhibit E attached hereto and incorporated herein by reference, as such requirements may be revised from time to time by Landlord and Tenant is informed of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2same.

Appears in 1 contract

Samples: Lease Agreement (Matinee Media CORP)

Tenant’s Insurance. During the Lease Term, Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for obtain and keep in full force and effect, at all times during effect respecting the TermPremises, the followingfollowing Insurance: (1a) Commercial general liability insurance insuring Tenant against liability for bodily injurySpecial Form (fka All Risk) Insurance, deathincluding fire and extended coverage, sprinkler leakage (including earthquake sprinkler leakage), vandalism, malicious mischief, earthquake and flood coverage upon Tenant’s property damage of every description and personal injury occurring at kind located on the Premises, or resulting from Tenant's use or occupancy of the PremisesIncluding, Buildingwithout limitation, Common Areas or Project resulting from Tenant's activities in or about the 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. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall notfurniture, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance equipment and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements personal property and Contractor's Protective Liability, and Products and Completed Operations Coverage any Tenant Changes in an amount not less than $500,000 per incidentthen the full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, $1,000,000 in the aggregate;decision of Tenant shall be presumptive. (5b) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rentalCommercial general liability Insurance coverage, expense and other payment on an occurrence basis, including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, owner’s protective coverage, contractual liability (including Tenant’s indemnification obligations of Tenant under this Lease for Lease, including Section 17 hereof), liquor liability (if Tenant serves or stores alcohol on the Premises), products and completed operations liability, and owned/non-owned auto liability, with a period general aggregate of not less than one year; and Two Million Dollars (6$2,000,000) Comprehensive automobile per occurrence with “umbrella” or excess liability insurance with a policy limit coverage of not less than Three Million Dollars ($1,000,000 each accident for bodily injury 3,000,000). (c) Worker’s compensation and property damageemployer’s liability Insurance, in statutory amounts and insuring against limits, covering all loss persons employed in connection with any work done in, on or about the ownershipPremises for which claims for death or bodily injury could be asserted against Landlord, maintenance and operation Tenant or the Premises, (d) Business Interruption insurance, as will reimburse Tenant for direct or indirect loss of automotive equipment that is owned, hired earnings attributable to all perils commonly insured against by prudent tenants or non-owned; B. Each policy attributable to prevention of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect access to the Premises or the Project (i) shall be in Tenant’s parking areas as a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state result of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Partiesperils. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Single Tenant Lease (Triple Net) (Global Brass & Copper Holdings, Inc.)

Tenant’s Insurance. Tenant (a) Tenant, at its sole cost and expense, shall, at all times, commencing with the date upon which the leased premises shall maintain insurance complying with all of the following: A. Tenant shall be made available for Tenant's Work, procure, pay for and keep in full force and effect, at all times during the Term, the following: : (1i) Commercial a commercial general liability policy (ISO form or equivalent), including insurance insuring against assumed or contractual liability under this Lease with respect to the leased premises and the operations of Tenant against liability for bodily injuryand any subtenants of Tenant in, death, property damage and personal injury occurring at the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in on or about the Premises. Such insurance leased premises in which the limits with respect to personal liability and property damage shall be not less than Two Million Dollars ($2,000,000) per occurrence; (ii) all risk property insurance, including theft and, if applicable, boiler and machinery coverage, written at replacement cost value in an adequate amount to avoid coinsurance and a replacement cost endorsement insuring Tenant's merchandise, trade fixtures, furnishings, equipment and all items of personal property of Tenant and including property of Tenant's customers located or in the leased premises; (iii) workers' compensation coverage as required by law; (iv) with respect to alterations, improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builder's risk insurance, in amounts satisfactory to Landlord; (v) product liability coverage, including, without limitation (if this Lease covers leased premises in which food and/or beverages are sold and/or consumed), liquor liability coverage (if applicable to Tenant's business) and coverage for liability arising out of the consumption of food and/or alcoholic beverages on an occurrence basis with a combined single limit of liability or obtained at the leased premises, of not less than Two Million Dollars ($2,000,000) per occurrence for personal injury and death and property damage; (vi) the amount of Tenant's Required Liability Coverageinsurance required under Exhibit B; and (vii) such insurance as may from time to time be required by city, county, state or federal laws, codes, regulations or authorities, together with such other insurance as is reasonably necessary or appropriate under the circumstances. The policy or policies shall minimum limits of coverage as set forth in this paragraph may from time to time, at Landlord's option, be endorsed increased by nor more than ten percent (10%) per annum, on a cumulative basis, with such increase to name Landlord and such others as are designated by Landlord as additional insuredsoccur not more often than once during each lease year during the term hereof. The limits deductibles under any of said such insurance required by this Lease as policies to be carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlynot exceed Five Thousand Dollars ($5,000). (2b) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making All policies of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) Section 11.1 shall be in a form satisfactory to Landlord, (ii) shall be provided written by carriers licensed responsible insurance companies authorized to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or State and acceptable to Landlord Landlord. Any such insurance required of Tenant hereunder may be furnished by Tenant under any blanker policy carried by it or under a separate policy therefor; provided, however, that: (1) any such blanket policy carried with respect to the insurance required under subparagraphs (i), (iv), (v), (vi) and (iiivii) of Section 11.1(a) shall contain a "per location" endorsement assuring that any aggregate limit under such blanker policy shall apply separately to the leased premises and that the insurer thereunder shall provide written notice to Landlord if the available portion of such aggregate is reduced to less than the minimum amounts required under Section 11.1(a) by either payment of claims or the establishment of reserves for claims (whereupon Tenant shall be endorsed obligated to provide take immediate steps to increase the amount of its insurance coverage in order to satisfy the minimum requirements set forth above), and (2) any such blanker policy carried with respect to the property insurance required under subparagraph (ii) of Section 11.1(a) shall contain an "agreed value" endorsement with respect to all of the items of property identified in such subparagraph. A copy of each paid-up policy evidencing such insurance (appropriately authenticated by the insurer) or a certificate of the insurer, certifying that such policy has been issued, providing the coverage required by this Section and containing provisions specified herein, shall be delivered to Landlord prior to the commencement of the term of this Lease and, upon renewals, not less than thirty (30) days written notice prior to the expiration of cancellation such coverage. Landlord may, at any time, and from time to Landlord. Property time, inspect and/or copy any and all insurance policies required to be procured by Tenant hereunder. (c) Each policy evidencing insurance required to be carried by Tenant pursuant to this Section 11.1 shall provide coverage on an occurrence basis (and not on a "claims-made" basis) and shall contain the following provisions and/or clauses: (i) a cross-liability clause; (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance; (iii) a provision including Landlord, the beneficial ownership entity of the Development (if any), the managing agent of the Development and any other parties in interest designated by Landlord or such beneficial ownership entity (if any), as additional insureds (except with respect to workers' compensation insurance); (iv) a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord Landlord, the underlying lessor, if any, and the Landlord Parties their respective agents, employees and representatives which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives; (v) a severability clause; (vi) a provision that the insurer will not cancel, materially change or fail to renew the coverage provided by such policy without first giving Landlord and the underlying lessor, if any, thirty (30) days' prior written notice; and (vii) a provision (to the extent available) that no act or omission of Landlord Partiesshall affect or limit the obligation of the insurer to pay the amount of any loss sustained. C. Prior (d) In the event that Tenant fails to procure, maintain and/or pay for, at the times and for the durations specified in this Section 11.1, any insurance required by this Section, or fails to carry insurance required by law or governmental regulation, Landlord may (but without obligation to do so) at any time or from time to time, and without notice, procure such insurance and pay the premiums therefor, in which event Tenant shall repay to Landlord all sums so paid by Landlord together with interest thereon as provided elsewhere herein and any costs or expenses incurred by Landlord in connection therewith, within ten (10) days following Landlord's written demand to Tenant for such payment. (e) Tenant shall not carry any stock of its contractors enters goods or do anything in or about the Premisesleased premises which will in any way tend to increase the insurance rates on the Development, the entertainment and retail center, the leased premises and/or the building of which they are a part and/or the contents thereof. If Tenant installs any electrical equipment that overloads the lines in the leased premises, Tenant shall deliver at its own expense make whatever changes are necessary to the Landlord comply with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time insurance underwriters and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9governmental authorities having jurisdiction. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

Samples: Lease (Hart Industries Inc)

Tenant’s Insurance. Tenant shall carry insurance during the entire Term insuring Tenant and Landlord and their respective agents and employees, and any other parties designated by Landlord from time to time (including, without limitation, any Mortgagee [as defined below]) as their interests may appear, with terms, coverages and in companies satisfactory to Landlord, and with such increases in limits as Landlord may from time to time request or as any Mortgagee may from time to time request or as any Mortgagee may from time to time require, but initially Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep following coverages in full force and effect, at all times during the Term, the followingfollowing amounts: (a) Comprehensive or Commercial General Liability insurance, including Contractual Liability coverage of the indemnification provisions contained in this Lease and host liquor liability insurance, with limits for bodily injury or personal injury to or death of any person, or more than one (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premisesperson, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities for damage to property in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability amount of not less than the amount of Tenant's Required Liability Coverage$1,000,000 per occurrence/$3,000,000 aggregate. The coverage amounts may be provided through an umbrella or excess liability policy. The Comprehensive or Commercial General Liability policy or policies shall be endorsed to name Landlord include Landlord, Landlord’s management agent and such others as are any Mortgagee designated by Landlord from time to time as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be insureds on a primary and non-contributory basis to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlyLandlord’s management agent and any Mortgagee. (2b) Fire and casualty Property damage insurance with "against “all risk" coverage insuring Tenant against risks” of physical loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual insurable replacement cost thereof;value of the initial build-out of the Premises, all Alterations, all Personal Property, and of all furniture, trade fixtures, equipment, business records, merchandise and all other items of Tenant’s personal property on the Premises. (3c) Workers' compensation insurance Worker’s Compensation Insurance in amounts required by the State of Illinois, including Voluntary Compensation, Broad Form All States Endorsement, and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" employer’s liability insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount of not less than $500,000 per incident, $1,000,000 in the aggregate;occurrence. (5d) Business Income insurance and extra expense coverage Automobile Liability Insurance with coverage amounts that shall reimburse Tenant limits for all rentalbodily injury or personal injury to or death of any person, expense and other payment obligations of Tenant under this Lease for a period of not less or more than one year; and (61) Comprehensive automobile liability insurance with a policy limit person, or for damage to property in an amount of not less than $1,000,000 each accident for bodily injury combined single limit, including Employer’s Owned, Non-Owned and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord PartiesHired Car coverage. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

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

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 effectTenant, at all times during its sole cost and expense, commencing on the Termearlier of (i) the Commencement Date, or (ii) the following: (1) Commercial general liability insurance insuring date Tenant against liability for bodily injury, death, property damage and personal injury occurring at is given earlier access to the Premises, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such and (a) Comprehensive liability insurance shall be on an occurrence basis with a combined single limit of liability coverage limits of not less than the amount of Tenant's Required Liability Coverage. The policy One Million Dollars ($1,000,000) including combined single limit bodily injury, personal injury, death and property damage liability per occurrence, or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as current limit carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liabilitywhichever is greater, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate; (5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against any and all loss in connection with liability of the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant insured with respect to the Premises or arising out of the Project (i) shall be in a form satisfactory maintenance, use of occupancy of the Premises or related to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason exercise of any payment under such policy or by reason rights of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9Lease, a certificate of the insurer certifying, subject to increases in a form satisfactory amount as Landlord may reasonably require from time to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions hereintime. Attached to All such a certificate shall be endorsements naming Landlord as additional insured as to comprehensive liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions indemnity agreement set forth in Section 8.2 9.5 below as to liability for injury to or death of persons and injury or damage to property. (b) Standard form property insurance covering all alterations, improvements, additions or utility installations permitted under Article 11, and all of Tenant's trade fixtures, inventory, supplies, records and personal property from time to time in, on or about the Premises, in an amount not less than the full replacement value thereof, providing protection against any peril included within the classification Fire and Extended Coverage, sprinkler damage, vandalism, malicious "all risk" standard insurance policy. Any policy proceeds shall be used for the repair of replacement of the property damage or destroyed unless this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant cease and terminate under the indemnification provisions set forth of Article 13. (c) Worker's compensation and employer's liability insurance (as required by state law). (d) Any other form or forms of insurance as Landlord or Tenant or any mortgages or beneficiaries of Landlord or Master Landlord may reasonably require from time to time, in said Section 8.2such form and amounts and for insurance risks against which a prudent tenant would protect itself.

Appears in 1 contract

Samples: Lease Agreement (800 Travel Systems Inc)

Tenant’s Insurance. Tenant shall carry insurance during the entire Term insuring Tenant and Landlord and their respective agents and employees, and any other parties designated by Landlord from time to time (including, without limitation, any Mortgagee [as defined below]) as their interests may appear, with terms, coverages and in companies satisfactory to Landlord, and with such increases in limits as Landlord may from time to time request or as any Mortgagee may from time to time require, but initially Tenant shall maintain insurance complying with all of the following: A. Tenant shall procure, pay for and keep following coverages in full force and effect, at all times during the Term, the followingfollowing amounts: (a) Comprehensive or Commercial General Liability insurance, including Contractual Liability coverage of the indemnification provisions contained in this Lease and host liquor liability insurance, with limits for bodily injury or personal injury to or death of any person, or more than one (1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Premisesperson, or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities for damage to property in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability amount of not less than the amount of Tenant's Required Liability Coverage$1,000,000 per occurrence/$3,000,000 aggregate. The coverage amounts may be provided through an umbrella or excess liability policy. The Comprehensive or Commercial General Liability policy or policies shall be endorsed to name Landlord include Landlord, Landlord’s management agent and such others as are any Mortgagee designated by Landlord from time to time as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be insureds on a primary and non-contributory basis to any similar insurance carried by Landlord, whose insurance shall be considered excess insurance onlyLandlord’s management agent and any Mortgagee. (2b) Fire and casualty Property damage insurance with "against ‘all risk" coverage insuring Tenant against risks” of physical loss from physical damage to Tenant's personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual insurable replacement cost thereof;value of the initial build-out of the Premises, all Alterations, all Personal Property, and of all furniture, trade fixtures, equipment, business records, merchandise and all other items of Tenant’s personal property on the Premises. (3c) Workers' compensation insurance Worker’s Compensation Insurance in amounts required by the State of Illinois, including Voluntary Compensation, Broad Form All States Endorsement, and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" employer’s liability insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount of not less than $500,000 per incident, $1,000,000 in the aggregate;occurrence. (5d) Business Income insurance and extra expense coverage Automobile Liability Insurance with coverage amounts that shall reimburse Tenant limits for all rentalbodily injury or personal injury to or death of any person, expense and other payment obligations of Tenant under this Lease for a period of not less or more than one year; and (61) Comprehensive automobile liability insurance with a policy limit person, or for damage to property in an amount of not less than $1,000,000 each accident for bodily injury combined single limit, including Employer’s Owned, Non-Owned and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord PartiesHired Car coverage. C. Prior to the time Tenant or any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at any time and from time-to-time inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article 9. D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Section 8.2.

Appears in 1 contract

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

Tenant’s Insurance. (a) Tenant shall maintain insurance complying with all shall, during the term hereof and any other period of the following: A. Tenant shall procureoccupancy, pay for at it's sole cost and expense, keep in full force and effect, at all times during effect the Term, the followingfollowing insurance: (1i) Commercial general liability Standard form property insurance insuring against the perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage ("All Risk") and sprinkler leakage. This insurance policy shall be upon all property owned by Tenant, for which Tenant against liability for bodily injury, death, property damage and personal injury occurring is legally liable or that was installed at the Premises, or resulting from Tenant's use or occupancy of expense, and which is located in the PremisesBuilding including, Buildingwithout limitation, Common Areas or Project resulting from Tenant's activities in or about the Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability of not less furniture, fittings, installations, fixtures ( other than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary to any similar insurance carried Improvements installed by Landlord), whose insurance shall be considered excess insurance only. (2) Fire and casualty insurance with "all risk" coverage insuring Tenant against loss from physical damage to Tenant's any other personal property, inventory, stock, trade fixtures and alterations within the Premises with coverage for the full actual replacement cost thereof; (3) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all Laws; (4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incidentthe full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, $1,000,000 in the aggregate; (5) Business Income decision of Landlord or any mortgagees of Landlord shall be conclusive. This insurance and extra expense coverage with coverage amounts that policy shall reimburse Tenant for all rental, expense and other payment obligations also be upon direct or indirect loss of Tenant under this Lease for a period of not less than one year; and (6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired Tenant's earnings attributable to Tenant's inability to use fully or non-owned; B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect obtain access to the Premises or Building in an amount as will properly reimburse Tenant. Such policy shall name Landlord and any mortgagees of Landlord as insured parties, as their respective interests may appear. (ii) Commercial liability insurance insuring Tenant against any liability arising out of the Project (i) lease, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the amount of $3,000,000.00 combined single limit for injury to, or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence, with such liability amount to be adjusted from year to year to reflect increases in the Consumer Price Index. The policy shall insure the hazards of premises and operations, independent contractors, contractual liability (covering the indemnity contained in Paragraph 18 hereof) and shall (1) name Landlord as an additional insured, and (2) contain a provision that "the insurance provided the Landlord hereunder shall be primary and noncontributing with any other insurance available to the Landlord." (iii) Workers' compensation and employer's liability insurance (as required by state law). (iv) Any other form or forms of insurance as Tenant or Landlord or any mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself. (b) All policies shall be written in a form satisfactory to Landlord, (ii) Landlord and shall be provided by carriers licensed to do business taken out with insurance companies holding a General Policy holders Rating of "A" and a Financial Rating of "X" or better, as set forth in the state most current issue of CaliforniaBests Insurance Guide. Within ten (10) days after the execution of this LeaSe, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable Tenant shall deliver to Landlord copies of policies or certificates evidencing the existence of the amounts and (iii) forms of coverage satisfactory to Landlord. No such policy shall be endorsed to provide cancelable or reducible in coverage except after thirty (30) days prior written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties. C. Prior to the time Tenant or any of its contractors enters the Premisesshall, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, 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 not less than 30 within ten (10) days prior to the expiration of such policies, furnish Landlord with renewals or cancellation of the policy being renewed "binders" thereof, or replaced. Landlord may at order such insurance and charge the cost thereof to Tenant as additional rent. If Landlord obtains any 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 9. D. The commercial general liability insurance carried by Tenant shall specifically insure that is the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, however, nothing contained in this Article 9 shall be construed to limit the liability responsibility of Tenant under this section, Landlord shall deliver to Tenant a written statement setting forth the indemnification provisions set forth cost of any such insurance and showing in said Section 8.2reasonable detail the manner in which it has been computed.

Appears in 1 contract

Samples: Office Building Lease (Xacct Technologies 1997 LTD)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!