Tenant’s Insurance. Tenant shall maintain at all times during the Term or a renewal thereof: (a) general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy; (b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement); (c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year; (d) worker’s compensation insurance and disability benefits insurance in statutory limits; (e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
Appears in 7 contracts
Samples: Lease Agreement (1847 Goedeker Inc.), Lease Agreement (1847 Goedeker Inc.), Lease Agreement (1847 Goedeker Inc.)
Tenant’s Insurance. Tenant Throughout the Term, the Tenant, at its cost, shall take out and maintain at all times during the Term or a renewal thereoffollowing insurance coverage:
(a) comprehensive general liability providing insurance covering the liability of the Tenant and Txxxxx’s Representatives with respect to the business carried on, in or from the Premises and the use and occupancy thereof for bodily injuries, including death, and property damage caused to third parties, which insurance shall have a minimum coverage of eight million five hundred thousand US dollars (US$8,500,000.00) per occurrence. The said insurance shall contain a cross-liability provision as well as a provision pursuant whereto the latest version insurer agrees to cover the liability assumed by its insured pursuant to contractual provisions;
b) all risks insurance including the perils of ISO form CG0001 fire, extended coverage, leakage from sprinkler, roof, or its equivalentplumbing, covering Tenant’s indemnity obligations under this Leaseand other fire protective devices, subject earthquake, collapse and flood with a limit at least equal to the terms and conditions replacement value (without depreciation), in each case, of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting furniture, equipment, inventory and stock in trade, fixtures and Leasehold Improvements located within the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire Premises and such other risks and hazards property located in or forming part of the Premises, including all mechanical or electrical systems (includingor portions thereof) installed by the Tenant in the Premises, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, whole for the full replacement cost value thereof (including an “agreed amount” endorsement);
(cwithout depreciation) in each such instance, as well as business Interruption interruption insurance covering base Rent and Additional Rent for a period of at least one twelve (112) yearmonths;
(c) boiler and machinery insurance; and
d) worker’s compensation all other insurance or coverage limit which the Landlord may reasonably require from time to time. The above-mentioned insurance policies shall comply with the following provisions:
a) designate the Landlord as a named insured, and disability benefits the hypothecary creditors of the Tenant and of the Landlord as additional insureds to the extent of their respective interests; all property insurance in statutory limitscoverages shall contain the standard mortgagee clause;
(eb) when Alterations be in a form which is acceptable to the Landlord and shall be taken out with authorized insurers who are reputably solvent and have a place of business in process, the Province of Québec; and
c) stipulate that the insurance specified in Section 4.02(f)may not be resiliated or modified without the insurer giving the insureds a prior notice of thirty (30) days to that effect. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 No less than ten (10) days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure Date 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 such renewal policy or a certificate thereof at least 30 ten (10) 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection renewal of any insurance moneys that may be due in policy, the event of loss and Tenant shall execute and deliver to provide the Landlord such proofs with a certificate of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount duly signed by an authorized representative of the insurer, which certificate shall confirm the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestwhich has been subscribed.
Appears in 6 contracts
Samples: Lease Agreement (FG Group Holdings Inc.), Master Asset Purchase Agreement (FG Group Holdings Inc.), Master Asset Purchase Agreement (Strong Global Entertainment, Inc.)
Tenant’s Insurance. The policies carried by Tenant hereunder shall maintain name Landlord (and Landlord’s mortgagee) as an additional insured, and such policies shall provide that no cancellation, reduction or other material changes therein shall be effective until at least thirty (30) days after mailing of written notice thereof to Landlord (and Landlord’s mortgagee). Each such policy, or a certificate thereof, shall be deposited with Landlord by Tenant not later than the date Tenant or its employees, agents or contractors first enter upon the Property, and prior to the expiration or termination of any such policies.
12.2.1 At all times during the Term or a renewal thereof:
(a) general liability providing coverage of the latest version of ISO form CG0001 or its equivalentTerm, covering Tenant will carry and maintain, at Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in processexpense, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of following insurance, in form reasonably satisfactory to Landlord issued by the insurance company amounts specified below 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing other amounts as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that reasonably request, with insurance companies and on forms satisfactory to Landlord:
(a) Bodily injury and property damage liability insurance, with a combined single occurrence limit of not less than $1,000,000. All such insurance will be on an occurrence commercial general liability ISO standard form including without limitation, personal injury and contractual liability coverage for the amount performance by Tenant of its indemnity obligations under this Lease. Such insurance shall include waiver of subrogation rights in favor of Landlord and Landlord’s management company;
(b) Insurance covering all of Tenant’s furniture and fixtures, machinery, equipment, stock and any other personal property owned and used in Tenant’s business and found in, on or about the Premises, and any leasehold improvements to the Premises in excess of any initial build-out of the Premises by the Landlord, in an amount not less than the 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, at Tenant’s election, for the repair or replacement of the property damaged or destroyed or otherwise at Tenant sees fit, however, if this Lease ceases under the provisions of Article XIII, 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;
(c) Worker’s compensation insurance insuring against and 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 include waiver of subrogation rights in favor of Landlord and Landlord’s management company;
(d) If Tenant operates owned, hired, or non-owned vehicles on the Premises, commercial automobile liability will be carried at a limit of liability not less than $1,000,000 combined bodily injury and property damage;
(e) Umbrella liability insurance in excess of the underlying coverage listed in paragraphs (a), (c) and (d) above, with limits of not less than $2,000,000 per occurrence/$2,000,000 aggregate;
(f) Loss of income and extra expense insurance and contingent business income insurance in amounts as will reimburse Tenant for direct or indirect loss of earning attributable to all perils insured against under the ISO Causes of Loss — Special Form Coverage, or attributable to prevention of access to the Premises as a result of such perils. Such insurance shall provide for an extended period of indemnity to be maintained by Tenant not less than twelve (12) months; and
(g) All insurance required under this Section 7.02 Article II shall be increased, so that issued by such good and reputable insurance companies qualified to do and doing business in the amount thereof adequately protects state in which the Premises are located and otherwise reasonably satisfactory to Landlord’s interest.
Appears in 5 contracts
Samples: Lease (ViewRay, Inc.), Lease (ViewRay, Inc.), Lease (ViewRay, Inc.)
Tenant’s Insurance. Tenant shall maintain the following insurance (“Tenant’s Insurance”), at all times during the Term or a renewal thereof:
its sole cost and expense: (a1) commercial general liability providing coverage insurance applicable to the Premises and its appurtenances providing, on an occurrence 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, 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 latest version of ISO full replacement cost thereof; (3) business income (formerly “business interruption”) insurance written on an actual loss sustained form CG0001 or its equivalentwith sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, covering Tenant’s indemnity obligations under this Lease, subject to the terms hired and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in nonowned automobiles owned or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to operated by Tenant shall be named as additional insured, with providing a minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence 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 $4,000,000 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 Five Million A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord ($5,000,000.00or any successor), per occurrence Landlord’s property manager, Landlord’s Mortgagee (if any), and aggregatetheir respective members, it principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as “additional insureds” and shall be primary with Landlord’s policy being agreed secondary and understood that such noncontributory. If any aggregate limit is reduced because of coverage may be provided losses paid to below 75% of the limit required by this Lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(bInsurance shall contain endorsements that the insurer(s) insurance against loss or damage by fire shall give Landlord and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of designees at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process30 days’ advance written notice of any change, the insurance specified in Section 4.02(f). The limits cancellation, termination or lapse of such insurance shall not limit the liability of Tenantinsurance. Tenant shall deliver provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant’s Insurance prior to Landlord the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and any additional insureds, upon renewals at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance coverage. All of Tenant’s Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to be maintained by Tenant Landlord. The limits of Tenant’s insurance shall not limit Tenant’s liability under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.
Appears in 5 contracts
Samples: Office Lease (GP Investments Acquisition Corp.), Office Lease (Rimini Street, Inc.), Office Lease (FusionStorm Global, Inc.)
Tenant’s Insurance. A. Tenant shall maintain shall, on or before the earlier of the Lease Commencement Date or the date on which Tenant first enters the Premises for any purpose, including the installation of Tenant Improvements, obtain and keep in full force and effect at all times during thereafter the Term or a renewal thereoffollowing minimum insurance coverages relating to the Premises:
(a1) general Insurance against loss or liability providing coverage of the latest version of ISO form CG0001 in connection with bodily injury, death, or its equivalentproperty damage or destruction, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in occurring on or about the BuildingPremises under one or more policies of commercial general liability insurance. Each policy shall be written on an occurrence basis and contain coverage at least as broad as that provided under the then most current Insurance Services Office (ISO) commercial general liability insurance form which provides the broadest coverage. Each policy shall specifically include the Premises and all areas, including any sidewalk contiguous sidewalks and corridors, adjoining or appurtenant to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant . The insurance coverage shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an initial amount of not less than Five Million $1.5 million per occurrence limit, $2 million general aggregate limit, $2 million personal and advertising limit, and $2 million products/completed operations limit, which coverage limits may be effected with umbrella coverage. Each policy shall also include the broad form comprehensive general liability endorsement or equivalent and, in addition, shall provide at least the following extensions or endorsements: (a) coverage for explosion, collapse, and underground damage hazards, when applicable; (b) personal injury coverage to include liability assumed under any contract; (c) a cross liability or severability of interest extension or endorsement or equivalent so that in the event that one insured files a claim against another insured under the policy, the policy affords coverage for the insured against whom the claim is made as if separate policies had been issued; (d) a knowledge of occurrence extension or endorsement so that knowledge of an occurrence by the agent, servant, or employee of the insured shall not in itself constitute knowledge by the insured, unless a managing general partner or an executive officer, as the case may be, shall have received the notice from the agent, servant, or employee; (e) a notice of occurrence extension or endorsement so that if the insured reports the occurrence of an accident to its workers’ compensation carrier and the occurrence later develops into a liability claim, the failure to report the occurrence immediately to each or any other company when reported to the workers’ compensation carrier shall not be deemed a violation of the other company’s policy conditions; (f) an unintentional errors and omissions extension or endorsement so that failure of the insured to disclose all hazards existing as of the inception date of the policy shall not prejudice the insured as to the coverage afforded by the policy, provided the failure or omission is not intentional; and (g) a blanket additional insured extension or endorsement or equivalent providing coverage for unspecified additional parties as their interest may appear with the insured.
(2) Comprehensive automobile liability insurance on an occurrence basis in an initial amount of not less than $5,000,000.00)1 million combined single limit. This policy shall be on the then most current ISO form which provides the broadest coverage written to cover all owned, hired, and non-owned automobiles. The policy shall include cross liability and severability of interest endorsements, and state that this insurance is primary insurance as regards any other insurance carried by the Landlord.
(3) All risk property insurance, including fire and lightning, extended coverage, sprinkler damage, theft, vandalism and malicious mischief, or the ISO causes of loss special form, and flood insurance (if required by Landlord, any mortgagee of the Building, or any governmental authority) in an amount adequate to cover 100% of the replacement costs, without co-insurance, of Tenant’s Property.
(4) Workers’ compensation insurance in not less than the then statutorily prescribed minimum amount required by Florida law and employer’s liability coverage of $1 million per occurrence and aggregatecovering all persons employed, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability directly or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (includingindirectly, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with Tenant’s business or the collection Tenant Improvements or any future Alterations.
(5) Business income and extra expense insurance covering the risks to be insured by the all risk property insurance described above, on an actual loss sustained basis, but in all events in an amount sufficient to prevent Tenant from being a co-insurer of any insurance moneys that may be due in loss covered under the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestapplicable policy or policies.
Appears in 4 contracts
Samples: Lease Agreement, Office Lease, Office Lease (Summit Financial Services Group Inc)
Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at all times during the Term its sole cost and expense, a policy or a renewal thereof:
(a) policies of insurance providing “commercial general liability providing liability” coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), 1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and aggregate, it being agreed and understood that such wrongful death (which limit of coverage may be provided increased by Tenant’s commercial general liability policy written notice from Landlord to correspond to any increase in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance limits specified in Section 4.02(fthe New Mexico Tort Claims Act). The limits of such All insurance shall not limit the liability of Tenant. required to be carried by Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies hereunder shall be issued by responsible insurance companies of recognized responsibility licensed acceptable to Landlord and qualified to do business in New York State and rated by the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Reports or Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any successor publication of comparable standing as A/XII or better or the then equivalent of such ratingpolicies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and all such policies shall contain (c) a provision whereby waiver by the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection insurer of any insurance moneys that may be due in the event right of loss subrogation against Landlord, its agents, employees and Tenant shall execute and deliver to Landlord such proofs representatives, which arises or might arise by reason of loss and other instruments which may be required to recover any such insurance moneysact or omission of Landlord, its agents, employees or representatives. Landlord may may, at any time and from time to time require that the amount of the time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under this Section 7.02 be increasedtheir respective insurance policies, so Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the amount thereof adequately protects Landlord’s interesttime of such loss or damage.
Appears in 4 contracts
Samples: Lease Agreement (Exagen Inc.), Lease Agreement (Exagen Inc.), Lease Agreement (Exagen Diagnostics Inc)
Tenant’s Insurance. 1. Tenant shall, during the term of this Lease, maintain insurance against public liability, including that from personal injury or property damage in or about the Premises resulting from the occupation, use or operation of the Premises, insuring both Tenant and Landlord as an additional insured, in amount of not less than One Million ($1,000,000) Dollars Combined Single Limit for both bodily injury and property damage.
2. Tenant shall maintain at insurance upon all times during property in the Term Premises owned by Tenant, or for which Tenant is legally liable, and shall provide Landlord with evidence of same. The insurances specified herein shall provide protection against perils included within the standard Florida form of fire and extended coverage insurance policy, together with insurance against vandalism and malicious mischief.
3. All policies of insurance provided for in Section 9.1 shall be issued in a renewal thereofform acceptable to Landlord by insurance companies with general policyholder’s rating of “A” as rated in the most current available “Best’s Insurance Reports” and qualified to do business in Florida. Each and every such policy:
(a) general liability providing coverage shall be issued in the name of Tenant and shall include Landlord and any other parties in interest designated in writing by notice from landlord to Tenant as additional insured;
(b) shall be for the mutual and joint benefit and protection of Landlord and Tenant and any such other parties in interest as additional insured’s;
(c) shall (or a certificate thereof shall) be delivered to Landlord and any such other parties in interest within ten (10) days before delivery of possession of the latest version of ISO form CG0001 or its equivalentPremises to Tenant and thereafter, covering Tenant’s indemnity obligations under this Lease, subject within thirty (30) days prior to the terms and conditions expiration of the each policy, against claims for bodily injury and property damageas often as any such policy shall expire or terminate, with completed operation endorsementrenewal or additional policies shall be procured and maintained in like manner and to like extent;
(d) shall contain a provision that the insurer will give to Landlord and such other parties in interest at least thirty (30) days notice in writing in advance of any cancellation, termination or lapse, or the effective date of any reduction in the amount of insurance;
(e) shall be written as a primary policy which does not contribute and is not in excess of coverage which Landlord may carry; and
(f) shall contain a provision that Landlord and any such other parties in interest, although named as an insured, shall nevertheless be entitled to recover under said policies for any occurrence loss occasioned to it, its servants, agents and employees by reason of negligence of Tenant.
4. Any insurance provided for in Section 9.1 may be maintained by means of a policy or about the Buildingpolicies of blanket insurance, including any sidewalk contiguous to or abutting the Demised Premisesprovided however, under which that: (i) Landlord and its agent and any Superior Mortgagee whose name and address have been furnished other parties in interest from time to time designated by Landlord to Tenant shall be named as an additional insured, with minimum limits of liability insured there under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million as their interests may appear; ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of ii) the coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to afforded Landlord and any additional insureds, at least 10 days prior to such other parties in interest will not be reduced or diminished by reason of the Commencement Date, use of such fully paid-for policies or certificates blanket policy of insurance, ; and (iii) the requirements set forth in form reasonably satisfactory this Article are otherwise satisfied.
5. These insurance requirements are subject to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due modification in the event any Superior Mortgagee (hereafter defined) of loss and Tenant Landlord requires different insurance. In such event, the reasonable requirements of such Superior Mortgagee shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcontrol.
Appears in 4 contracts
Samples: Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.)
Tenant’s Insurance. Tenant a. Tenant, at its expense, shall maintain at all times obtain and keep in full force and effect during the Term or a renewal thereofTerm:
(a) i. a policy of commercial general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, insurance on an occurrence basis against claims for personal injury, bodily injury and injury, death and/or property damage, with completed operation endorsement, for any occurrence damage occurring in or about the Building, including any sidewalk contiguous to or abutting the Demised PremisesComplex, under which Landlord Tenant is named as the insured and its agent (a) Landlord, (b) Landlord’s property manager, (c) any lender whose loan is secured by a lien against the Complex, (d) their respective shareholders, members, partners, affiliates and subsidiaries, successors and assigns, and (e) any Superior Mortgagee whose name and address have been furnished to Tenant shall be directors, officers, employees, agents, or contractors of such persons or entities are named as additional insuredinsureds (collectively, with the “Landlord Parties”). Such insurance shall provide primary coverage without contribution from any other insurance carried by or for the benefit of the Landlord Parties, and Tenant shall obtain blanket broad-form contractual liability coverage to insure its indemnity obligations set forth in Section 28 of the Lease Agreement. The minimum limits of liability under such policy, including products liability and completed operations, applying exclusively to the Leased Premises shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00)5,000,000; provided, per occurrence and aggregatehowever, it that Landlord shall retain the right to require Tenant to increase such coverage from time to time to that amount of insurance which in Landlord’s reasonable judgment is then being agreed and understood that customarily required by landlords for similar office space in buildings comparable to the Building. The deductible or self insured retention amount for such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policyshall not exceed $10,000;
(b) ii. insurance against loss or damage by fire fire, and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a then available standard forms of “Special Cause Form Causes of Loss form Loss” or its equivalent“All Risk” property insurance policies with extended coverage, to insuring Tenant’s movable fixtures and movable partitions, telephone and other equipment, computer systems, trade fixtures, furniture, furnishings, and other items of personal property which are removable without material damage to the Building (“Tenant’s Property”) and Alterationsall alterations and improvements to the Leased Premises (including the Leasehold Improvements constructed pursuant to Exhibit G to the Lease Agreement) to the extent such alterations and improvements exceed the cost of the improvements typically performed in connection with the initial occupancy of tenants in the Building (“Building Standard Installations”), for the full insurable value thereof or replacement cost value thereof thereof, having a deductible amount (including an “agreed or self-insured retention amount” endorsement), not in excess of $25,000;
(c) business Interruption covering base Rent and Additional Rent for a period iii. during the performance of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to alteration made after the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 until completion thereof, Builder’s Risk insurance on an “all risk” basis and on a completed value form including a Permission to Complete and Occupy endorsement, for full replacement value covering the interest of Landlord and Tenant shall deliver to Landlord (and any additional insureds such renewal policy or a certificate thereof at least 30 days before their respective contractors and subcontractors) in all work incorporated in 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, Building and all such policies shall contain a provision whereby materials and equipment in or about the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.Leased Premises;
Appears in 4 contracts
Samples: Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc)
Tenant’s Insurance. Tenant shall save Landlord harmless and indemnified from and against all injury, loss, claim or damage to any person or property while (a) on the Premises or (b), if arising out of the use or occupancy of the Premises by Tenant or Tenant’s Agents, on Landlord’s Property (unless caused by the act, neglect or default of Landlord, its employees, agents, licensees or contractors), and from and against all injury, loss, claim or damage to any person or property anywhere on the Premises or Landlord’s Property occasioned by any act, neglect or default of Tenant or Tenant’s Agents. Tenant shall maintain at all times during with respect to the Term or a renewal thereof:
(a) Premises and Landlord’s Property liability insurance equivalent to comprehensive general liability providing and property damage insurance including the broad form comprehensive general liability endorsement and a contractual liability coverage endorsement in amounts not less than $3,000,000.00 combined single limit and an annual aggregate of at least $5,000,000.00. Landlord shall have the right, from time to time, to increase said insurance amounts to amounts customarily required of tenants in comparable buildings in the greater Boston area. Such insurance shall insure Landlord and Landlord’s mortgagees as additional insureds (with respect to their respective interests in the Premises) as well as Tenant against injury to persons or damage to property as herein provided, and shall contain a provision that the Landlord and Landlord’s mortgagees, although named as additional insureds, shall nevertheless be entitled to recovery under said policy for any loss occasioned to them, their servants, agents and employees by reason of the latest version negligence of ISO form CG0001 the Tenant or its equivalent, covering Tenant’s indemnity obligations under this LeaseAgents. Tenant shall maintain, subject to the terms at its sole cost and conditions expense, fire and extended coverage insurance for all of the policyits contents, against claims for bodily injury furniture, furnishings, equipment, improvements, funds, personal property, floor coverings and property damage, with completed operation endorsement, for any occurrence in fixtures located within or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence providing protection in an amount equal to One Hundred (100%) percent of the insurable value of said items. All of Tenant’s insurance shall be with companies qualified to do business in Massachusetts, and shall be issued by insurance companies with a general policyholder’s rating of not less than Five Million ($5,000,000.00), per occurrence A- and aggregate, it being agreed and understood that such limit a financial rating of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) not less than Class X as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which most current “Best’s” Insurance Reports. Such insurance may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increaseda blanket policy or policies so-called, so provided the coverage afforded Landlord is not reduced or diminished by reason of the use of such blanket insurance policy, and provided further that the amount thereof adequately protects requirements set forth herein are otherwise satisfied. Tenant shall deposit with Landlord certificates of insurance that it is required to maintain under this Lease, at or prior to the Term Commencement Date, and thereafter, within thirty (30) days prior to the expiration of each such policy. Such policies shall provide that the policies may not be changed or cancelled without at least thirty (30) days’ prior written notice to Landlord. Tenant covenants that in the event it violates Article 35 hereof or in the event it keeps upon the Premises or Landlord’s interestProperty any substance of dangerous, inflammable or explosive character or makes any use of the Premises which increases the rate of insurance on the Premises or Landlord’s Property, Tenant shall promptly pay to Landlord upon demand any such increase resulting therefrom, which shall be due and payable as additional rent hereunder.
Appears in 3 contracts
Samples: Assignment, Assumption, Amendment and Consent, Assignment, Assumption, Amendment and Consent (Paratek Pharmaceuticals, Inc.), Assignment, Assumption, Amendment and Consent (Paratek Pharmaceuticals Inc)
Tenant’s Insurance. (i) At its sole cost and expense, Tenant shall maintain at all times in full force and effect during the Term of the lease the following insurance coverages insuring against claims which may arise from or a renewal thereof:in connection with the Tenant's operation and use of the leased premises.
(a) Commercial General Liability with minimum limits of $1,000,000 per occurrence; $3,000,000 general liability providing coverage of the latest version of ISO form CG0001 aggregate for bodily injury, personal injury and property damage.
(b) Workers' Compensation insurance with statutory limits and Employers Liability with a $1,000,000 per accident limit for bodily injury or its equivalentdisease.
(c) Automobile Liability covering all owned, covering Tenant’s indemnity obligations under this Lease, subject to the terms non- owned and conditions of the policy, against claims hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;.
(d) worker’s compensation Property insurance against all risks of loss to any tenant improvements or betterments and disability benefits insurance in statutory limits;business personal property on a full replacement cost basis with no coinsurance penalty provision; and Business Interruption Insurance with a limit of liability representing loss of at least approximately six months of income.
(eii) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days certificates of all insurance reflecting evidence of required coverages prior to the Commencement Date, such fully paid-for policies or certificates of insuranceinitial occupancy; and annually thereafter.
(iii) If, in form reasonably satisfactory to Landlord issued by the opinion of Landlord's insurance company or its authorized agent. advisor, the amount of scope of such coverage is deemed inadequate at any time during the Term, Tenant shall procure increase such coverage to such reasonable amounts or scope as Landlord's advisor deems adequate.
(iv) All insurance required under Paragraph 8.2 (i) shall be primary and pay non-contributory (ii) shall provide for renewals severability of such insurance from time to time before the expiration thereofinterests, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies (iii) shall be issued by companies of recognized responsibility insurers, licensed to do business in New York State the state in which the Premises are located and which are rated A:VII or better by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating's Key Rating Guide, and all such policies (iv) shall contain a provision whereby the same cannot be canceled, allowed endorsed to lapse or modified unless include Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse other persons or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. entities as Landlord may from time to time require that the amount designate, as additional insureds (Commercial General Liability only), and (v) shall be endorsed to provide at least 30-days prior notification of the insurance cancellation or material change in coverage to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestsaid additional insureds.
Appears in 3 contracts
Samples: Industrial Multi Tenant Lease (Smarterkids Com Inc), Industrial Multi Tenant Lease (Learningstar Inc), Industrial Multi Tenant Lease (Smarterkids Com Inc)
Tenant’s Insurance. Tenant shall maintain at all times during the Term or a renewal thereof:
(a) Tenant shall procure, pay for and keep in force throughout the Term (and for so long thereafter as Tenant remains in occupancy of the Premises) commercial general liability providing coverage insurance insuring Tenant on an occurrence basis against all claims and demands for personal injury liability (including, without limitation, bodily injury, sickness, disease, and death) or damage to property which may be claimed to have occurred from and after the time any of the latest version Tenant Parties shall first enter the Premises, of ISO form CG0001 or its equivalentnot less than Two Million Dollars ($2,000,000) per occurrence, Three Million ($3,000,000) in the aggregate, and from time to time thereafter shall be not less than such higher amounts, if procurable, as may be reasonably required by Landlord if consistent with limits carried by similar tenants at similar properties in the vicinity (but in any event such amounts shall not be increased more often than once every five years commencing at the conclusion of the fifth (5th) Rent Year). Tenant shall also carry umbrella liability coverage in an amount of no less than Five Million Dollars ($5,000,000). Such policy shall also include contractual liability coverage covering Tenant’s indemnity obligations liability assumed under this Lease, subject including without limitation Tenant’s indemnification obligations under Section 14.2 below. Such insurance policy(ies) shall name Landlord, Xxxxxxxx’s managing agent and such persons claiming by, through or under them identified by Landlord in writing, if any, as additional insureds.
(b) Tenant shall take out and maintain throughout the Term a policy of fire, vandalism, malicious mischief, extended coverage and so-called “all risk” coverage insurance in an amount equal to the terms and conditions one hundred percent (100%) of the policyreplacement cost insuring (i) all items or components of Alterations (collectively, against claims for bodily injury the “Tenant-Insured Improvements”), and (ii) all of Tenant’s furniture, equipment, fixtures and property damageof every kind, with completed operation endorsementnature and description related or arising out of Tenant’s leasehold estate hereunder, for any occurrence which may be in or about upon the Premises or the Building, including any sidewalk contiguous to or abutting without limitation Tenant’s Rooftop Equipment (collectively, “Tenant’s Property”). Such insurance shall insure the Demised Premises, under which interests of both Landlord and its agent and any Superior Mortgagee whose name and address have been furnished Tenant as their respective interests may appear from time to time.
(c) Tenant shall take out and maintain a policy of business interruption insurance throughout the Term sufficient to cover at least twelve (12) months of Rent due hereunder and Xxxxxx’s business losses during such twelve (12) month period.
(d) Tenant shall procure and maintain at its sole expense such additional insurance as may be named as additional insurednecessary to comply with any Legal Requirements.
(e) The insurance required pursuant to Sections 14.1(a), (b), (c) and (d) (collectively, “Tenant’s Insurance Policies”) shall be effected with insurers reasonably approved by Landlord, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount rating of not less than Five Million “A-/VII” in the current Best’s Insurance Reports, and authorized to do business in the Commonwealth of Massachusetts under valid and enforceable policies. Tenant s Insurance Policies shall not be canceled or modified by Tenant without at least thirty ($5,000,000.00)30) days’ prior written notice, per occurrence and aggregateten (10) days for nonpayment of premium, it being agreed and understood that such limit of coverage may be provided by to each insured named therein. Tenant’s commercial general liability policy Insurance Policies may include deductibles in conjunction with an umbrella liability amount no greater than the greater of $25,000 or excess liability commercially reasonable amounts. On or before the date on which any of the Tenant Parties shall first enter the Premises and thereafter prior to the expiration of each policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to certificates evidencing the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably coverage required hereunder with evidence satisfactory to Landlord issued by of the insurance company or its authorized agentpayment of all premiums for such policies. Tenant shall procure In the event of any claim, and pay for renewals of such insurance upon Xxxxxxxx’s request from time to time before the expiration thereoftime, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration complete copies of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by BestTenant’s Insurance Reports or any successor publication Policies. Upon request of comparable standing as A/XII or better or the then equivalent of such ratingLandlord, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount Mortgagee copies of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestforegoing documents.
Appears in 3 contracts
Samples: Lease Agreement (Replimune Group, Inc.), Lease Agreement (uniQure B.V.), Lease Agreement (uniQure B.V.)
Tenant’s Insurance. Tenant shall maintain at all times during the Term or a renewal thereof:
(a) general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies Insurance required hereunder shall be issued by companies of recognized responsibility duly licensed to do transact business in New York the State of California, and rated maintaining during the policy term a “General Policyholders Rating” of at least B+, V, or such other rating as may be required by a Lender having a lien on the Premises, as set forth in the most current issue of “Best’s Insurance Reports Guide”. Tenant shall not do or any successor publication permit to be done anything which shall invalidate the insurance policies referred to in this Section 22. Tenant shall cause to be delivered to Landlord certified copies of comparable standing as A/XII or better or the then equivalent policies of such rating, insurance or certificates evidencing the existence and all amounts of such policies insurance with the insured and loss payable clauses as required by this Lease. No such policy shall contain a provision whereby the same cannot be canceled, allowed cancelable or subject to lapse or modified unless Landlord and any additional insureds are given at least 30 modification except after thirty (30) days prior written notice of such cancellation, lapse or modificationto Landlord. Tenant shall cooperate at least thirty (30) days prior to the expiration of such policies, furnish Landlord with evidence of renewals or “insurance binders” evidencing renewal thereof, or Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand. If Tenant shall fail to procure and maintain the insurance required under this Section 22, Landlord may, but shall not be required to, procure and maintain the same, but at Tenant’s expense.
(i) Beginning on the date Tenant is given access to the Premises for any purpose and continuing until expiration of the Term, Tenant shall procure, pay for and maintain in connection with the collection effect policies of casualty insurance covering (i) all Leasehold Improvements (including any insurance moneys that alterations, additions or improvements as may be due in made by Tenant pursuant to the event provisions of loss Section 12 hereof), and Tenant shall execute and deliver to Landlord such proofs of loss (ii) trade fixtures, merchandise and other instruments which may be required to recover any such insurance moneys. Landlord may personal property from time to time require that in, on or about the Premises, in and amount not less than one hundred percent (100%) of their actual replacement cost from time to time, providing protection against any peril included within the classification “Fire and Extended Coverage” together with insurance against sprinkler damage, vandalism and malicious mischief. 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 herein, the proceeds under Section (i) above shall be paid to Landlord and the proceeds under Section (ii) above shall be paid to Tenant.
(ii) Commercial General Liability policy of insurance to be maintained by Tenant under this Section 7.02 be increased, so that protecting the amount thereof adequately protects Landlord’s interest.following as Additionally insureds Xxxxxx X.
Appears in 3 contracts
Samples: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)
Tenant’s Insurance. Tenant Tenant, at its expense, shall maintain in force at all times during the Term or a renewal thereof:
(a) and comprehensive general public liability providing insurance, which shall include coverage of the latest version of ISO form CG0001 or its equivalentfor personal liability, covering Tenant’s indemnity obligations under this Leasecontractual liability, subject to the terms and conditions of the policytenant's legal liability, against claims for bodily injury injury, death and property damage, with completed operation endorsement, for any all on an occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit basis with respect to each the business carried on in or from the Premises and Tenant's use and occupancy of the Premises, with coverage for any one occurrence in an amount or claim of not less than Five Million two million dollars ($5,000,000.002,000,000), per occurrence which insurance shall include Landlord and aggregateBeneficiary as named insured and shall protect Landlord and Beneficiary in respect of claims by Tenant as if Landlord and Beneficiary were separately insured. Such insurance shall be on terms and with insurers reasonably acceptable to Landlord. Any casualty insurance carried by Tenant and covering the Premises or Tenant's fixtures, it being agreed and understood that such limit property or equipment located in the Premises shall contain a waiver by the insurer of coverage may any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance entitled against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in processLandlord, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit Beneficiary, the liability of TenantManager and their respective partners, agents or employees. Tenant shall deliver furnish to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies certificates or certificates of insurance, in form reasonably satisfactory other evidences acceptable to Landlord issued by as to 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant and, no later than thirty (30) days prior to the date such insurance otherwise would expire, Tenant shall furnish Landlord with certificates confirming the renewal or continuation of such insurance for themselves and all others claiming under them, including the insurer, waive all rights including rights of subrogation against the other for loss, damage or liability resulting from a risk which is insured against by either party, to the extent of any recovery collectible under such insurance; provided, however, that this Section 7.02 be increased, so that waiver shall apply only when permitted by the amount thereof adequately protects Landlord’s interestapplicable policy of insurance.
Appears in 3 contracts
Samples: Lease Agreement (Security Associates International Inc), Lease Agreement (Security Associates International Inc), Lease Agreement (Security Associates International Inc)
Tenant’s Insurance. (a) The Tenant shall shall, at its sole cost and expense, take out and maintain in full force and effect, at all times during throughout the Term or a renewal thereofTerm, the followinginsurance:
(ai) “All Risks” insurance on property of every description and kind owned by the Tenant, or for which the Tenant is legally liable, or which is installed by or on behalf of the Tenant, within the Premises including, without limitation, stock- in-trade, furniture, equipment, partitions, trade fixtures and Leasehold Improvements, in an amount not less than the full replacement cost thereof from time to time; and
(ii) general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Buildingdamage insurance, including any sidewalk contiguous to or abutting the Demised Premisespersonal liability, under which Landlord contractual liability, tenants' legal liability, non-owned automobile liability, and its agent owners' and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit contractors' protective insurance coverage with respect to each the Premises, which coverage shall include the operations conducted by the Tenant in the Premises. Such policies shall be written on a comprehensive basis with coverage for any one occurrence in an amount or claim of not less than Five Million Dollars ($5,000,000.00), per occurrence . Such insurance shall provide coverage for all acts and aggregate, it being agreed and understood that such limit omissions of coverage may be provided by the Tenant’s commercial general liability policy personnel, invitees and others for whom it is responsible at law and shall not have any exclusions in conjunction with an umbrella liability or excess liability policy;respect thereof.
(b) The insurance against loss described in Articles 8.01(a)(i) and (ii) shall name the Landlord as an additional insured and shall provide that any proceeds recoverable in respect of damage to Leasehold Improvements shall be payable to the Landlord. All public liability insurance shall contain a provision for cross-liability or damage by fire and such other risks and hazards (including, burglary, theft and breakage severability of glass within interest as between the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Landlord andthe Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);.
(c) business Interruption covering base Rent and Additional Rent for a period of The Tenant shall obtain from the insurer(s) under such policies undertakings to notify the Landlord in writing at least one thirty (130) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to any cancellation thereof. The Tenant shall furnish to the Commencement Date, such fully paid-for policies or Landlord certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestpolicies.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Tenant’s Insurance. Tenant shall maintain at (a) At all times during the Term or a renewal thereof:
(a) general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policyTenant shall, against at its own expense, maintain (i) public liability insurance for claims for bodily personal injury or death and property damage, damage with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such 1,000,000 combined single limit of liability plus umbrella coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
of not less than $5,000,000; and (bii) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage extended coverage insurance on all property described in the first sentence of glass within Section 13(b) to the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period extent of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits 90 percent of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policytheir insurable value. All such policies described in subsection (a)(i) only shall name Landlord as an additional insured and shall be issued by with insurance companies of recognized responsibility licensed and on forms reasonably satisfactory to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modificationLandlord. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver shall, prior to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount Tenant's occupancy of the Premises and thereafter at Landlord's request, furnish Landlord with certificates of all insurance to be maintained by Tenant under and with evidence of payment of the premiums thereon. All such policies shall contain a clause or endorsement to the effect that they may not be terminated or amended during the Term of this Section 7.02 Lease except after thirty days' written notice thereof to Landlord. All insurance policies maintained by or on behalf of Landlord and Tenant with respect to the Premises shall include a waiver of subrogation against Landlord and Tenant on the part of the respective insurance carriers and each of the parties hereby releases the other, to the extent of the releasing party's insurance coverage, from any and all liability for any loss or damage covered by such insurance which may be increasedinflicted upon the property of such party even if such loss or damage shall be brought about by the fault or negligence of the other party, so its agents or employees; provided, however, that this release shall be effective only with respect to loss or damage occurring during such time as the amount thereof adequately protects appropriate policy of insurance shall contain a clause to the effect or otherwise provide that this release shall not affect said policy or the right of the insured to recover thereunder.
(b) Tenant shall not use or suffer or permit any other firm or person to use the Premises for any hazardous purpose or in any manner that will violate, suspend, void, make inoperative or increase the rate of any policies of insurance of any kind at any time carried by Landlord upon the Premises and the Building, fixtures and property therein. Tenant at Tenant's sole expense shall comply with all rules, orders, regulations or requirements of the board of fire underwriters, or any other similar body, having jurisdiction over the Premises. Any increase in the cost of any insurance carried by Landlord attributable to Tenant's activities on the Premises or Tenant's failure to perform and observe Tenant's obligations and covenants hereunder shall be borne by Tenant and payable to Landlord’s interest, from time to time, on demand.
Appears in 3 contracts
Samples: Lease (Brooks Automation Inc), Lease (Brooks Automation Inc), Lease (Helix Technology Corp)
Tenant’s Insurance. (a) Tenant shall maintain the following insurance at its own expense throughout the Term: (i) Property insurance including standard fire and extended coverage insurance, vandalism and malicious mischief endorsements, and “all-risks” coverage upon all times during property owned by Tenant and located in the Term or a renewal Building, in the full replacement cost thereof:
; (aii) general Commercial General Liability Insurance against any liability providing coverage arising out of the latest version of ISO form CG0001 use, occupancy or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions maintenance of the policyPremises or the Property, against claims for bodily injury which insurance may be by a blanket insurance policy and shall provide the following coverages and endorsements: personal injury, broad form property damage, with completed operation automobile (by separate policy, if necessary), premises/operations, additional insured landlord endorsement, broad form contractual liability and a cross-liability endorsement, in limits not less than Two Million Dollars ($2,000,000.00) per occurrence, with a deductible not to exceed One Hundred Thousand Dollars ($100,000.00); (iii) any other forms of insurance as Landlord may reasonably require from lime lo time in form, in amounts and for any occurrence insurance risks against which a prudent tenant would protect itself in or about similar facilities in the Building, including any sidewalk contiguous to or abutting general area of the Demised Premises, under which Landlord . Tenant acknowledges and its agent and any Superior Mortgagee whose name and address have been furnished to agrees that such property owned by Tenant shall be named as additional insuredat the sole risk and hazard of Tenant, with minimum limits of liability under such policy, including products liability and completed operations, if the whole or any part thereof shall be a combined single limit with respect destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part of said loss or damage is to each occurrence in an amount be charged to or be borne by Landlord regardless of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit any fault of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;Landlord.
(b) insurance against loss or damage by fire All policies shall (i) be taken out with insurers reasonably acceptable to Landlord, in form satisfactory to Landlord, and such other risks (ii) include Landlord and hazards any mortgagee of Landlord as additional insureds, as their interests may appear. Landlord may upon ninety (including, burglary, theft and breakage 90) days’ notice to Tenant require an increase of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of the policies carried by Tenant if Landlord reasonably deems such limits to be inadequate when compared to the then existing customary insurance shall not limit practice in the liability of Tenantarea. Tenant shall deliver provide certificates of insurance in form satisfactory to Landlord and any additional insureds, at least 10 days prior to before the Commencement Date, such fully paid-for policies or and shall provide certificates of insurance, evidencing renewal in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days timely manner before the expiration of any existing such policy. All such policies .
(c) Upon termination of this Lease pursuant to any casualty, Tenant shall be issued retain any proceeds attributable to Tenant’s personal property, trade fixtures, movable partitions, equipment and Alterations not affixed to the Premises, but Tenant shall immediately pay to Landlord any insurance proceeds received by companies of recognized responsibility licensed Tenant relating to do business in New York State the Leasehold Improvements and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or Alterations affixed to the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified Premises unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be has required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interesttheir removal.
Appears in 3 contracts
Samples: Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp)
Tenant’s Insurance. (a) The Tenant shall take out and maintain the following insurance at all times during the Term or a renewal thereofTenant’s sole expense, in such form and with such companies as the Landlord may reasonably approve:
(ai) comprehensive general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, insurance against claims for bodily injury and injury, including death, property damagedamage or loss arising out of the use and/or occupation of the Leased Premises, with completed operation endorsement, for any occurrence in or the Tenant’s business on or about the Building, including any sidewalk contiguous Leased Premises; such insurance shall identify the Landlord as an additional insured so as to or abutting indemnify and protect both the Demised Premises, under which Tenant and the Landlord and its agent shall contain a “cross liability” or “severability of interests” clause so that the Landlord and any Superior Mortgagee whose name the Tenant may be insured in the same manner and address have to the same extent as if individual policies had been furnished issued to Tenant each, and shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in for an amount of not less than Five Two Million ($5,000,000.00)2,000,000.00) Dollars in respect of any one accident and not less than Two Hundred Thousand ($200,000.00) Dollars in respect of property damage for any one accident;
(ii) all risks insurance upon its merchandise, per occurrence stock-in-trade, furnitures, fixtures and aggregateimprovements and upon all other property in the Leased Premises owned by the Tenant or for which the Tenant is legally liable, it being agreed and understood that insurance upon all glass and plate glass in the Leased Premises against breakage and damage from any cause, all in an amount equal to the full replacement value thereof, which amount in the event of a dispute shall be determined by the decision of the Landlord, acting reasonably;
(iii) boiler and machinery insurance on such limit of coverage boilers and pressure vessels as may be provided by Tenant’s commercial general liability policy installed by, or under the exclusive control of, the Tenant in conjunction with an umbrella liability or excess liability policy;the Leased Premises; and
(b) The policies of insurance against loss referred to above shall contain the following:
(i) provisions such that the Landlord is protected notwithstanding any act, neglect, or damage by fire misrepresentation of the Tenant which might otherwise result in the avoidance of a claim under such policies and such other risks and hazards (includingthat such policies shall not be affected or invalidated by any act, burglary, theft and breakage omission or negligence of glass any third party which is not within the premises) as are insurable under a Special Cause knowledge or control of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsementinsured(s);
(cii) business Interruption covering base Rent provisions that such policies and Additional Rent for a period of at least one (1) yearthe coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by the Landlord and that any coverage carried by the Landlord shall be excess coverage;
(diii) workerall property and boiler insurance referred to above shall provide for waiver of the insurer’s compensation insurance and disability benefits insurance in statutory limitsrights of subrogation as against the Landlord;
(eiv) when Alterations are in process, the insurance specified in Section 4.02(f). The limits policies of such insurance shall not limit be cancelled without the liability of Tenant. Tenant shall deliver to insurer providing the Landlord and any additional insureds, at least 10 thirty (30) days prior to the Commencement Date, written notice stating when such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies cancellation shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interesteffective.
Appears in 3 contracts
Samples: Lease Agreement (Eleven Biotherapeutics, Inc.), Lease Agreement (Viventia Bio Inc.), Lease Agreement (Viventia Bio Inc.)
Tenant’s Insurance. Tenant shall maintain procure at all times its cost and expense and keep in effect during the Term or a renewal thereof:
(a) broad form comprehensive general liability providing insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of the latest version risks arising out of ISO form CG0001 or its equivalentany activities of Tenant pursuant to Articles 7 and 8, covering Tenant’s indemnity obligations under this Lease, subject with a combined single limit of liability in an amount equal to the terms and conditions of amount set forth in the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant Summary. Such coverage shall be named in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, with minimum limits (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of liability under such policy, including products liability employees' automobile non ownership liability. Such insurance shall name Landlord and completed operationsany other party designated by Landlord as an additional insured, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued carried by companies of recognized responsibility licensed to do business in New York State California and rated which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Best’s Insurance Reports Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any successor publication other party, shall provide for severability of comparable standing interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as A/XII to any insured, shall afford coverage for all claims based on acts, omissions, injury or better damage which occurred or arose (or the then equivalent onset of such ratingwhich occurred or arose) in whole or part during the policy period, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless provide that Landlord and any additional insureds are given at least 30 days prior will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of such cancellation, lapse or modificationcoverage. Tenant shall cooperate with deliver policies of such insurance or certificates thereof to Landlord in connection with on or before the collection Commencement Date, and thereafter at least thirty (30) days before the expiration dates of any insurance moneys that may be due expiring policies; and in the event of loss and Tenant shall execute fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and deliver the cost thereof shall be paid to Landlord such proofs within five (5) days after delivery to Tenant of loss bills therefore. Tenant shall be responsible, at its cost and other instruments which may be required to recover any expense, for separately insuring Tenant's property. The amounts of such insurance moneys. Landlord may shall be subject to adjustment from time to time require that as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the insurance to be maintained general geographic location of the Building or required by Tenant under this Section 7.02 be increased, so that a lender with an interest in the amount thereof adequately protects Landlord’s interestBuilding.
Appears in 3 contracts
Samples: Office Lease (Imanage Inc), Office Lease (Imanage Inc), Office Lease (Imanage Inc)
Tenant’s Insurance. Tenant shall shall, at Tenant’s expense, procure and maintain at all times during throughout the Term of this Lease a policy or a renewal thereof:
(a) general liability providing coverage policies of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to insurance in accordance with the terms and conditions requirements set forth in Exhibit “B-1” to this Lease. All of Tenant’s insurance policies with respect to the Tenant Space shall be endorsed so as to include a waiver of subrogation in accordance with and to the full extent of Tenant’s waiver of claims with respect to the Landlord Group set forth in Section 14.1.1 of this Lease.
9.2.1 The commercial general liability policies procured by Tenant hereunder shall name Landlord and Landlord’s managing agent, and any Holders designated by Landlord as additional insureds. Prior to occupying the Tenant Space, and prior to the expiration of each such policy, against claims for bodily injury Tenant shall submit to Landlord certificates of insurance evidencing such policies (and property damage, with completed operation endorsement, for any occurrence the applicable renewals thereof) being in or about effect. All insurance policies procured hereunder shall contain a provision stating that the Building, including any sidewalk contiguous insurer shall endeavor to or abutting the Demised Premises, under which provide at least thirty (30) days’ written notice to Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be all others named as additional insured, with minimum limits insureds prior to any cancellation or material modification of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of . If Tenant does not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, a certificate or other proof of renewal or coverage from an insurance carrier at least 10 ten (10) business days prior to the Commencement Dateexpiration dates of each expiring policy, Landlord may, if Tenant has not cured such fully paid-for policies or certificates default within five (5) business days after receipt of insurancewritten notice from Landlord, in form reasonably satisfactory obtain such insurance on behalf of Tenant, and Tenant shall, within ten (10) days after Landlord’s demand therefor, pay to Landlord issued by an amount equal to the insurance company or its authorized agent. Tenant shall procure and pay for renewals cost of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration policies plus an administrative surcharge of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestten percent (10%).
Appears in 3 contracts
Samples: Turn Key Datacenter Lease (Carbonite Inc), Turn Key Datacenter Lease (Carbonite Inc), Turn Key Datacenter Lease (Carbonite Inc)
Tenant’s Insurance. Tenant shall maintain at At all times during after the Term or execution of this Lease, Tenant will carry and maintain, at its expense with insurance companies reasonably acceptable to Landlord that are rated no less than A-, Class VII, by A.M. Best Company: (i) a renewal thereof:
(a) commercial general liability providing coverage of the latest version of ISO form CG0001 insurance policy, including products/completed operations and insurance against assumed or its equivalent, covering Tenant’s indemnity obligations contractual liability under this Lease, subject to the terms and conditions for liability arising out of the policyownership, against claims for bodily injury use, occupancy or maintenance of the Premises and property damage, with completed operation endorsement, for any occurrence in or about the Buildingall areas appurtenant thereto, including any sidewalk contiguous portion of the Common Areas used by Tenant, Tenant’s invitees, contractors, employees or agents, to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit afford protection with respect to each occurrence in an amount bodily injury, death or property damage (including loss of use) of not less than Five One Million Dollars ($5,000,000.00)1,000,000) each occurrence/Two Million Dollars ($2,000,000) aggregate; (ii) a property insurance policy insuring all Above Standard improvements and fixtures in the Premises, per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass all personal property located within the premises) as are insurable under a Premises, on the “Special Cause of Loss form or its equivalentForm,” including theft coverage, to Tenant’s property and Alterations, for the full written at replacement cost value thereof with replacement cost endorsements, covering all of Tenant’s property, and business interruption coverage in an amount that will reimburse Tenant for direct or indirect loss of earnings attributable to the perils insured against under section (including an “agreed amount” endorsementi) above and this section (ii);
(c) , and other perils commonly insured against by prudent business Interruption covering base Rent and Additional Rent owners, or attributable to prevention of access to the Premises, for a period of at least one eighteen (118) year;
months; (diii) worker’s a workers’ compensation insurance policy with applicable statutory limits, including employers liability insurance with limits of not less than One Million Dollars ($1,000,000.00); (iv) automobile liability insurance with single limit coverage of at least $1,000,000 for all owned, leased/hired or non-owned vehicles; (v) if Tenant will serve or sell alcohol at the Project, a liquor liability insurance policy with minimum coverage of One Million Dollars ($1,000,000.00); and disability benefits (vi) an excess/umbrella liability policy “following form” of not less than Four Million Dollars ($4,000,000), including a “drop down” feature in case the limits of the primary policy are exhausted. Landlord may also require all Outside Contractors to provide in addition to the insurance coverages referenced above such other insurance in statutory limits;
amounts and types and with such companies as may be reasonably requested by Landlord, including, without limitation, construction all risk/builder’s risks (eincluding loss of revenue) when Alterations are insurance, owners and contractors protective liability insurance, professional errors and omissions liability insurance, and insurance covering such contractor’s equipment and tools. Each insurance policy required to be maintained hereunder by Tenant shall include an “Additional Insured Endorsement” in processfavor of Landlord, the Parkway Properties, Inc., Parkway Properties LP and Eola Capital LLC, and their direct and indirect parent companies and subsidiaries and any of their affiliated entities, successors and assigns, as well as their respective current or future directors, officers, employees, partners, members and agents. Tenant’s insurance specified in Section 4.02(f)shall be considered primary, not excess, and non-contributory with Landlord’s insurance policies. The limits Deductible amounts, if any, under such policies shall be commercially reasonable. An XXXXX 25 certificate of such insurance in the most recent edition available and reasonably satisfactory to Landlord, or certified copies of the policies, shall not limit the liability of Tenant. Tenant shall deliver be furnished to Landlord on or before the earlier of the Commencement Date or ten (10) days after execution of the Lease, reflecting the limits and any additional insuredsendorsements required herein, and renewal XXXXX 25 certificates or certified copies of renewal policies shall be delivered to Landlord at least 10 ten (10) days prior to the Commencement Dateexpiration date of any policy. Each policy shall be endorsed to provide notice of nonrenewal to Landlord and shall further provide that it may not be altered or canceled without thirty (30) days prior notice to Landlord. Landlord agrees to cooperate with Tenant to the extent reasonably requested by Tenant to enable Tenant to obtain such insurance. Landlord shall have the right to require increased limits if, in Landlord’s reasonable judgment, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agentincrease is necessary. Tenant shall procure pay all premiums and pay charges for renewals all of said policies, and, if Tenant shall fail to make any such insurance from time to time before the expiration thereofpayment when due or carry any such policy, Landlord may, but shall not be obligated to, make such payment or carry such policy, and Tenant the amount paid by Landlord, with interest thereon at the Default Rate, shall deliver be repaid to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 by Tenant within ten (10) 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such ratingfollowing demand therefor, and all such policies amounts so repayable, together with such interest, shall contain a provision whereby be deemed to constitute additional Rent hereunder. Payment by Landlord of any such premium, or the same cancarrying by Landlord of any such policy, shall not be canceled, allowed deemed to lapse waive or modified unless Landlord and release Tenant from any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver remedy available to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.
Appears in 2 contracts
Samples: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)
Tenant’s Insurance. Tenant shall maintain at all times during the Term or a renewal thereofits own cost and expense:
(a) general liability providing coverage of Comprehensive General Liability Insurance covering the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, Premises on an occurrence basis with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insureda deductible not exceeding $5,000.00, with minimum limits of liability under in an amount equal to One Million ($1,000,000.00) Dollars for bodily injury, personal injury or death to any one person and Two Million ($2,000,000.00) Dollars for bodily injury, personal injury or death to more than one (1) person, or a single limit of Two Million ($2,000,000.00) Dollars for bodily injury, personal injury or death per occurrence, and with a separate limit of Two Million ($2,000,000.00) Dollars for Products/Completed Operations per occurrence, and Two Hundred Fifty Thousand ($250,000.00) Dollars with respect to damage to property by water or otherwise, such policy shall name Landlord, the holder of any mortgage and/or over, ground or master lease on all or any portion of Landlord’s interest in the Land and/or Building, as additional named insureds to the extent of Tenant’s acts or omissions or the acts or omissions of Tenants’ contractors, agents, its and their employees and its guests, customers or invitees and shall provide that the same may not be cancelled or terminated without at least thirty (30) days written notice to Landlord and the additional named insureds by the insurance company issuing such policy, including products and that no act or omission to act of Tenant shall invalidate such insurance as to Landlord and the other additional named insureds;
(b) Worker’s Compensation and Employer’s Liability Insurance in accordance with the laws of the State of New York;
(c) Umbrella liability and completed operations, shall be a combined single limit insurance with respect to each occurrence maximum limits of liability in an amount of not less than equal to Five Million ($5,000,000.00), ) Dollars per occurrence and with a Five Million ($5,000,000.00) Dollar minimum aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;; and
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement DateWhen required by Landlord, such fully paid-for policies or certificates of insurance, other insurance against other insurable hazards and in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing amounts as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increasedcommonly and customarily insured against and are generally available for tenants in first-class office buildings in Nassau County, so that the amount thereof adequately protects Landlord’s interestNew York.
Appears in 2 contracts
Samples: Lease Agreement (ProPhase Labs, Inc.), Lease Agreement (ProPhase Labs, Inc.)
Tenant’s Insurance. Throughout the Term, Tenant at its sole cost and expense shall maintain at all times during keep or cause to be kept for the Term or a renewal thereof:
mutual benefit of Landlord, and Landlord’s Property Manager, if any, and Tenant the following insurance: (ai) commercial general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenantinsurance naming Landlord and Landlord’s indemnity obligations under this Lease, subject to the terms Property Manager as additional insureds against any and conditions of the policy, against all claims for bodily injury and property damagedamage occurring on, with completed operation endorsement, for any occurrence in or about the BuildingPremises and on, including any sidewalk contiguous to in or abutting about the Demised Premisesadjoining driveways and passageways, under which Landlord arising out of and its agent connection with the use of Premises by Tenant, Tenant’s agents, contractors, employees, guests, customers, or invitees, and any Superior Mortgagee whose name and address have been furnished to anyone else for whom Tenant shall be named as additional insuredis legally responsible, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect coverage of at least $2,000,000.00 per occurrence and $5,000,000.00 aggregate limit (and if Tenant has other locations that it owns or leases, the policy shall include an aggregate limit per location endorsement), and which shall insure Tenant’s performance of the indemnity provisions contained herein, and in no event shall the limits of such insurance be considered as limiting the liability of Tenant under this Lease; (ii) personal property insurance insuring all equipment, trade fixtures, inventory, fixtures and personal property owned by Tenant and located on or in the Premises for perils covered by the causes of loss-special form (all risk), such insurance to each occurrence be written on a replacement cost basis in an amount equal to full replacement value of the aggregate of the foregoing property; (iii) workers’ compensation insurance in accordance with statutory law and employers’ liability insurance with a limit of not less than Five Million $100,000.00 per employee and $500,000.00 per occurrence; and ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that iv) such limit of coverage other insurance as may be provided required by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f)applicable law. The limits of such insurance shall not limit the liability of Tenant. policies required to be maintained by Tenant shall deliver be with companies rated A- or better according to reasonable standards established by Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before and as described in the expiration thereofmost current issue of Best’s Insurance Reports (or if Best’s ratings are changed or discontinued, the parties shall agree to a comparable method of rating insurance companies) and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility which are licensed to do business in New York State and rated by Best’s Insurance Reports or the state in which the Premises are located. Any deductible amounts under any successor publication of comparable standing as A/XII or better or insurance policies required under this Section 17.01 shall not exceed $15,000.00. Not more frequently than once each year, Landlord may require the then equivalent limits of such ratingpolicies to be increased if in its reasonable judgment (or that of its mortgagee or lender), and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modificationcoverage is insufficient. Tenant shall cooperate with neither have nor make any claim against Landlord in connection with for any loss or damage to any personal property of Tenant or its agents, employees, guests, customers, contractors, or invitees, regardless of the collection cause thereof. The proceeds from any such policies covering personal property shall be used by Tenant for the replacement of any insurance moneys that may be due in the event of loss and Tenant’s personal property. Tenant shall execute have the right to provide insurance coverage which it is obligated to carry pursuant to the terms hereof in a blanket or umbrella policy, provided such blanket or umbrella policy expressly affords coverage to the Premises and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestProperty Manager as required by this Lease.
Appears in 2 contracts
Samples: Office Lease (Ncino, Inc.), Office Lease (Ncino, Inc.)
Tenant’s Insurance. Tenant shall maintain with respect to the Premises and the Building of which the Premises are a part (i) casualty insurance covering all of Tenant’s fixtures, equipment and personal property, in an amount at all times during least equal to the Term or a renewal thereof:
full replacement cost; and (aii) commercial general liability providing coverage of insurance covering the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, insured against claims for of bodily injury, personal injury and property damage, with completed operation endorsement, for any occurrence in damage arising out of Tenant’s operations or about use of the Premises or the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to performance by Tenant shall be named as additional insuredof the indemnities set forth herein, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each per occurrence in an amount of not less than Five Million $3,000,000.00 ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that or such limit of coverage higher limits as is or may be provided reasonably required by TenantLandlord based upon inflation, increased liability awards, recommendations of Landlord’s commercial mortgagee or professional insurance advisors and which is consistent with what comparable tenants are paying in the general liability policy locale of the Building) and $5,000,000.00 in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policyaggregate. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 shall be increasedwith responsible companies qualified to do business in Massachusetts and in good standing therein insuring Landlord (and, so if requested, Landlord’s lender(s) ) as additional insured, as well as Tenant, against injury to persons or damage to property as provided above. Tenant shall deposit with Landlord certificates for such insurance at or prior to the commencement of the Term, and thereafter no later than thirty (30) days after Landlord’s request for same (not more than once per calendar year). All such insurance certificates shall provide that the amount thereof adequately protects Landlord’s interestinsurer will endeavor to mail thirty (30) days’ prior written notice to each insured named therein prior to such policies being canceled or modified in any material respect but its failure to do so shall impose no obligation or liability of any kind or nature upon Tenant, the insurer or their agents or representatives.
Appears in 2 contracts
Samples: Lease Agreement (NxStage Medical, Inc.), Lease Agreement (NxStage Medical, Inc.)
Tenant’s Insurance. Tenant shall shall, at its own expense and cost, maintain at all times the following policies of insurance in full force and effect during the Lease Term or a renewal thereofand any Extension Period:
(a) Property insurance insuring against loss or damage resulting from all-risk perils with respect to the building structures on the Leased Premises in an amount not less than 100% of the full insurance replacement cost thereof.
(b) Business interruption insurance insuring against loss of income resulting from the same perils described above in an amount not less than one year of total Base Monthly Rent and Additional Rent, calculated at the rate payable during the next ensuing year of the Lease Term.
(c) Comprehensive general liability providing coverage insurance applying to the use and occupancy of the latest version Leased Premises, or any part thereof, and the business operated by Tenant on the Leased Premises. Such insurance shall include Broad Form Contractual liability insurance coverage insuring all of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address . The general liability coverage shall have been furnished to Tenant shall be named as additional insured, with a minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one million dollars (1$1,000,000) year;
and a general aggregate limit of two million dollars (d$2,000,000) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, except products liability as to which the insurance specified in Section 4.02(faggregate liability is $1,000,000). The limits Company will maintain a $1,000,000 all risks umbrella policy. Such coverage may be subject to a deductible not in excess of such insurance one hundred thousand dollars ($100,000) (except for products liability coverage as to which the deductible shall not limit the liability of Tenant. Tenant shall deliver to Landlord be in a reasonable and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policycustomary amount). All such policies shall be issued by companies of recognized responsibility licensed written to do business in New York State apply to all bodily injury, property damage, personal injury and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or other covered loss, however occasioned, occurring during the then equivalent of such rating, policy term and all such policies shall contain a provision whereby the same cannot be canceled, allowed endorsed to lapse or modified unless add Landlord and any Lender with a first lien mortgage as an additional insured and to provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess insurance only. All such insurance shall provide for severability of interest; shall provide that an act or omission of one of the named insureds are given at least 30 days prior written notice shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of such cancellation, lapse which occurred or modificationarose) in whole or in part during the policy period. Tenant shall cooperate also maintain workers’ compensation insurance in accordance with Landlord in connection applicable law and employers’ liability insurance with the collection of any insurance moneys coverage no less than that may be due customarily maintained by similar employers 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 recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestarea.
Appears in 2 contracts
Samples: Industrial Real Property Lease (Thermadyne Australia Pty Ltd.), Industrial Real Property Lease (Thermadyne Australia Pty Ltd.)
Tenant’s Insurance. (a) Tenant shall maintain at all times during the Term or (i) “all risk” property insurance covering all present and future Tenant’s Property, Fixtures and Tenant’s Improvements and Betterments to a renewal limit of not less than the full replacement cost thereof:
, (aii) commercial general liability providing coverage insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the latest version Premises and the conduct or operation of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damagebusiness therein, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent each Superior Lessor and any Superior Mortgagee whose name and address shall have been furnished to Tenant shall be named Tenant, as additional insuredinsureds, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million $10,000,000 combined single limit for bodily injury and property damage liability in any one occurrence, and ($5,000,000.00)iii) boiler and machinery insurance, per occurrence if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises, with Landlord and aggregate, it being agreed each Superior Lessor and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire Superior Mortgagee whose name and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, address shall have been furnished to Tenant’s property , as additional insureds, with limits of not less than $10,000,000 and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(eiv) when Alterations are in process, the insurance specified in Section 4.02(f)5.02(f) hereof. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any other additional insureds, at least 10 ten (10) days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 other additional insureds such renewal policy or a certificate thereof at least 30 thirty (30) days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed approved to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII A-/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days thirty (30) days’ prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Fixtures and Improvements and Betterments shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear and Tenant shall have the right to receive the proceeds paid with respect to Tenant’s Property of any policy maintained by Tenant to provide insurance of Tenant’s Property. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys 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 recover any such insurance moneysmonies. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 8.02 be increased, so that the amount thereof adequately protects Landlord’s interestinterest but such increase shall not be in excess of 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 the insurance required to be maintained by Tenant hereunder may be carried under a blanket policy covering the Premises and other locations of Tenant, if any, provided that (x) the coverages and limits applicable to the Premises are separately stated in amounts not less than the amounts required hereunder and (y) the coverage afforded under such blanket policy allocable to the Premises shall not be less than the coverage which would have been afforded had such insurance not been covered under a blanket policy.
(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, (ii) commercial general liability insurance and (iii) any other form of insurance, and in such amounts, as is carried by prudent owners of similar properties. Landlord shall be deemed to have satisfied the foregoing obligation of this Section 8.02(b) if Landlord maintains the insurance required by the Xxxxxxxxx.
Appears in 2 contracts
Samples: Lease (Yext, Inc.), Lease (Yext, Inc.)
Tenant’s Insurance. Tenant shall shall, at its own cost and expense, secure and maintain at all times during the Term or following insurance with insurers reasonably acceptable to Landlord: (i) commercial property insurance written on a renewal thereof:
“special causes of loss” form providing fire and extended coverage insurance, including without limitation sprinkler damage, for the full replacement value of the contents of the Premises, including without limitation Tenant’s improvements, plate glass, furniture, fixtures, equipment and inventory; (aii) commercial general liability providing insurance including without limitation coverage of the latest version of ISO form CG0001 or its equivalent, for contractual liability covering Tenant’s indemnity obligations under this Leasehereunder in which the limits of liability shall not be less than three million dollars ($3,000,000) per occurrence, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord ; and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(biii) insurance against loss or damage by fire and such other risks and hazards (includinginsurance coverage, burglary, theft and breakage limits and/or endorsements as Landlord or any mortgagee of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form Property may reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance require from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policytime. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State primary and rated by Bestnon-contributing with any coverage that Landlord may carry, shall name Landlord (and/or Landlord’s Insurance Reports or any successor publication of comparable standing mortgagees and/or managing agent, if requested) as A/XII or better or the then equivalent of such ratingadditional insured, and all such policies shall contain a provision whereby the same canprovide for Landlord to receive written notice at least thirty (30) days prior to any material alteration or cancellation. Such insurance may not be canceled, allowed to lapse carried under a blanket policy or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modificationpolicies. The commercial general liability policy carried by Tenant shall have a deductible no greater than $25,000.00. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver furnish to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that upon ten (10) days request a current Certificate of Insurance, evidencing the coverage and endorsements above required, failing which Landlord shall have the right, but not the obligation, to purchase the required insurance on Tenant’s behalf and one hundred ten percent (110%) of the amount of the insurance to incurred shall be maintained by due from Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestas Additional Rent.
Appears in 2 contracts
Samples: Deed of Lease (DTLR Holding, Inc.), Deed of Lease (DTLR Holding, Inc.)
Tenant’s Insurance. Tenant shall maintain procure at all times its cost and expense and keep in effect during the Term or a renewal thereof:
(a) broad form comprehensive general liability providing insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of the latest version risks arising out of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject any activities of Tenant pursuant to the terms Articles 7 and conditions of the policy, against claims for bodily injury and property damage8, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence of liability in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of equal to the amount set forth in the Summary. Such coverage may shall be provided by Tenant’s commercial in a comprehensive general liability policy in conjunction form with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one the following endorsements to the extent such endorsements are generally available: (1i) year;
deleting any employee exclusion on personal injury coverage, (dii) worker’s compensation insurance including employees as additional insureds, (iii) providing for blanket contractual coverage and disability benefits insurance in statutory limits;
broad form property damage coverage, (eiv) when Alterations are in processdeleting any liquor liability exclusions, the insurance specified in Section 4.02(f)and (v) providing for coverage of employees' automobile non ownership liability. The limits of such Such insurance shall not limit the liability of Tenant. Tenant shall deliver to name Landlord and any other party designated by Landlord as an additional insuredsinsured, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued carried by companies of recognized responsibility licensed to do business in New York State California and rated which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Best’s Insurance Reports Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any successor publication other party, shall provide for severability of comparable standing interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as A/XII to any insured, shall afford coverage for all claims based on acts, omissions, injury or better damage which occurred or arose (or the then equivalent onset of such ratingwhich occurred or arose) in whole or part during the policy period, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless provide that Landlord and any additional insureds are given at least 30 days prior will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of such cancellation, lapse or modificationcoverage. Tenant shall cooperate with deliver policies of such insurance or certificates thereof to Landlord in connection with on or before the collection Commencement Date, and thereafter at least thirty (30) days before the expiration dates of any insurance moneys that may be due expiring policies; and in the event of loss and Tenant shall execute fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and deliver the cost thereof shall be paid to Landlord such proofs within five (5) days after delivery to Tenant of loss bills therefore. Tenant shall be responsible, at its cost and other instruments which may be required to recover any expense, for separately insuring Tenant's property. The amounts of such insurance moneys. Landlord may shall be subject to adjustment from time to time require that as requested by Landlord based upon Landlord's determination of the amount of such insurance generally required for comparable tenants, premises and buildings in the insurance to be maintained general geographic location of the Building or required by Tenant under this Section 7.02 be increased, so that a lender with an interest in the amount thereof adequately protects Landlord’s interestBuilding.
Appears in 2 contracts
Samples: Office Lease (Avantgo Inc), Office Lease (Avantgo Inc)
Tenant’s Insurance. Tenant, at its expense, shall maintain during the Lease Term the following insurance, at Tenant’s sole cost and expense: (1) commercial general liability insurance (and, if necessary, commercial excess liability insurance) applicable to the Premises and its appurtenances providing a minimum combined single limit of not less than $2,000,000 per occurrence with an annual aggregate of not less than $2,000,000; and if Tenant stores property of others for a fee, Tenant shall maintain warehouse operator’s legal liability insurance for the full value of the property of such customers as determined by the warehouse contract between Tenant and its customer; (2) all risk or special form property insurance covering the full replacement cost of all property, Tenant-Made Alterations, Trade Fixtures, and improvements installed or placed in the Premises by Tenant with a deductible not to exceed $1,000 per occurrence (unless otherwise agreed in writing by Landlord); (3) business interruption insurance with a limit of liability representing loss of at all times during least approximately 6 months of income; (4) workers’ compensation insurance as required by the Term state in which the Premises is located and in amounts as may be required by applicable statute; (5) employers liability insurance of at least $1,000,000; and (6) business automobile liability insurance (and, if necessary, commercial excess liability insurance) having a combined single limit of not less than $2,000,000 per accident insuring Tenant against liability arising out of the ownership maintenance or use of any owned, hired or nonowned automobiles. Such policies shall be for a renewal thereof:
term of at least one year, or the length of the remaining term of this Lease, whichever is less. Any company writing any of Tenant’s insurance shall have an A.M. Best rating of not less than A-VII and the general liability policy shall be endorsed to provide primary and noncontributory coverage to Landlord (any policy issued to Landlord providing duplicate or similar coverage shall be deemed excess over Tenant's policies). All commercial general liability and, if applicable, warehouse operator’s legal liability insurance policies shall name Tenant as a named insured and Landlord, its property manager, and other designees of Landlord as the interest of such designees shall appear, as additional insureds. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include (a) general a waiver of subrogation endorsement and (b) coverage for liability providing coverage assumed under this Lease as an "insured contract" for the performance of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s 's indemnity obligations under this Lease, subject to . If the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of general liability under such policy, including products liability and completed operations, shall be insurance contains a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregategeneral aggregate limit, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, shall apply separately to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f)this Premises. The limits and types of insurance maintained by Tenant shall not limit Tenant’s liability under this Lease. Tenant shall provide Landlord with certificates of such insurance shall not limit (including copies of all required endorsements) as required under this Lease prior to the liability earlier to occur of Tenant. the Commencement Date or the date Tenant shall deliver to Landlord is provided with possession of the Premises, and any additional insureds, thereafter upon renewals at least 10 days prior to the Commencement Date, such fully paid-for policies or expiration of the insurance coverage. Acceptance by Landlord of delivery of any certificates of insurance, in form reasonably satisfactory to insurance does not constitute approval or agreement by Landlord issued by that the insurance company requirements of this section have been met, and failure of Landlord to identify a deficiency from evidence provided will not be construed as a waiver of Tenant’s obligation to maintain such insurance. In the event any of the insurance policies required to be carried by Tenant under this Lease shall be cancelled prior to the expiration date of such policy, or its authorized agent. if Tenant shall procure and pay for renewals receives notice of any cancellation of such insurance policies from time the insurer prior to time before the expiration thereofdate of such policy, Tenant shall: (a) immediately deliver notice to Landlord that such insurance has been, or is to be, cancelled, (b) shall promptly replace such insurance policy in order to assure no lapse of coverage shall occur, and Tenant (c) shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing insurance (including copies of all required endorsements) for such replacement policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any The insurance moneys 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 recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects hereunder are only Landlord’s interestminimum insurance requirements and Tenant agrees and understands that such insurance requirements may not be sufficient to fully meet Tenant’s insurance needs.
Appears in 2 contracts
Samples: Standard Industrial Multi Tenant Lease (iPower Inc.), Standard Industrial Multi Tenant Lease (iPower Inc.)
Tenant’s Insurance. (a) Tenant shall maintain covenants and agrees that from and after the Commencement Date (or the date of early access or delivery of the Premises to Tenant if earlier), and at all times during the Term or a of this Lease and any renewal thereof, if applicable, Tenant, at its sole expense, shall obtain and keep in force the following insurance:
(ai) “All Risk” insurance insuring all Tenant alterations and improvements, including without limitation, Tenant’s Work, Tenant’s interest in the Premises and all property located in the Premises, including furniture, equipment, fittings, installations, fixtures, signs, supplies and all other personal property (collectively, “Tenant’s Property), leasehold improvements and Tenant’s Changes in an amount equal to the full replacement value; it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property;
(ii) Business Interruption insurance in an amount at least equal to the rental value of the Premises for at least twenty-four (24) months (that is, the aggregate amount of all Rent and other consideration pay able under this Lease by Tenant);
(iii) Commercial general liability providing insurance written on an occurrence basis including personal injury, bodily injury, broad form property damage, contractual liability, with a cross liability clause and a severability of interests clause to cover Tenant’s indemnities set forth herein, and products and completed operations liability, in limits not less than $1,000.000 inclusive per occurrence and $2,000,000 per location annual aggregate, or such higher limits as Landlord may require from time to time during the Term and such insurance policies will be written as primary policies, not contributing with and not supplemental to the coverage that Landlord may carry and will not be subject to a deductible and umbrella liability insurance in excess of the latest version underlying coverage listed in herein, with limits of ISO not less than $10,000,000 per occurrence/$10,000,000 aggregate;
(iv) Worker’s Compensation and Employer’s Liability insurance, with a waiver of subrogation endorsement, in form CG0001 or its equivalent, covering and amount as required by applicable Law;
(v) in the event Tenant performs any Tenant’s indemnity obligations under this LeaseChanges or repairs in the Premises, subject to Builder’s Risk insurance on an “All Risk” basis (including collapse) on a completed value (non-reporting) form for full replacement value covering all work incorporated in the terms Property and conditions all materials and equipment in or about the Premises;
(vi) Auto Liability Insurance for owned, hired, or non-owned vehicles with a limit of the policy, against claims liability not less than $1,000,000 combined limit for bodily injury and property damage; and
(vii) any other form or forms of insurance or any changes or endorsements to the insurance required herein, consistent with completed operation endorsementthat of comparable buildings, for as Landlord, or any occurrence mortgagee or lessor of Landlord, may reasonably require, from time to time, in form or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;amount.
(b) The insurance against loss or damage required in this Article 14 above shall be subject to the following provisions:
(i) Tenant shall have the right to include the insurance required by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable this Section 14.01 under a Special Cause of Loss form or its equivalent, to Tenant’s property policies of “blanket insurance,” provided that no other loss which may also be insured by such blanket insurance shall affect the insurance coverages required hereby and Alterationsfurther provided that Tenant delivers to Landlord a certificate specifically stating that such coverages apply to Landlord, for the full replacement cost value thereof (including an “agreed amount” endorsement);Premises, the Building and the Property.
(cii) All such policies of insurance or certificates thereof shall name Landlord, Landlord’s manager, and all mortgagees and lessors of Landlord, of which Tenant has been notified, including without limitation, the parties specified on Exhibit B annexed hereto and made a part hereof, as additional insureds, all as their respective interests may appear. All insurance required under this Section 14.01 shall be issued by such good and reputable insurance companies acceptable to Landlord and qualified to do and doing business Interruption covering base Rent in the State of Kentucky and Additional Rent for having a period rating not less than A:VIII as rated in the most current copy of at least one (1) year;A.M. Best’s Insurance Report in a form satisfactory to Landlord.
(diii) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insuredscertificates with copies of insurance policies, at least 10 together with satisfactory evidence of payment of premiums for such policies, simultaneously with delivery of execution counterparts of this Lease to Landlord and, with respect to renewals of such policies, not later than five (5) days prior to the Commencement Date, such fully paidend of the expiring term of coverage. All policies of insurance shall be primary and non-for contributory.
(iv) All policies or and certificates of insurance, in form reasonably satisfactory to Landlord issued shall (A) contain an agreement by the insurance company insurers that the policies will not be invalidated as they affect the interests of Landlord and Landlord’s mortgagees by reason of any breach or its authorized agentviolation of warranties, representations, declarations or conditions contained in the policies and (B) include a clause or endorsement denying the insurer any rights of subrogation against Landlord. Tenant shall procure notify Landlord and pay any mortgagee or lessor of Landlord in writing, by certified U.S. mail, return receipt requested, not less than thirty (30) days before any material change, reduction in coverage, cancellation, including cancellation for renewals nonpayment of premium, or other termination thereof or change therein.
(c) If Tenant shall hire or bring a contractor onto the Premises or the Property to perform any Tenant’s Changes or other work, Tenant agrees to have a written agreement with such contractor whereby it will be required to carry the same insurance coverages for Commercial General Liability, Auto and Worker’s Compensation and Employer’s Liability insurance required pursuant to this Section 14.01. Tenant shall also require that such contractors insurance meet the additional terms as required of Tenant herein with regards to adding Landlord and Landlord’s manager and mortgagee(s) as additional insureds, maintaining primary and non-contributory coverage, waiving all rights of recovery and subrogation, and making certificates of insurance available as evidence of all policies during the term of their work and in advance of all applicable renewals.
(d) Landlord shall not be required to carry insurance of any kind on Tenant’s Changes or Tenant’s Property, and Tenant hereby agrees that Tenant shall have no right to receive any proceeds from time any property insurance policies carried by Landlord.
(e) Tenant shall not knowingly conduct or permit to time before be conducted in the expiration thereofPremises any activity, or place any equipment in or about the Premises, the Building or the Property, which will invalidate the insurance coverage in effect or increase the rate of casualty insurance or other insurance on the Premises, the Building or the Property, and Tenant shall deliver comply with all requirements and regulations of Landlord’s casualty and liability insurer. If any invalidation of coverage or increase in the rate of casualty insurance or other insurance occurs or is threatened by any insurance company due to Landlord and any additional insureds act or omission by Tenant, or its agents, employees, representatives or contractors, such renewal policy statement or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies threat shall be issued by companies conclusive evidence that the increase in such rate is due to such act of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better Tenant or the then equivalent of such ratingcontents or equipment in or about the Premises, and all such policies shall contain as a provision whereby the same cannot be canceledresult thereof, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection be liable for such increase and such amount shall be considered Additional Rent payable with the collection next monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building any insurance moneys that may be due dangerous, noxious, radioactive or explosive substance.
(f) Landlord shall take all reasonably prudent measures and safeguards to prevent any injury, loss or damage to persons or property in the event of loss and an incident in the Premises.
(g) Landlord shall not be liable for any injury or damage to persons or property resulting from unknown fire, explosion, falling plaster, steam, gas, electricity, electrical or electronic emanations or disturbance, water, rain or snow or leaks from any part of the Building or the Property or from the pipes, or caused by dampness or mold, vandalism, theft, malicious mischief, operations in the construction of any private, public or quasi-public work, any latent defect in the Building or in the Premises, any temporary closing or darkening of any windows of the Premises or any inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to above or by any other cause of whatever nature, except to the extent of Landlord’s gross negligence or willful misconduct. Tenant shall execute take all reasonably prudent measures and deliver safeguards to Landlord such proofs prevent any injury, loss or damage to persons or property in the event of loss an incident in the Premises.
(h) Any insurance limits required by this Lease are minimum limits only and other instruments which may be required not intended to recover restrict the liability imposed on Tenant or any such insurance moneys. Landlord may from time to time require that contractor for work performed under the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcontract or otherwise.
Appears in 2 contracts
Samples: Lease Agreement (Wayfair Inc.), Lease Agreement (Wayfair LLC)
Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term or a renewal thereoffollowing:
(ai) general liability providing coverage of the latest version of ISO form CG0001 or its equivalentCGL Insurance, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policyfor personal injury, against claims for bodily injury (including wrongful death) and damage to property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million $5,000,000.00 per occurrence, $5,000,000.00 annual aggregate, insuring against any and all liability of the insured with respect to the Premises and Tenant’s Off-Premises Equipment, or arising out of the maintenance, use or occupancy thereof, and personal and advertising injury coverage, which policy also shall ($5,000,000.00B) provide that defense will be provided as an additional benefit (and not included within the limit of liability), per occurrence (C) include a Host Liquor Liability endorsement or coverage that covers bodily injury or property damage arising out of the serving or distribution of alcoholic beverages by a party not engaged in this activity as a business enterprise, and aggregate(D) shall name Landlord, it being agreed and understood Landlord’s property management company, as additional insured. The separation of insured language included in the policy shall not be modified, and the definition of “insured contract” shall not be modified to delete the sole negligence of Landlord. If the use and occupancy of the Premises include any activity or matter that such limit of coverage is or may be provided by Tenant’s excluded from coverage under a commercial general liability policy [e.g., the sale, Service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in conjunction such amounts as Landlord may reasonably require.
(ii) Business Automobile Liability Insurance, with a combined single limit of $1,000,000, , which policy shall include liability arising out of operation of, leased, rented, borrowed, hired and non-owned vehicles.
(iii) Causes of loss-special form property insurance, covering the full replacement value (without depreciation) of (A) all alterations and improvements in the Premises made by Tenant, (B) all furniture, fixtures, equipment and other personal property owned or used by Tenant in the Premises, (C) all property placed in the Complex (other than the Premises) by or on behalf of Tenant, including Tenant’s Off-Premises Equipment, (D) any Alterations made by Tenant pursuant to the terms of this Lease, and (E) any non-Building standard improvements made to the Premises by Landlord for Tenant’s benefit. Such policy shall name Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as “insured as their interests may appear”, and include an ordinance or law coverage endorsement. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Section 15). No lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property.
(iv) Workers’ Compensation Insurance, minimum limit as required by applicable laws, and Employer’s Liability Insurance, with limits of liability not less than $1,000,000.00, each accident; $1,000,000.00, disease policy limit; and $1,000,000.00, disease each employee (and if Tenant maintains a policy of umbrella liability or excess liability policy;insurance, such policy must also provide umbrella or excess liability coverage for Tenant’s policy of Employer’s Liability Insurance).
(bv) Business Income and Extra Expense Coverage for not less than twelve (12) months of income and ongoing expenses.
(vi) In the event Tenant performs any alterations or repairs in, on, or to the Premises, Tenant shall maintain an “all risks” Builder’s Risk insurance against policy with completed value (“non-reporting”) coverage of all work incorporated into the Building and all materials and equipment used in such work, on a replacement cost basis, including business income coverage, which expressly states that “covered causes of loss means risks of direct physical loss to covered property, except those causes of loss listed in the exclusions”. No protective safeguard warranties may be added to the policy without Landlord’s prior written consent
(vii) Such other insurance or damage any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any Mortgagee or lessor of Landlord, may reasonably require from time to time. Tenant’s insurance shall provide primary coverage to Landlord and shall not require contribution by fire any insurance maintained by 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. If Tenant maintains an Umbrella Liability Insurance policy, such policy shall (i) be written on an umbrella basis in excess over (ii) have inception and expiration dates the same as the CGL policy. Tenant shall furnish to Landlord certificates of such insurance, with an additional insured endorsement in form CG 20 26 07 04 (or another equivalent form approved in writing by Landlord), and such other risks evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and hazards prior to each renewal of said insurance. All such insurance policies shall be in form, and issued by companies licensed to do business in the State (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(fdefined below). The It is expressly understood and agreed that the foregoing minimum limits of such insurance coverage shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies its acts or certificates of insurance, omissions as provided in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.
Appears in 2 contracts
Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)
Tenant’s Insurance. Tenant shall maintain shall, at all times during its own expense, keep the Term or a renewal thereof:
Premises insured throughout the term of this Lease: (a) under a general commercial liability providing coverage insurance in which Landlord shall be an additional insured, insuring the Landlord against any and all liability or claims of the latest version of ISO form CG0001 liability arising out of, occasioned by or its equivalentresulting from any accident, covering Tenant’s indemnity obligations under this Leasecause, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence event or other happening or otherwise in or about the Building, including Premises for injuries to any sidewalk contiguous person or persons and for damage to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum property for limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), 1,000,000.00 per occurrence and $2,000,000 annual aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
additional $5,000,000.00 umbrella; (b) a commercial property insurance policy insuring the Premises, including the Tenant’s improvements to the same for a limit of Insurance not less than 100% of the then insurable value of the Premises and the Tenant’s personal business property upon the Premises, against any loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available in commercially reasonable amounts specified by Landlord but not less than 100% of the then insurable value of the Premises; and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption Business Auto Liability covering base Rent owned, non-owned and Additional Rent for hired vehicles with a period combined single limit of not less than $1,000,000.00 per accident; and (d) insurance protecting against liability under Worker’s Compensation Laws with limits at least as required by statute. All insurance provided by Tenant shall be carried in favor of Tenant, Landlord, and the holder of any mortgage as their respective interests may appear and shall name Landlord and the holder of any mortgage as additional insureds. The loss under such policies insuring against damage to the Premises by fire or other casualty shall be payable to the Landlord and the holder of any mortgage as their interests may appear. All insurance required by any provision of this Lease shall be issued by such responsible insurance companies licensed or authorized to do business in the State of New Jersey and having a rating of “A-“ or better. All policies referred to in this Lease shall be in such form reasonably acceptable to Landlord and shall be obtained by Tenant for periods of not less than one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
Appears in 2 contracts
Samples: Lease (Project Clean, Inc.), Lease (Project Clean, Inc.)
Tenant’s Insurance. (a) The Tenant shall maintain at all times shall, during the whole of the Term or a renewal thereofand during such other time as the Tenant occupies the Premises, take out and maintain the following insurance, at the Tenant’s sole expense, in such form and with such companies as the Landlord may reasonably approve:
(ai) comprehensive general liability providing coverage insurance applying to all operations of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms Tenant and conditions of the policy, against claims for bodily injury injury, including death, and property damagedamage or loss arising out of the use or occupation of the Premises, with completed operation endorsement, for any occurrence in or the Tenant’s business on or about the Building, including any sidewalk contiguous to or abutting Premises; such insurance shall include the Demised Premises, under which Landlord as an additional insured and indemnify and protect both the Tenant and Landlord and its agent shall contain a “cross liability” or “severability of interests” clause so that the Landlord and any Superior Mortgagee whose name the Tenant may be insured in the same manner and address have to the same extent as if individual policies had been furnished issued to Tenant each, and shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an for the amount of not less than Five One Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that 1,000,000.00) Dollars combined single limit or such limit of coverage other amount as may be provided reasonably required by the Landlord from time to time; such comprehensive general liability insurance shall, for the Tenant’s commercial general benefit only, include contractual liability policy and tenant’s legal liability insurance in conjunction with a form and of a nature broad enough to insure the obligations imposed upon the Tenant under the terms of this Lease; and
(ii) “all risks” insurance upon its merchandise, stock-in-trade, furniture, fixtures and improvements including leasehold improvements and upon all other property in the Premises owned by the Tenant or for which the Tenant is legally liable, and insurance upon all glass and plate glass in the Premises, against breakage and damage from any cause, all in an umbrella liability or excess liability policy;amount equal to the full replacement value thereof, which amount in the event of a dispute shall be determined by the decision of the Landlord.
(b) The policies of insurance against loss referred to above shall contain the following:
(i) provisions that the Landlord is protected notwithstanding any act, neglect or damage by fire misrepresentation of the Tenant which might otherwise result in the avoidance of a claim under such policies and such other risks and hazards (includingthat such policies shall not be affected or invalidated by any act, burglary, theft and breakage omission or negligence of glass any third party which is not within the premises) as are insurable under a Special Cause knowledge or control of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsementinsured(s);
(ii) provisions that such policies and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by the Landlord and that any coverage carried by the Landlord shall be excess coverage;
(iii) all property insurance referred to above shall provide for waiver of the insurer’s rights of subrogation as against the Landlord;
(iv) provisions that such policies of insurance shall not be cancelled without the insurer providing the Landlord with thirty (30) days written notice stating when such cancellation shall be effective.
(c) business Interruption covering base Rent and Additional Rent for a period Evidence satisfactory to the Landlord of at least one (1) year;all such policies of insurance shall be provided to the Landlord upon request.
(d) worker’s compensation insurance and disability benefits The Tenant shall further during the whole of the Term maintain such other insurance in statutory limits;
(e) when Alterations are such amounts and in process, such sums as the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form may reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance determine from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interesttime.
Appears in 2 contracts
Samples: Lease Agreement (NACG Holdings Inc.), Lease (NACG Holdings Inc.)
Tenant’s Insurance. Tenant shall maintain at all times during the Term or a renewal thereof:
(a) general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering acknowledges that Landlord will not carry insurance on Tenant’s indemnity obligations under personal property, contents, furniture and/or furnishings or any fixtures or equipment, improvements, or appurtenances removable by Tenant and agrees that Landlord will not be obligated to repair any damage thereto or replace the same, for any reason whatsoever. Tenant shall, throughout the term of this Lease, subject to the terms maintain at its own cost and conditions of the policyexpense, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(ba) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under present and future standard forms of fire and extended coverage insurance policies (including, without limitation, protection against vandalism, malicious mischief and sprinkler, equipment, boiler and machinery insurance against leakage or explosion), to the personal property, furniture, furnishings and fixtures belonging to Tenant located in the Premises, in an amount adequate to cover actual replacement cost, which insurance policies may include a Special Cause provision for the deduction from any recovery thereof of Loss form or its equivalent, a sum in such amount as is then standard in insurance policies insuring property similar to Tenant’s property and Alterationsproperty, for (b) comprehensive general liability insurance in the full replacement cost value thereof (including an “agreed amount” endorsement);
amounts set forth in Section 19.5, (c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits employer’s liability insurance in statutory limits;
(e) when Alterations are in process, the insurance specified amounts set forth in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 thereof19.5, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any (d) umbrella liability insurance moneys 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 amounts set forth in Section 19.5; All insurance required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 Lease shall be increasedapproved by Landlord and shall be provided by insurance companies with an A.M. Best Rating of “AX” or better and who are licensed by the State of New York. Prior to Tenant’s taking occupancy of, so or undertaking work in, any portion of the Premises, and thereafter not less than thirty (30) days prior to the expiration of any policy or policies, evidence of the issuance, or renewal, of such policy or policies, or a new certificate for the initial or renewal period, as the case may be, shall be delivered to Landlord. Such evidence or certificate shall clearly state that the amount thereof adequately protects Landlordinsurance coverage applies in New York. Tenant’s interestGeneral Liability insurance (including all umbrella/excess liability) shall designate Landlord as additional insureds on a primary basis and shall provide contain an agreement on the part of the insurance company (A) not to cancel such policy or coverage, or change the terms of such coverage, without thirty (30) days prior written notice to Landlord and (B) that no act or omission of any named insureds will invalidate the policy as to the other named insureds. Except with respect to those obligations that Tenant and Landlord is responsible to indemnify the other pursuant to Section 16.2 and 16.3, respectively, each party agrees to look solely to its insurance company for payment for any loss or damage to its property, and not to make any claim against, or seek to recover from, the other party, its officers, directors, members, servants, agents or employees for such loss or damage, whether or not the loss or damage was due to the acts or omissions of the other party or its officers, directors, members, servants, agents or employees. Upon the occurrence of any casualty insured against, each shall have full authority to, and shall, take all necessary measures to negotiate, compromise or adjust any loss under such party’s policy. Each party hereby waives any and all right of recovery, which it might otherwise have against the other party, its employees and servants and agents for loss or damage to the Premises or Tenant’s furniture, furnishings, fixtures and personal property. Each party, at its cost and expense, will cause its insurance carrier to include, in each policy of insurance that said party is, by the terms and provisions of this Lease, required to obtain or which is obtained by said party, an endorsement (i) waiving the right of subrogation against the other party and its agents, officers, directors, members, servants and mortgagees with respect to losses payable under such policies or (ii) agreeing that such policies shall not be invalidated should the insured waive in writing prior to a loss any or all right of recovery against any party for losses covered by such policies.
Appears in 2 contracts
Samples: Lease Agreement (ProPhase Labs, Inc.), Lease Agreement (ProPhase Labs, Inc.)
Tenant’s Insurance. (a) Tenant shall maintain at all times during the Term (i) “all risk” property insurance covering (X) the portion (the “Tenant Improvements”) of the Premises installed by or on behalf of Tenant as Tenant’s Work and Tenant’s Additional Work, together with any Alteration made subsequent thereto, and (Y) Tenant’s Property, in both cases insured to a renewal limit of not less than the full replacement value thereof:
, insuring against loss or damage by perils customarily included under standard “all risk” policies and (aii) commercial general liability providing coverage insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the latest version Premises and the conduct or operation of ISO form CG0001 or its equivalentbusiness therein, covering Tenant’s indemnity obligations under this Lease, subject to the terms with Landlord and conditions any manager of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee Premises whose name and address have been furnished to Tenant shall be named as additional insuredinsureds, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00)5,000,000) Dollars combined single limit for bodily injury and property damage liability in any one occurrence, per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial which comprehensive general liability policy shall be primary and non-contributory (and which $5,000,000 limit may be achieved in conjunction combination with an one or more umbrella liability or excess liability policy;policies).
(b) Each policy of insurance against loss or damage maintained by fire and such other risks and hazards (including, burglary, theft and breakage Tenant pursuant to the foregoing provisions of glass within this Section 14.02 shall provide that the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of same will not be cancelled without at least one thirty (130) year;
days’ prior written notice to Landlord (d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(fas an additional insured thereunder). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days on or prior to the Commencement Date, such fully paid-for policies or shall deliver to Landlord certificates of insurance, in form reasonably satisfactory to Landlord issued by showing that the insurance company required to be maintained pursuant to the foregoing provisions of this Section 14.02 is in force and will not be cancelled without thirty (30) days’ prior notice being furnished to Landlord. Thereafter, certificates showing renewal of, or its authorized agent. substitution for, policies which expire or are terminated shall be furnished not less than thirty (30) days prior to the expiration or termination of each such policy.
(c) Notwithstanding anything to the contrary contained in the foregoing provisions of this Section 14.02, Tenant shall procure and pay for renewals of such insurance from time have the right, to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued exercised by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellationto Landlord, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of cause the insurance to be maintained by Tenant under pursuant to this Section 7.02 14.02 to be increased, so that effected by blanket and/or umbrella policies issued to Tenant covering the amount thereof adequately protects Landlord’s interestPremises and other properties owned by or leased to Tenant or any affiliate of Tenant.
Appears in 2 contracts
Samples: Lease (Fender Musical Instruments Corp), Lease (Fender Musical Instruments Corp)
Tenant’s Insurance. Tenant shall maintain at all times during the Term following coverages in the following amounts. The required evidence of coverage must be delivered to Landlord on or a renewal thereof:
before the date required under Section 10.4(I) sub-sections (ax) general liability providing coverage of the latest version of ISO form CG0001 and (y), or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant Section 10.4(II) below (as applicable). Such policies shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period term of at least one (1) year;, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (dincluding loss of use thereof) workerbased upon or arising out of Tenant’s compensation operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and disability benefits any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance in statutory limits;
(e) when Alterations are in processcarried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the insurance specified in Section 4.02(f)performance of all of Tenant’s indemnity obligations under this Lease. The limits of such said insurance shall not not, however, limit the liability of TenantTenant nor relieve Tenant of any obligation hereunder. Tenant Limits of liability insurance shall deliver to Landlord and any additional insuredsnot be less than the following; provided, at least 10 days prior to the Commencement Datehowever, such fully paidlimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $ 5,000,000 each occurrence Personal Injury and Advertising Liability $ 5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $ 1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-for policies standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or certificates at the expense of insuranceTenant, (ii) the “Improvements,” as that term is defined in form reasonably satisfactory to Landlord issued by Section 2.1 of the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereofWork Letter, and Tenant (iii) all Alterations performed in the Premises. Such insurance shall deliver be written on a Special Form basis, for the full replacement cost value (subject to Landlord reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any additional insureds such renewal policy co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or a certificate thereof at least 30 days before the expiration stoppage of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such ratingpipes, explosion, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse backup or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse overflow from sewers or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestdrains.
Appears in 2 contracts
Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
Tenant’s Insurance. Tenant shall maintain at all times during the Term following coverages in the following amounts. The required evidence of coverage must be delivered to Landlord on or a renewal thereof:
before the date required under Section 10.4(I) sub-sections (ax) general liability providing coverage of the latest version of ISO form CG0001 and (y), or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant Section 10.4(II) below (as applicable). Such policies shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period term of at least one (1) year;, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (dincluding loss of use thereof) workerbased upon or arising out of Tenant’s compensation operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and disability benefits any other party the Landlord so specifies that has a material financial interest in the Project, including Xxxxxxxx’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant shall provide an endorsement or policy excerpt showing that Tenant’s coverage is primary and any insurance in statutory limits;
(e) when Alterations are in processcarried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the insurance specified in Section 4.02(f)performance of all of Tenant’s indemnity obligations under this Lease. The limits of such said insurance shall not not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $3,000,000 each occurrence Personal Injury and Advertising Liability $3,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $ 1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant. Tenant shall deliver to Landlord ’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the “Improvements,” as that term is defined in Section 2.1 of the Work Letter, and any additional insuredsother improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), at least and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), 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 (a) all perils included in the CP 10 days prior 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage, and (c) terrorism (to the Commencement Dateextent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, such fully paid116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. 1. 109-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 thereof144), and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration Terrorism Risk Insurance Program Reauthorization Act of any existing policy2007 (Pub. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or L. 110-160, 121 Stat. 183), any successor publication of comparable standing as A/XII statute or better regulation, or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given is otherwise available at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcommercially reasonable rates).
Appears in 2 contracts
Samples: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)
Tenant’s Insurance. 9.3.1 Tenant shall maintain at all times during the Term or a renewal thereof:
(a) general liability providing following coverage in the following amounts: Commercial General Liability Insurance covering the insured against Claims of the latest version of ISO form CG0001 or its equivalentbodily injury, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily personal injury and property damagedamage (including loss of use thereof) arising out of Tenant’s operations, with completed operation endorsementand contractual liabilities, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability not less than: Bodily Injury and completed operations, shall be a combined single limit with respect to $5,000,000 each occurrence Property Damage Liability $5,000,000 annual aggregate Commercially reasonable deductible amounts Personal Injury Liability $5,000,000 each occurrence $5,000,000 annual aggregate Commercially reasonable deductible amounts
9.3.2 Tenant shall also insure (i) all Alterations and tenant improvements now or hereafter permanently attached to the Premises (and not described in an amount (ii) below) by or on behalf of not less than Five Million Tenant ($5,000,000.00collectively, the “Permanent Alterations”), per occurrence and aggregate, it being agreed and understood that such limit (ii) all of coverage may be provided by Tenant’s commercial general liability policy personal property, fixtures, systems and equipment (including the Supplemental Equipment) now or hereafter in conjunction with an umbrella liability or excess liability policy;
the Premises and/or Project (bincluding the Supplemental Areas) insurance against loss or damage by due to fire and such other casualties covered within the classification of fire and extended coverage, vandalism coverage and malicious mischief, water damage and all other risks normally covered under “special form” policies in the geographical area of the Building. Such coverage shall be for full replacement of the insured items (less commercially reasonable deductibles) in compliance with Applicable Laws.
9.3.3 All such insurance required to be maintained by Tenant shall: (a) be maintained throughout the Lease Term (as may be extended); (b) be issued by companies licensed in the State of California and hazards having a rating reasonably acceptable to Landlord; (includingc) name Master Landlord, burglaryLandlord, theft Master Landlord’s property manager and breakage the holder of glass within any mortgage encumbering the premises) Building or Project as are insurable under a Special Cause of Loss form or its equivalent, additional insureds with respect to Tenant’s liability insurance under Section 9.3.1 above and as loss payees (as their respective interests appear) with respect to the property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(cdamage insurance described in Section 9.3.2(i) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
above; (d) worker’s compensation insurance provide, in effect, that the insurer shall endeavor to give Landlord and disability benefits insurance Master Landlord at least ten (10) days’ prior written notice of cancellation or material reduction in statutory limits;
coverage; (e) when Alterations are be primary insurance as to all claims thereunder, and provide that any insurance carried by Landlord is excess and is non-contributing; and (f) be in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenantcommercially reasonable form. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory insurance evidencing the coverage required to Landlord issued be carried by Tenant hereunder on or before the insurance company or its authorized agent. Tenant shall procure Lease Commencement Date and pay for renewals of such insurance from time to time before the expiration dates thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
Appears in 2 contracts
Samples: Lease (CoreSite Realty Corp), Lease (CoreSite Realty Corp)
Tenant’s Insurance. Tenant shall maintain at all times during the Term or a renewal thereof:
(a) general Notwithstanding Article XXII, Tenant covenants to provide on or before the Commencement Date for the benefit of Landlord, Landlord's mortgagee, Landlord's Managing Agent and Tenant a comprehensive policy of liability providing coverage insurance and/or Certificate of Insurance protecting Landlord, Landlord's mortgagee, and Landlord's Managing Agent and Tenant against any liability whatsoever occasioned by accident on the latest version Premises or in the common areas of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including the parking areas or any sidewalk contiguous appurtenances thereto. Such policy is to or abutting be written by insurance companies qualified to do business in the Demised PremisesState of New Jersey, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, rated grade A or better in Best's with minimum a rating therein of 12 or better and the limits of liability under such policy, including products liability and completed operations, thereunder shall be a 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 with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00)including Contractual for both bodily injury Liability, per occurrence Broad Form and aggregateproperty damage Property Damage, it being agreed and understood that such limit of coverage Personal Injury, Completed Operations, Products Liability, Fire Damage Such insurance may be provided by carried under a blanket policy covering the Premises and other locations of Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;, if any.
(b) insurance against loss or Fire and Extended Coverage, Vandalism, Malicious Mischief and Special Extended Coverage Insurance in an amount adequate to cover the cost of replacement of all personal property, 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 and 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 other risks and hazards (includingCoverage is in effect), burglaryno matter how caused, theft and breakage of glass within it being understood that the premises) as are insurable under a Special Cause of Loss form or Tenant will look solely to its equivalent, insurer for reimbursement.
23.2 Prior to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of time such insurance shall not limit the liability of is first required by this Article XXIII to be carried by Tenant. Tenant shall deliver to Landlord , and any additional insuredsthereafter, at least 10 thirty (30) days prior to the Commencement Dateexpiration of any such policy, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory Tenant agrees to Landlord 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 such renewal either a duplicate original of the aforesaid policy or a certificate thereof 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 30 thirty (30) days before the expiration of any existing policy. All such policies the prior insurance policy or certificate, if any, or to pay the premiums therefor, Landlord shall be issued by companies of recognized responsibility licensed at liberty, from time to do business in New York State time, as often as such failure shall occur, to procure such insurance and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or to pay the then equivalent of such ratingpremium therefor, and all such policies any sums paid for insurance by Landlord shall contain a provision whereby the same cannot be canceledand become, allowed and are hereby declared, to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with be 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 with respect thereto. Tenant's failure to provide and keep in force the aforementioned insurance moneys that may shall be due regarded as a Default hereunder entitling Landlord to exercise any or all of the remedies as provided in this Lease in the event of loss Default.
23.4 Landlord shall maintain fire and Tenant shall execute extended coverage on the Building and deliver improvements at the property in amounts reasonably satisfactory to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
Appears in 2 contracts
Samples: Lease Agreement (Radvision LTD), Lease Agreement (Radvision LTD)
Tenant’s Insurance. Tenant shall maintain procure at all times its cost and expense and keep in effect during the Term or a renewal thereof:
(a) broad form comprehensive general liability providing insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of the latest version risks arising out of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject any activities of Tenant pursuant to the terms Articles 7 and conditions of the policy, against claims for bodily injury and property damage8, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence of liability in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of equal to the amount set forth in the Summary. Such coverage may shall be provided by Tenant’s commercial in a comprehensive general liability policy in conjunction form with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one the following endorsements to the extent such endorsements are generally available: (1i) year;
deleting any employee exclusion on personal injury coverage, (dii) worker’s compensation insurance including employees as additional insureds, (iii) providing for blanket contractual coverage and disability benefits insurance in statutory limits;
broad form property damage coverage, (eiv) when Alterations are in processdeleting any liquor liability exclusions, the insurance specified in Section 4.02(f)and (v) providing for coverage of employees' automobile non ownership liability. The limits of such Such insurance shall not limit the liability of Tenant. Tenant shall deliver to name Landlord and any other party designated by Landlord as an additional insuredsinsured, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued carried by companies of recognized responsibility licensed to do business in New York State California and rated which have a general policy holders' rating of not less than "A" and a financial rating of not less than Class "X" as set forth in the most current issue of Best's Insurance Guide", shall specifically include the liability assumed hereunder by Best’s Insurance Reports Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any successor publication other party, shall provide for severability of comparable standing interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as A/XII to any insured, shall afford coverage for all claims based on acts, omissions, injury or better damage which occurred or arose (or the then equivalent onset of such ratingwhich occurred or arose) in whole or part during the policy period, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless provide that Landlord and any additional insureds are given at least 30 days prior will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of such cancellation, lapse or modificationcoverage. Tenant shall cooperate with deliver policies of such insurance or certificates thereof to Landlord in connection with on or before the collection Commencement Date, and thereafter at least thirty (30) days before the expiration dates of any insurance moneys that may be due expiring policies; and in the event of loss and Tenant shall execute fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and deliver the cost thereof shall be paid to Landlord such proofs within five (5) days after delivery to Tenant of loss bills therefore. Tenant shall be responsible, at its cost and other instruments which may be required to recover any expense, for separately insuring Tenant's property. The amounts of such insurance moneys. Landlord may shall be subject to adjustment from time to time require that as requested by Landlord based upon Landlord's determination of the amount of the such insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.generally required for comparable tenants,
Appears in 2 contracts
Samples: Office Lease (Avantgo Inc), Office Lease (Avantgo Inc)
Tenant’s Insurance. Tenant shall maintain at all times in full force and effect during the Term or a renewal continuance of this Lease special form (formerly known as “all-risk”) property insurance insuring against all perils, including flood, on all of its personal property, including removable trade fixtures, located in the Project and on all leasehold improvements within the Project to the extent of the replacement cost thereof:
(a) , such coverage to be for an amount sufficient to satisfy any co-insurance requirements, but not less than the full replacement cost of such insured items, with commercially reasonable deductibles. In addition, Tenant shall maintain commercial general liability providing insurance and excess liability (umbrella) insurance, including either (i) blanket contractual liability coverage or (ii) contractual liability coverage specifically relating to the insurable provisions of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, in either case with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount limits of not less than Five Million ($5,000,000.00), per 3,000,000 for primary and excess coverage combined with respect to bodily injury or death to any number of persons in any one accident or occurrence and aggregate, it being agreed with respect to property damage in any one accident or occurrence and understood that such limit of coverage may be provided by in the aggregate occurring in connection with Tenant’s commercial general use or occupancy of the Project and containing provisions for the severability of interests. Each of the insurance policies referred to in this Section shall be issued by solvent insurance carriers authorized to do business in the State of Texas and having ratings of Best’s Insurance Guide, A-/VIII and/or Standard & Poor Insurance Solvency Review A-, or better, provide that it shall not be cancelled without at least thirty (30) days prior notice to Landlord and Tenant. In addition, each liability insurance policy referred to in conjunction with this Section shall name Landlord as an umbrella liability or excess liability policy;
(b) additional insured. Each property insurance policy referred to in this Section shall contain waiver of subrogation provisions pursuant to which the insurer waives all express and implied rights of subrogation against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, Landlord if required to make Tenant’s property contractual waiver of claims and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified subrogation in Section 4.02(f). The limits of such insurance shall not limit the liability of 6.7 binding on Tenant’s insurer. Tenant shall deliver to Landlord and any additional insuredscertificates (Axxxx 27, at least 10 days prior to the Commencement Date28, such fully paid-for policies or certificates of insurance29, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals as applicable) of such insurance from time to time before at the expiration thereof, inception of this Lease and Tenant shall deliver to Landlord and within twenty (20) days after any additional insureds such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestrequest therefor.
Appears in 2 contracts
Samples: Office Lease Agreement (Exterran Energy Solutions, L.P.), Office Lease Agreement (Exterran Holdings Inc.)
Tenant’s Insurance. Tenant shall maintain at all times during the Term or a renewal thereof:
(a) general liability providing coverage The Tenant, in the names of the latest version of ISO form CG0001 or its equivalentTenant, covering the Covenantor, the Landlord and any Mortgagee, as their respective interests may appear, shall take out and maintain at Tenant’s indemnity obligations under this Lease, subject to expense throughout the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the BuildingTerm, including any sidewalk contiguous to or abutting extensions thereof, and during any other period in which the Tenant occupies any portion of the Demised Premises, under which in respect of the Demised Premises and the Tenant’s use and occupation thereof, with an insurance company or companies reasonably acceptable to the Landlord and its agent containing an undertaking by the insurers to notify the Landlord and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of writing not less than Five Million thirty ($5,000,000.00)30) days prior to any cancellation or termination thereof, per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;policies of:
(bi) insurance on the Demised Premises including the Leasehold Improvements, and the machinery, boilers and equipment contained therein and owned or operated by the Landlord or for which the Landlord is legally liable, against loss destruction or damage by fire and such other risks and hazards those additional perils covered by “All Risk” insurance on a stated amount basis for not less than one hundred (including, burglary, theft and breakage 100) percent of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost thereof;
(ii) public liability including liquor liability, automobile liability, products and completed operations, bodily injury, property damage, contractual liability, owners’ and contractors’ protective insurance coverage with respect to the Demised Premises; and such policy shall (A) based on inclusive limit of not less than Twenty Five Million Dollars ($25,000,000); and (B) contain a severability of interest clause and a cross liability clause;
(iii) business interruption insurance in such amounts as required by the Landlord or its Mortgagee, acting reasonably, provided that such insurance will be for a period not less than twenty-four (24) months, and with a waiting period of not more than forty-eight (48) hours;
(iv) in addition to the above aforementioned policies of insurance, and during any such time as any alterations or work is being performed at the Demised Premises, Tenant shall cause each of its contractors and material subcontractors to carry, and shall deliver to Landlord at least ten (10) days prior to commencement of any such alteration or work, evidence of insurance with respect to (a) workers’ compensation insurance covering all persons employed in connection with the proposed alteration or work in statutory limits, (b) general/excess liability insurance, in an amount commensurate with the work to be performed but not less than $2,000,000.00 per occurrence and in the aggregate, for ongoing and completed operations insuring against bodily injury and property damage and naming all additional insured parties as outlined below and required of Tenant and shall include a waiver of subrogation in favor of such parties, (c) builders’ risk insurance (the “Builder’s Risk Insurance”), to the extent such alterations or work may require, on a completed value thereof form including permission to occupy, covering all physical loss or damages to the real property, contents or materials, in an amount and kind reasonably satisfactory to Landlord, and (including d) such other insurance, in such amounts as Landlord deems reasonably necessary to protect Landlord’s interest in the Premises from any act or omission of Tenant’s contractors or subcontractors; provided that the Tenant shall have the option to provide such insurance through a tenant controlled builder’s risk and wrap up policy providing the same coverage; and
(v) any other form or forms of insurance as the Landlord or any Mortgagee reasonably requires from time to time in form, in amounts and for insurance risks against which a prudent tenant would insure, provided such other insurance is consistent with the types of insurance maintained with respect to properties or businesses in British Columbia similar to the Demised Premises and the businesses conducted thereat.
(b) The Tenant agrees that if the Tenant fails to take out or to keep in full force any such insurance referred to in this Section 9.1, and should the Tenant not rectify the situation within ten (10) days after written notice from the Landlord to the Tenant (stating if the Landlord or any Mortgagee does not approve of such insurance, the reasons therefor), the Landlord shall have the right, without assuming any obligation in connection therewith, to effect such insurance at the sole cost of the Tenant and all outlays by the Landlord, plus an “agreed amount” endorsement);administration fee of fifteen (15) percent of the actual cost thereof, shall be immediately payable by the Tenant to the Landlord as Additional Rent upon demand by Notice, without prejudice to any other rights and remedies of the Landlord under this Lease.
(c) The Tenant shall not keep or use in the Demised Premises any article which may be prohibited by any fire or other insurance policy in force from time to time covering the Demised Premises. If: (i) the conduct of business Interruption covering base Rent in the Demised Premises; or (ii) any acts or omissions of the Tenant in the Demised Premises or any part thereof (including the construction of any Alterations) cause or result in any increase in premiums for the insurance carried from time to time by the Landlord with respect to the Demised Premises, the Tenant shall pay any such increase in premiums. In determining whether increased premiums are caused by or result from the use or occupancy of the Demised Premises, a schedule issued by the organization computing the insurance rate on the Demised Premises showing the various components of such rate shall be conclusive evidence of the several items and Additional Rent for a period of at least one (1) year;charges which make up such rate.
(d) workerEach of the Tenant’s compensation insurance policies shall name the Landlord and disability benefits its Mortgagee as an additional insured, and its Mortgagee as mortgagee and loss payee under the “All Risk” property and equipment breakdown policies and shall be in such form, on such terms and with such insurers as are satisfactory to the Landlord, acting reasonably, and the insurers shall have an A.M. Best Insurance Reports rating of at least A-7 and be licensed to operate in British Columbia. The Landlord shall not be required to fulfill the Tenant’s obligations under policies in order to recover proceeds thereof. Without limiting the generality of the foregoing, each of the Tenant’s insurance policies shall contain: (i) the standard mortgage clause as may be required by any Mortgagee in statutory limits;connection with any property or equipment breakdown policy; (ii) a waiver by the insurer of any rights of subrogation to which such insurer might otherwise be entitled against the Landlord or any person for whom the Landlord is in law responsible; (iii) an undertaking by the insurer that no material change adverse to the Tenant or the Landlord or any Mortgagee in the policy will be made and the policy will not lapse or be terminated, except after the insurer has provided at least thirty (30) days’ Notice to the Tenant and the Landlord and to any Mortgagee; (iv) a provision stating that the Tenant’s insurance policy shall be primary and shall not call into contribution any other insurance available to the Landlord; (v) a joint loss endorsement, where applicable; (vi) a severability of interests clause and a cross-liability clause; and (vii) a waiver, in respect of the interests of any Mortgagee, of any provision with respect to any breach of any warranties, representations, declarations or conditions contained in the said policy. In addition, the Tenant will make reasonable commercial efforts to request a waiver in respect of the interests of the Landlord of any provision with respect to any breach of any warranties, representations, declaration or conditions contained in the said policy, but shall not be obligated to obtain same where its insurer refuses due to the Landlord being an additional insured on such policy.
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior send to the Commencement Date, such fully paid-for policies or Landlord certificates of insurance, in form reasonably satisfactory to Landlord issued by the Tenant’s insurance company or its authorized agent. Tenant shall procure and pay for renewals within five (5) Business Days of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such each renewal policy or a certificate thereof at least 30 days before the expiration and of any existing policy. All such policies shall be issued each new policy being issued, as well as within five (5) Business Days following request by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
Appears in 2 contracts
Samples: Agreement of Purchase and Sale (GTWY Holdings LTD), Agreement of Purchase and Sale (Gateway Casinos & Entertainment LTD)
Tenant’s Insurance. 9.3.1 Tenant shall maintain at all times during the Term or a renewal thereof:
(a) general liability providing following coverage in the following amounts: Commercial General Liability Insurance covering the insured against Claims of the latest version of ISO form CG0001 or its equivalentbodily injury, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily personal injury and property damagedamage (including loss of use thereof) arising out of Tenant’s operations, with completed operation endorsementand contractual liabilities, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability not less than: Bodily Injury and completed operations, shall be a combined single limit with respect to $5,000,000 each occurrence Property Damage Liability $5,000,000 annual aggregate Commercially reasonable deductible amounts Personal Injury Liability $5,000,000 each occurrence $5,000,000 annual aggregate Commercially reasonable deductible amounts
9.3.2 Tenant shall also insure (i) all Alterations and tenant improvements now or hereafter permanently attached to the Premises (and not described in an amount (ii) below) by or on behalf of not less than Five Million Tenant ($5,000,000.00collectively, the “Permanent Alterations”), per occurrence and aggregate, it being agreed and understood that such limit (ii) all of coverage may be provided by Tenant’s commercial general liability policy personal property, fixtures, systems and equipment (including the Supplemental Equipment) now or hereafter in conjunction with an umbrella liability or excess liability policy;
the Premises and/or Project (bincluding the Supplemental Areas) insurance against loss or damage by due to fire and such other casualties covered within the classification of fire and extended coverage, vandalism coverage and malicious mischief, water damage and all other risks normally covered under “special form” policies in the geographical area of the Building. Such coverage shall be for full replacement of the insured items (less commercially reasonable deductibles) in compliance with Applicable Laws.
9.3.3 All such insurance required to be maintained by Tenant shall: (a) be maintained throughout the Lease Term (as may be extended); (b) be issued by companies licensed in the State of California and hazards having a rating reasonably acceptable to Landlord; (includingc) name Landlord, burglary, theft Landlord’s property manager and breakage the holder of glass within any mortgage encumbering the premises) Building or Project as are insurable under a Special Cause of Loss form or its equivalent, additional insureds with respect to Tenant’s liability insurance under Section 9.3.1 above and as loss payees (as their respective interests appear) with respect to the property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(cdamage insurance described in Section 9.3.2(i) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
above; (d) worker’s compensation insurance and disability benefits insurance provide, in statutory limits;
effect, that the insurer shall endeavor to give Landlord at least ten (10) days’ prior written notice of cancellation or material reduction in coverage; (e) when Alterations are be primary insurance as to all claims thereunder, and provide that any insurance carried by Landlord is excess and is non-contributing; and (f) be in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenantcommercially reasonable form. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory insurance evidencing the coverage required to Landlord issued be carried by Tenant hereunder on or before the insurance company or its authorized agent. Tenant shall procure Lease Commencement Date and pay for renewals of such insurance from time to time before the expiration dates thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
Appears in 2 contracts
Samples: Lease Agreement (CoreSite Realty Corp), Lease (CoreSite Realty Corp)
Tenant’s Insurance. Tenant shall maintain procure and maintain, at all times during and at its expense, in a form and with an insurance company acceptable to Landlord, the Term or a renewal thereoffollowing types of insurance:
(a) general liability providing coverage Workers’ Compensation Insurance to meet fully the requirement of any compensation act, plan or legislative enactment applicable in connection with the death, disability or injury of Licensee’s officers, agents, servants or employees arising directly or indirectly out of the latest version performance of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire Employers’ Liability Insurance with limits of not less than $500,000 each accident, $500,000 policy limit for disease, and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, $500,000 each employee for the full replacement cost value thereof (including an “agreed amount” endorsement)disease;
(c) business Interruption covering base Rent Automobile Liability Insurance with a combined single limit of not less than $500,000 each occurrence for injury to or death of persons and Additional Rent for a period damage to or loss or destruction of at least one (1) yearproperty arising out of the use of owned or non-owned vehicles;
(d) workerCommercial General Liability Insurance for the Premises having a single limit of not less than $5,000,000.00 for each occurrence, covering Tenant’s compensation insurance contractual liability hereunder, and disability benefits insurance covering Tenant and Landlord for liability arising out of work performed by any third parties for Tenant in statutory limits;or about the Premises; and
(e) when Alterations are in processproperty 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 payee under the property insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenantpolicy. Tenant shall deliver certificates of insurance evidencing the insurance required hereinabove to Landlord and any additional insuredssimultaneously with the execution of this Lease by Tenant, which certificates shall reflect that the policies shall not be canceled without at least 10 thirty (30) days prior notice to Landlord. If Tenant fails to obtain the Commencement Datenecessary coverages, such fully paid-Landlord may do so at Tenant’s expense and the 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 execution of this Lease by Tenant. The minimum limits of insurance provided for policies hereunder are not intended to be a limitation on the liability of Tenant 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 certificates causes of insuranceaction against the other for any loss or damage with respect to Tenant’s property, in form reasonably satisfactory to Landlord issued by 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 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued required by companies of recognized responsibility licensed to do business in New York State and rated this Lease been carried) covered by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestinsurance.
Appears in 2 contracts
Samples: Lease Agreement (FreightCar America, Inc.), Lease Agreement (FCA Acquisition Corp.)
Tenant’s Insurance. (a) The Tenant shall will, at its sole cost, during any period that the Tenant occupies the Premises, take out and maintain at all times during in full force and effect, the Term or a renewal thereoffollowing:
(ai) general liability providing coverage of the latest version of ISO form CG0001 “all risks” insurance (or its equivalent), including earthquake, flood and sewer backup perils, upon all merchandise, stock-in-trade, furniture, fixtures, equipment, leasehold improvements and other property of every kind and description located at the Complex, owned by the Tenant or for which the Tenant is responsible or legally liable, in an amount at least equal to the full insurable value thereof, calculated on a full replacement cost basis;
(ii) “comprehensive form” boiler and machinery insurance (or its equivalent) upon any boilers, pressure vessels or mechanical equipment located at the Premises in such amount as the Landlord may reasonably require from time to time;
(iii) automobile liability insurance to a limit of liability of not less than $2,000,000.00 in any one accident, covering Tenant’s indemnity obligations under this Leaseall licensed motor vehicles owned by the Tenant and used in connection with its business carried on, subject to in and from the terms and conditions of the policy, against claims for Premises;
(iv) commercial bodily injury and property damagedamage liability insurance (or its equivalent) applying to the operations of the Tenant carried on, with completed operation endorsementin and from the Premises and which will include, for any occurrence in or about the Buildingwithout limitation, including any sidewalk contiguous to or abutting the Demised Premisespersonal injury liability, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insuredproduct liability, with minimum limits of liability under such policycontractual liability, including products non-owned automobile liability, protective liability and completed operations, shall be a combined single limit Tenant’s legal liability with respect to each occurrence in the occupancy by the Tenant of the Premises; and such insurance will be written for an amount of not less than Five Million ($5,000,000.00), per occurrence ;
(v) business interruption insurance (or its equivalent) for a minimum period of 12 months in the amount which will reimburse the Tenant for direct or indirect loss of earnings and aggregate, it being agreed extra expenses attributable to all perils insured against under Section 7.1(a)(i) or attributable to prevention of access to the Premises or Building due to any such perils; and
(vi) any other form or forms of insurance as the Landlord or the Landlord’s Mortgagees may reasonably require from time to time in amounts and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy for perils against which a prudent tenant would protect itself in conjunction with an umbrella liability or excess liability policy;similar circumstances.
(b) All policies of insurance referred to in this Section 7.1 will include the following provisions:
(i) all property damage policies will contain a waiver of any subrogation rights which the Tenant’s insurer(s) may have against the Landlord and against those for whom the Landlord is, in law, responsible, whether any insured loss or damage is caused by the act, omission or negligence of the Landlord or by those for whose acts the Landlord is, in law, responsible or otherwise;
(ii) all policies of liability insurance will name the Landlord and any persons or corporations designated by the Landlord and having an interest in the Complex as additional insureds and provide that each person, firm or corporation insured under such policies will be insured in the same manner and to the same extent as if separate policies had been issued to each; and
(iii) all policies will contain an undertaking by the insurers to notify the Landlord and the Landlord’s Mortgagees, in writing, not less than 30 days prior to any cancellation or other termination of any policy.
(c) All policies of insurance referred to in this Section 7.1 will be underwritten by insurers acceptable to the Landlord and on policy forms satisfactory to the Landlord. The Tenant will deliver to the Landlord certificates of insurance as soon as possible after the placing of each policy and thereafter upon request. Whenever required by the Landlord, the Tenant will provide the Landlord with evidence that all premiums for all insurance policies have been paid.
(d) The Tenant will not do or permit anything to be done upon the Premises which might cause any policy of insurance against loss or damage to the Premises or against legal liability for damage to persons or property caused by fire and such other risks and hazards (includingthe ownership, burglarymaintenance, theft and breakage use or occupancy of glass within the premises) as are insurable under a Special Cause Premises, or by reason of Loss form or its equivalentthe conduct of any business carried on thereon, to Tenant’s property and Alterationsbe invalidated, and, for such purpose, upon receipt of notice in writing from any insurer of the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for Premises requiring the execution of works or a period discontinuance of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance any operations in statutory limits;order to correct such situation, the Tenant will immediately comply with the notice.
(e) when Alterations are in process, The Tenant will not do or permit anything to be done or exist upon the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys Premises that may be due would cause an increase in the event cost of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover the Landlord’s insurance or subject any such insurance moneysto cancellation. Landlord may from time The Tenant will pay to time require that the Landlord, on demand, the amount of any such increase of cost due to the insurance to be maintained by Tenant under Tenant’s breach of this Section 7.02 be increased7.1(e).
(f) If the Tenant fails to take out or keep in force any insurance coverage referred to in this Section 7.1, so that or if any such insurance is not approved by the amount thereof adequately protects Landlord and the Landlord’s interestMortgagees, and the Tenant does not correct the situation within 72 hours after written notice by the Landlord setting forth the Landlord’s objections, the Landlord, without assuming any obligation in connection therewith, may effect such insurance coverage and recover all costs and premiums incurred in effecting such insurance coverage from the Tenant.
Appears in 2 contracts
Samples: Industrial Lease (Very Good Food Co Inc.), Industrial Lease
Tenant’s Insurance. Tenant shall procure and maintain policies of insurance, at all times during the Term or a renewal thereofits own cost and expense, insuring:
(a) general liability providing coverage The Landlord Protected Parties as “additional insureds”, and Xxxxxxxx’s mortgagee, if any, of which Xxxxxx 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, corporation or entity and arising from, related to or connected with the latest version of ISO form CG0001 Leased Premises, Xxxxxx’s use thereof or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims operations therein for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premisespersonal injury to or death of any person, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished or more than one (1) person, or for damage to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence property in an amount of not less than Five One Million Dollars ($5,000,000.00), 1,000,000.00) per occurrence and aggregatenot less than Two Million Dollars ($2,000,000.00) policy aggregate limit. Said insurance shall be written on an “occurrence” basis and not on a “claims made” basis, it being agreed and understood such liability policies shall include products and completed operations liability insurance. 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 of 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. Tenant shall cause its liability insurance to include contractual liability coverage may be provided by Tenant’s commercial general liability policy fully covering the indemnity set forth above and in conjunction with an umbrella liability or excess liability policy;Section 13.1 below.
(b) insurance against loss or damage by fire All contents and such 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 Extended Coverage Policy and all other risks and hazards of direct physical loss as insured against under Special Form (including, burglary, theft and breakage “all risk” coverage). Said insurance shall contain an endorsement waiving the insurer’s right of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);subrogation against any Landlord Protected Party.
(c) business Interruption covering base Rent and Additional Rent for a period Tenant Protected Parties from all worker’s compensation claims, including employer’s liability with minimum limits of at least one (1) year;$500,000.00 per occurrence.
(d) worker’s compensation insurance Landlord and disability benefits insurance Tenant against breakage of all plate glass utilized in statutory limits;the improvements on the Leased Premises.
(e) when Alterations are in processTenant agrees to maintain, at its own expense, for the benefit of itself, Xxxxxx’s Protected Parties and Landlord’s Protected Parties, excess and/or umbrella liability insurance specified of such types and with limits not less than Twenty Five Million Dollars ($25,000,000.00) as may be approved by Landlord, insuring against liability for damage or loss to property, and against liability for personal 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 4.02(f)6.2(a) and employer’s liability in Section 6.2(c) as underlying policies. The limits Tenant agrees to provide Landlord with notice of any self-insurance programs and Landlord shall have the right to approve any such programs. Any insurance deductibles or self-insurance amounts shall not limit be the liability responsibility of Tenant. Tenant shall deliver to Landlord , and any additional insureds, at least 10 days prior to the Commencement Date, such fully paiddeductibles or self-for policies or certificates insurance amounts in excess of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies $250,000 shall be issued approved in advance by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
Appears in 1 contract
Samples: Industrial Lease
Tenant’s Insurance. Tenant shall maintain Tenant, at all times during the Term or a renewal thereof:
(a) general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Leasesole cost and expense, subject shall obtain and maintain in effect, commencing with the delivery of possession date and continuing throughout the Term, insurance policies providing for the following coverage: (i) standard “special form” property insurance against fire, theft, vandalism, malicious mischief, sprinkler leakage and such additional perils as now are or hereafter may be included in a standard extended coverage endorsement from time to time in general use in the terms State, insuring Tenant’s merchandise, trade fixtures, furnishings, equipment and conditions all items of the policypersonal property of Tenant located in, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in on or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, and the amount of such insurance will be set forth in an “agreed value endorsement” to the policy of such insurance, not less than one hundred percent (100%) of the full replacement value thereof without deduction for depreciation, and with a deductible amount of not more than Fifty Thousand Dollars ($50,000.00); (ii) a commercial general liability policy, naming Landlord, and any mortgagee of the Building as additional insureds, protecting against any and all claims for injury to persons or property occurring in the Premises and protecting against assumed or contractual liability under this Lease with respect to the Premises and the operations of Tenant and any subtenant of Tenant in, on or about the Premises, with such policy to be in the minimum amount of One Million Dollars ($1,000,000.00) per occurrence, and with an aggregate limit of at least Two Million Dollars ($2,000,000.00) and an umbrella policy of Three Million Dollars ($3,000,000.00); (iii) workers’ compensation coverage as required by law, with employer’s liability limits in the minimum amount of Five Hundred Thousand Dollars ($500,000.00); (iv) and with respect to alterations, improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builder’s risk insurance in amounts reasonably satisfactory to Landlord. All insurance policies herein to be procured by Tenant and/or its contractors shall: (i) be issued by insurance companies, reasonably satisfactory to Landlord and authorized to do business in the State; (ii) be written as primary policy coverage and non-contributing with respect to any coverage which Landlord may carry; (iii) insure and its name Landlord, Xxxxxxxx’s advisors, Xxxxxxxx’s managing agent, any mortgagee of the Building and any parties in interest specifically designated by Landlord as additional insureds or loss payees, as applicable, as their respective interests may appear (except with respect to workers’ compensation insurance); (iv) be primary and non-contributory and (v) contain, in the case of Tenant’s property insurance coverage, an express waiver of any right of subrogation by the insurance company against Landlord, Landlord’s managing agent and their respective agents, employees and representatives which arises or might arise by reason of any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insuredpayment under such policy or by reason of any act or omission of Landlord, with its agents, employees or representatives. The minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction of insurance shall be subject to increase at any time, and from time to time, if Landlord reasonably deems it necessary for adequate protection. Within thirty (30) days after demand therefore by Landlord, Tenant shall furnish Landlord with an umbrella liability or excess liability policy;
(b) evidence of Tenant’s compliance with such demand. Neither the issuance of any insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within policy required hereunder nor the premises) as are insurable under a Special Cause of Loss form or its equivalent, minimum limits specified herein with respect to Tenant’s property insurance coverage shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease. With respect to each and Alterationsevery one of the insurance policies herein required to be procured by Tenant, for on or before the full replacement cost value thereof Commencement Date (including an “agreed amount” endorsementor, if earlier, the date on which possession of the Premises is delivered to Tenant);
(c) business Interruption covering base Rent , and Additional Rent for a period of at least one thirty (130) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of days before any such insurance policy shall not limit the liability of Tenant. expire, Tenant shall deliver to Landlord a certificate of the insurer certifying that such policy has been issued, providing the coverage required by this Lease and containing the provisions specified herein, together with evidence of payment of all applicable premiums. Each and every insurance policy required to be carried hereunder by or on behalf of Tenant shall provide (and any additional insuredscertificate evidencing the existence of each such insurance policy shall certify) that, at least 10 days unless Landlord shall first have been given thirty (30) days’ prior written notice thereof, the insurer will not cancel, materially change or fail to renew the Commencement Date, coverage provided by such fully paid-for policies insurance policy. The term “insurance policy” as used herein shall be deemed to include any extensions or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before policy. In the expiration thereof, and event that Tenant shall deliver fail to Landlord and promptly furnish any additional insureds such renewal policy or a certificate thereof insurance coverage hereunder required to be procured by Tenant, Landlord, at least 30 days before its sole option, shall have 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days right after ten (10) days’ prior written notice of such cancellationto Tenant to obtain the same and pay the premium therefor for a period not exceeding one (1) year in each instance, lapse or modification. and the premium so paid by Landlord shall be immediately due and payable by Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestas additional rent.
Appears in 1 contract
Samples: Office Lease Agreement
Tenant’s Insurance. Before the earlier of (i) the date on which any Tenant Party first enters the Premises for any reason or (ii) the Lease Commencement Date (such earlier date is the "Insurance Commencement Date"), and thereafter throughout and until the end of the Lease Term, and after the end of the Lease Term so long after the end of the Lease Term as any of Tenant's Property or Tenant's Off-Premises Equipment remains at the Project, or Tenant or anyone acting by, through or under Tenant may use, be in occupancy of any part of, or have access to any part of the Premises or any portion thereof, Tenant shall maintain the following insurance coverages in at all times during least the Term amounts set forth below; provided, however, Landlord makes no representation that the limits or a renewal thereof:
(a) general liability providing forms of coverage of the latest version of ISO form CG0001 specified herein are adequate to cover Tenant's property, business operations or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject . The required evidence of coverage must be delivered to Landlord on or before the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, dates required under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant Section 10.4 below. Such policies shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period term of at least one (1) year;, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including so-called "limited" contractual liability covering the insured against claims of bodily injury, personal injury and property damage (dincluding loss of use thereof) worker’s compensation based upon or arising out of Tenant's operations, occupancy or maintenance of the Project and all areas appurtenant thereto. Such insurance shall be written on an "occurrence" basis. Landlord and disability benefits any other party the Landlord reasonably specifies that has a material financial interest in the Project, including Xxxxxxxx's managing agent, ground lessor and/or lender, if any (collectively, "Additional Insureds"), shall be named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form reasonably approved by Landlord. Tenant shall provide an endorsement or policy excerpt showing that Tenant's coverage is primary and any insurance in statutory limits;
(e) when Alterations are in processcarried by Landlord shall be excess and non-contributing. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for all Losses assumed under this Lease as an insured contract for the insurance specified in Section 4.02(f)performance of all of Tenant's indemnity obligations under this Lease to the extent covered by a standard CGL policy. The limits of such said insurance shall not not, however, limit the liability of TenantTenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following: Bodily Injury andProperty Damage Liability $10,000,000 each occurrence $10,000,000 each occurrence Personal Injury and Advertising Liability Tenant Legal Liability/Damage to Rented Premises Liability $5,000,000 Tenant shall deliver have the right to Landlord cover its insurance requirements set forth in this Section 10.3 with a combination of general liability, umbrella insurance and any additional insuredsblanket coverages, at least 10 days prior provided that the amounts (based upon the general liability policy and the allocations of the umbrella policy) and other conditions required to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued be satisfied by the insurance company or its authorized agent. Tenant shall procure and pay for renewals terms of this Article 10 are satisfied by such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcoverages.
Appears in 1 contract
Samples: Office Lease (Reddit, Inc.)
Tenant’s Insurance. (a) Tenant shall maintain shall, at all times Tenant's sole expense, obtain and keep in force during the Term and any extension or a renewal thereof:
: (ai) general liability providing fire and extended coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms insurance with vandalism and conditions of the policy, against claims for bodily injury malicious mischief endorsements and property damage, with completed operation a sprinkler leakage endorsement, for any occurrence in or about the Buildingon all of its personal property, including any sidewalk contiguous to or abutting removable trade fixtures, located in the Demised Premises, under which Landlord and its agent on all leasehold improvements and any Superior Mortgagee whose name all additions and address have been furnished to improvements made by Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of for not less than Five Million the full replacement cost thereof; ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial ii) comprehensive general liability policy in conjunction with insurance, including contractual liability coverage, insuring Landlord (as an umbrella additional insured) and Tenant against any liability arising out of the ownership, use, occupancy or excess maintenance of the Premises and all areas appurtenant thereto, and (iii) workman's compensation and employer's liability policy;insurance, if requirxx xx xxxlicable laws.
(b) Tenant's insurance against shall be with insurance companies approved by Landlord. No insurance shall be approved by Landlord if 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 by fire to property from any one accident, and such other risks One Million and hazards No/100 Dollars (including, burglary, theft and breakage $1,000,000.00) for death of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, injury to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least any one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f)person from any one accident. The limits of such the insurance shall not not, however, limit the liability of the Tenant hereunder. The policies cannot contain provisions, which deny coverage because the loss is due to the fault of Landlord or Tenant. If Tenant shall fail to procure and maintain the insurance, Landlord may, but shall not be required to, procure and maintain same, but at the expense of Tenant. Tenant shall deliver to Landlord and any additional insuredsLandlord, at least 10 days prior to occupancy of the Commencement DatePremises, such fully paid-for copies of policies of liability insurance required herein, or certificates evidencing the existence and amount of such insurance, in form reasonably with loss payable clauses satisfactory to Landlord issued Landlord. Notwithstanding anything herein to the contrary, Landlord. shall have the tight to review the Tenant's insurance on 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 Tenant's insurance policy which reflects the then-current industry standards for the type of insurance coverage.
(c) Notwithstanding anything herein to the contrary, the parties hereto release each other and their respective authorized representatives from any claims for damage to any person or to the Premises, the Building and the Land that are caused. by or result from risks that are insured against when any insurance policies carried by the insurance company or its authorized agent. Tenant shall procure parties and pay for renewals in force as of such insurance from the time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports damage or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestinjury.
Appears in 1 contract
Tenant’s Insurance. Tenant shall maintain at all times during the following coverages in the following amounts throughout the Term (and during any other periods before or a renewal thereof:after the Term during which Tenant or any Tenant Related Party enters into or occupies all or any portion of the Premises):
(a) 13.02.1 Commercial general liability providing coverage insurance covering claims of the latest version of ISO form CG0001 or its equivalentbodily injury, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily personal injury and property damage, with completed operation endorsement, for any occurrence in or about the Buildingdamage arising out of Tenant’s operations and contractual liabilities, including any sidewalk contiguous to or abutting the Demised Premisescoverage formerly known as broad form, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insuredon an occurrence basis, with minimum primary limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), [***] per occurrence and aggregate, it being agreed $[***] annual aggregate and understood that such a minimum excess/umbrella limit of coverage may be provided by $[***] per occurrence. |US-DOCS\129492181.2||
13.02.2 Property insurance covering (i) Tenant’s commercial general liability policy Property (as defined below), and (ii) any Leasehold Improvements in conjunction with an umbrella liability the Premises, whether installed by or excess liability policy;
for the benefit of Tenant under this Lease or any prior lease or other agreement to which Tenant was a party or otherwise (b) “Tenant‑Insured Improvements”). Such insurance against shall be written on a special cause of loss form for physical loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterationsdamage, for the full replacement cost value thereof (subject to reasonable deductible amounts) 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 an “agreed amount” endorsement);
(c) vandalism and malicious mischief, theft, water damage of any type, including sprinkler leakage, bursting or stoppage of pipes, and explosion, and providing business Interruption covering base Rent and Additional Rent interruption coverage for a period of one year.
13.02.3 Worker’s Compensation and Employer’s Liability or other similar insurance to the extent required by Law.
13.02.4 Pollution Legal Liability insuring Tenant for defense expenses and damages including cleanup costs for pollution events caused or allegedly caused by Tenant, or those for whom Tenant may be liable, in the course of its operations at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in processa minimum limit of $[***], the insurance specified in Section 4.02(f)such coverage shall specifically include this Lease as an insured contract. The minimum limits of such insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall (i) be issued by an insurance company that has an A.M. Best rating of not less than A‑VIII and licensed to do business in the State of Washington; (ii) be in form and content reasonably acceptable to Landlord; and (iii) provide that it shall not be canceled or materially changed without thirty (30) days’ prior notice to Landlord, except that ten (10) days’ prior notice may be given in the case of nonpayment of premiums. Tenant’s commercial general liability of insurance shall (a) name Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non‑contributing with Tenant’s insurance. Tenant shall deliver to Landlord, on or before the earlier to occur of the date Landlord delivers possession of the Premises to Tenant or the Term Commencement Date and any additional insureds, at least 10 fifteen (15) days prior before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 28” (Evidence of Commercial Property Insurance) and “XXXXX 25‑S” (Certificate of Liability Insurance) or the equivalent. Attached to the Commencement Date, such fully paid-for policies XXXXX 25‑S (or certificates of insurance, in form reasonably satisfactory to Landlord issued by equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds which shall be binding on Tenant’s insurance company and shall expressly require the insurance company to notify each Additional Insured Party in writing at least thirty (30) days before any termination or its authorized agentmaterial change to the policies, except that ten (10) days’ prior notice may be given in the case of nonpayment of premiums. 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 procure and pay for renewals so advise Landlord of such insurance from time to time before the expiration thereofunavailability and shall instead provide Landlord with notice of any such cancellation or material change as provided above. Upon Landlord’s request, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof 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 Landlord, in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent lieu of such ratingcertificates, and all such copies of the policies shall contain a provision whereby of insurance required to be carried under Section 13.02 showing that the same cannot be canceled, allowed to lapse or modified unless Landlord and any Additional Insured Parties are named as additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modificationinsureds. |US-DOCS\129492181.2|| Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord maintain such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount increased amounts of the insurance required to be maintained carried by Tenant under this Section 7.02 13.02, and such other types and amounts of insurance covering the Premises and Tenant’s operations therein, as may be increasedreasonably requested by Landlord, so that but not in excess of the amount thereof adequately protects Landlord’s interestamounts and types of insurance then being required by institutional landlords of buildings comparable to and in the general vicinity of the Building.
Appears in 1 contract
Samples: Lease Agreement (Icosavax, Inc.)
Tenant’s Insurance. Throughout the Term, the Tenant shall take out and maintain at all times during its own expense, in such form and with such companies as the Term or a renewal thereofLandlord may reasonably require:
(a) 1. comprehensive general liability providing insurance of $3,000,000.00 (or such greater amount as the Landlord reasonably deems advisable) inclusive coverage in respect of injury or death of any person or persons or property damage or loss due to or arising out of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to business or the terms and conditions use or occupation of the policyDemised Premises; and
2. all risk insurance on the Tenant’s Improvements, against claims for bodily injury merchandise and property damage, with completed operation endorsement, for any occurrence stock in or about the Building, including any sidewalk contiguous to or abutting trade (if any) in the Demised Premises, under which Landlord furniture, fixtures and its agent improvements, and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insuredplate glass insurance, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period in the event of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f)fire or other perils covered under Canadian Underwriters’ Association Standard Extended Coverage Endorsement. The limits of such aforesaid insurance shall not limit name the liability of Tenant. Tenant shall deliver to Landlord and any persons, firms or corporations designated by the Landlord as additional insuredsinsureds as their interests may appear, shall contain a “cross liability” or “severability of interests” clause so that the Landlord and the Tenant may be insured in the same manner and to the same extent as if individual policies had been issued to each, shall exclude the exercise of any claim by the Tenant’s insurer against the Landlord by subrogation and shall provide that such insurance may not be terminated, cancelled or materially altered unless at least 10 days prior thirty (30) days’ written notice of such termination, cancellation or material alteration is given by the insurers to the Commencement DateLandlord. The Tenant shall, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before upon request by the expiration thereofLandlord, and Tenant shall deliver to the Landlord and any additional insureds certificates of such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better insurance, or the then equivalent original or certified copy of such ratinginsurance policies. Notwithstanding the foregoing provisions of this Section 7.05, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require acknowledges that the amount Tenant carries a blanket insurance policy for all of its leased locations and that said blanket policy satisfactorily addresses all of the insurance to be maintained by Tenant under provisions of this Section 7.02 be increased, so 7.05. Said blanket policy is all the insurance that the amount thereof adequately protects Landlord’s interestTenant need maintain.
Appears in 1 contract
Tenant’s Insurance. Tenant Tenant, at its expense, shall maintain at all times during the Term or a renewal thereof:
the following insurance policies: (a) fire insurance, including extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage coverage and demolition and debris removal, insuring the full replacement cost of all improvements, alterations or additions to the Premises made at Tenant's expense and insuring the full replacement cost of all equipment, furniture and other personal property owned or used by Tenant and located in the Premises; (b) commercial general liability providing coverage of the latest version of ISO form CG0001 or its equivalentinsurance, covering Tenant’s indemnity obligations under this Lease, subject contractual liability insurance and property damage insurance with respect to the terms Property and conditions of the policy, against claims for bodily injury and property damagePremises, with completed operation endorsement, for reasonable limits to be set by Landlord from time to time but in any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a event not less than $2,000,000.00 combined single limit with respect for personal injury, sickness or death or for damage to each or destruction of property for any one (1) occurrence in an amount of and not less than Five Million $3,000,000.00 combined single limit for personal injury, sickness or death or for damage or destruction of property for total claims in the aggregate during any one ($5,000,000.00), per occurrence 1) policy year; and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(bc) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) in such other amounts as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance may from time to time before reasonably require. The insurance required to be maintained by Tenant hereunder may be maintained in the expiration thereof, form of a blanket policy covering the Premises and other property owned or leased by Tenant or its Related Entities (as hereinafter defined) so long as the blanket policy does not reduce the limits nor diminish the coverage required herein. The form of all such policies and deductibles thereunder shall deliver be subject to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policyLandlord's prior reasonable approval. All such policies shall be issued by companies of recognized responsibility insurers reasonably acceptable to Landlord and licensed to do business in New York the State in which the Premises are located and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby waiver of any rights of subrogation thereunder. In addition, the same cannot be canceled, allowed to lapse or modified unless policies (except for the policy described in (a) above) shall name Landlord and any other parties reasonably designated by Landlord as additional insureds are given insureds, the policies shall require at least 30 days thirty (30) days' prior written notice to Landlord and such other parties designated by Landlord of such cancellation, lapse termination or modificationmodification and the policies shall be primary and not contributory. Tenant shall cooperate with Landlord in connection with at least fifteen (15) days prior to the collection Commencement Date, and within fifteen (15) days prior to the expiration of any insurance moneys that may be due in the event of loss and Tenant shall execute and each such policy, deliver to Landlord such proofs of loss and other instruments which certificates evidencing the foregoing insurance or renewal thereof, as the case may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestbe.
Appears in 1 contract
Samples: Sublease Agreement (Ziplink Inc)
Tenant’s Insurance. (a) The Tenant shall maintain at all times shall, during the whole of the Term or a renewal thereofand during such other time as the Tenant occupies the Premises, including, without limitation, the Fixturing Period, take out and maintain the following insurance, in such form and with such companies as the Landlord may reasonably approve:
(ai) comprehensive general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, insurance against claims for bodily injury injury, including death and property damagedamage or loss arising out of the use or occupation of the Premises, with completed operation endorsement, for any occurrence in or the Tenant's business on or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which and such insurance shall include the Landlord as an additional insured and shall contain a "cross liability" or "severability of interests" clause so that the Landlord and its agent the Tenant may be insured in the same manner and any Superior Mortgagee whose name to the same extent as if individual policies had been issued to each, and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an for the amount of not less than Five Two Million Dollars ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such 2,000,000.00) combined single limit with an aggregate limit of coverage Four Million Dollars ($4,000,000) or such other amount as may be provided reasonably required by the Landlord from time to time, and such comprehensive general liability insurance shall, for the Tenant's benefit only, include contractual liability insurance in a form and of a nature broad enough to insure the obligations imposed upon the Tenant under the terms of this Lease;
(ii) Tenant's legal liability insurance in an amount equal to the full replacement value of the Tenant’s commercial general Work in the Premises as determined, in the event of any dispute, by the Landlord's independent insurance advisor;
(iii) all risks property insurance upon its merchandise, stock-in-trade, furniture, fixtures and improvements and upon all other property in the Premises owned by the Tenant or for which the Tenant is legally liable, all in an amount equal to the full replacement value thereof;
(iv) boiler and machinery insurance on such boilers and pressure vessels as may be installed by, or under the exclusive control of, the Tenant in the Premises; and
(v) automobile liability policy insurance with respect to all motor vehicles operated by the Tenant in conjunction connection with an umbrella liability or excess liability policy;the Tenant’s business at the Airport.
(b) The policies of insurance against loss referred to above shall contain the following:
(i) provisions that the Landlord is protected notwithstanding any act, neglect or damage misrepresentation of the Tenant which might otherwise result in the avoidance of a claim under such policies and that such policies shall not be affected or invalidated by fire and such other risks and hazards (includingany act, burglary, theft and breakage omission or negligence of glass any third party which is not within the premisesknowledge or control of the Landlord;.
(ii) as are insurable under a Special Cause of Loss form or its equivalent, provisions that such policies and the coverage evidenced thereby shall be primary and non-contributing with respect to Tenant’s property any policies carried by the Landlord and Alterations, for that any coverage carried by the full replacement cost value thereof (including an “agreed amount” endorsement)Landlord shall be excess coverage;
(ciii) business Interruption covering base Rent all property and Additional Rent boiler insurance referred to above shall include the Landlord and the Tenant as named insureds as their respective interests may appear, and shall provide for a period waivers of at least one (1) yearthe insurer's rights of subrogation as against the Landlord and those for whom the Landlord is, in law, responsible;
(div) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All provisions that such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless cancelled without the insurer providing the Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.thirty
Appears in 1 contract
Samples: Sub Lease
Tenant’s Insurance. From and after the Commencement Date, Tenant shall maintain the following insurance (“Tenant’s Insurance”), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000 and a $2,000,000 general aggregate limit; (2) causes of loss-special form (formerly “all times risk”) property insurance, covering the Data Center and all other improvements and Alterations constructed and installed on the Land from time to time during the Term Term, and all of Tenant’s trade fixtures, equipment, furniture and other personal property located on or a renewal thereof:
within the Premises (a“Tenant’s Personal Property”) general liability providing coverage from time to time during the Term, in the amount of the latest version of ISO form CG0001 or its equivalent, covering full replacement cost thereof (“Tenant’s indemnity obligations under this LeaseProperty Insurance”); (3) business automobile liability insurance to cover all owned, subject to the terms hired and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in non-owned automobiles owned or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to operated by Tenant shall be named as additional insured, with providing a minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence of $1,000,000; (4) workers’ compensation insurance as required by the State of Texas, (5) employer’s liability insurance in an amount of not at least $1,000,000 per occurrence; and (6) umbrella liability insurance that follows form in excess of the limits specified in (1), (3) and (5) above, of no less than Five Million $1,000,000 in the aggregate. Tenant’s liability insurance must provide contractual liability coverage covering Tenant’s liability under this Lease. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name Landlord ($5,000,000.00or any successor), per occurrence Landlord’s Mortgagee (if any), and aggregateother designees reasonably required by Landlord as the interest of such designees shall appear, it as “additional insureds” and shall be primary with Landlord’s policy being agreed secondary and understood that such limit of coverage may be provided by noncontributory. Tenant’s commercial general liability policy in conjunction with an umbrella liability Property Insurance shall name Landlord (or excess liability policy;
any successor) and Xxxxxxxx’s Mortgagee (b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premisesif any) as are insurable additional named insureds and loss payee under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestpolicies.
Appears in 1 contract
Tenant’s Insurance. Tenant shall To maintain at all times during the Term or a renewal thereof:
(a) all risk property insurance in amounts sufficient to fully cover Tenant's improvements and all property in the Premises which is not owned by Landlord and (b) commercial general liability providing coverage insurance on the Premises, with Landlord named as an additional insured, indemnifying Landlord and Tenant against all claims and demands for (i) injury to or death of any person or damage to or loss of property, on the Premises, or connected with the use, condition or occupancy of any of the latest version foregoing unless caused by the negligence of ISO form CG0001 Landlord or its equivalentservants or agents, covering Tenant’s indemnity obligations under this Leaseor (ii) any act, subject fault or omission, or other misconduct of Tenant or its agents, employees, contractors, licensees, sublessees or invitees, in amounts which shall, at the beginning of the Term, be at least equal to the terms limits set forth in Section 1.1, and conditions from time to time during the Term, shall be for such higher limits, if any, as are customarily carried in the area in which the Premises are located on property similar to the Premises and used for similar purposes, and shall be written on the "Occurrence Basis," and to furnish Landlord with certificates thereof. Such insurance shall be effected under valid and enforceable policies with insurers authorized to do business in Massachusetts as stock or mutual companies that are rated in the current edition of Best's Key Rating Guide, Property and Casualty as A and as Class VII or higher. Such policies shall name Landlord and Xxxxxx as the policy, against claims for bodily injury and property damage, with completed operation endorsement, for insureds as their respective interests may appear. Not later than the first to occur of (a) the Commencement Date or (b) the commencement of any occurrence activities by Tenant in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord Premises and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of thereafter not less than Five Million thirty ($5,000,000.00)30) days prior to the expiration dates of the expiring policies theretofore furnished pursuant to this Section 6.1.8, per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, insurance issued by the insurers evidencing all such policies in form reasonably satisfactory to Landlord, accompanied by evidence satisfactory to Landlord issued by of payment of the insurance company first installment of the premiums. Each such policy shall provide that it may not be canceled and that its form, terms 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 such renewal policy or a certificate thereof conditions may not be changed without 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days thirty (30) days' prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interesteach insured named therein.
Appears in 1 contract
Tenant’s Insurance. 10.2.1 Tenant shall maintain at all times during the Lease Term or a renewal thereof:
shall, at its own expense, keep in full force and effect (ai) commercial general liability insurance written on an occurrence form providing coverage of the latest version of ISO form CG0001 or its equivalentagainst bodily injury and disease, covering Tenant’s indemnity obligations under this Leaseincluding death resulting therefrom, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsementpersonal injury, for any occurrence in or about the Buildingadvertising injury, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be operations with a combined single limit with respect to of $1,000,000 each occurrence and $2,000,000 annual aggregate, which shall include provision for contractual liability coverage insuring Tenant for the performance of its indemnity obligations set forth in this Article 10 and the rest of this Lease, (ii) worker’s compensation insurance to the statutory limit, if any, and employer’s liability insurance to the limit of $1,000,000 per occurrence, (iii) Umbrella excess liability written on an occurrence form; providing coverage in an amount of not less than Five Million $5,000,000 providing excess liability coverage over the commercial general liability and employers liability insurance required herein, and ($5,000,000.00)iv) All Risk or Causes of Loss – Special Form property insurance covering full replacement value of all of Tenant’s personal property, per occurrence trade fixtures and aggregateimprovements in the Premises (whether such improvements are installed by Landlord or Tenant) and such policy shall include Loss of Income, it being agreed Business interruption and understood extra expense insurance in such amounts that such limit will reimburse Tenant for direct and indirect loss of coverage may earnings, but in no event not less than 12 months equivalent, attributable to all perils insured under a special form property insurance policy. Landlord, its Affiliates, and its designated property management firm shall be provided by named an additional insured under the Tenant’s commercial general liability policy in conjunction with an insurance and umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such said policies shall be issued by an insurance company or companies of recognized responsibility licensed authorized to do business in New York State the state of California and rated by which have policyholder ratings not lower than “A-” and financial ratings not lower than “VII” in Best’s Insurance Reports Guide (latest edition in effect as of the date of this Lease and subsequently in effect as of the date of renewal of the required policies). EACH OF SAID POLICIES SHALL ALSO INCLUDE A WAIVER OF SUBROGATION PROVISION OR ENDORSEMENT IN FAVOR OF LANDLORD, AND AN ENDORSEMENT PROVIDING THAT LANDLORD SHALL RECEIVE THIRTY (30) DAYS PRIOR WRITTEN NOTICE OF ANY CANCELLATION OF, NONRENEWAL OF, REDUCTION OF COVERAGE OR MATERIAL CHANGE IN COVERAGE ON SAID POLICIES. Tenant hereby waives its right of recovery against any indemnified Landlord Party of any amounts paid by Tenant or on Tenant’s behalf to satisfy applicable worker’s compensation laws. The policies or duly executed certificates showing the material terms for the same, together with satisfactory evidence of the payment of the premiums therefor, shall be deposited with Landlord on the date Tenant first occupies the Premises and upon renewals of such policies not less than fifteen (15) days prior to the expiration of the term of such coverage. If certificates are supplied rather than the policies themselves, Tenant shall allow Landlord, at all reasonable times, to inspect the policies of insurance required herein.
10.2.2 It is expressly understood and agreed that the coverages required represent Landlord’s minimum requirements and such are not to be construed to void or limit Tenant’s obligations contained in this Lease, including without limitation Tenant’s indemnity obligations hereunder. Neither shall (i) the insolvency, bankruptcy or failure of any insurance company carrying Tenant, (ii) the failure of any insurance company to pay claims occurring, nor (iii) any exclusion from or insufficiency of coverage be held to affect, negate or waive any of Tenant’s indemnity obligations under this Article 10 or any successor publication other provision of comparable standing this Lease. With respect to insurance coverages, except worker’s compensation, maintained hereunder by Tenant and insurance coverages separately obtained by Landlord, all insurance coverages afforded by policies of insurance maintained by Tenant shall be primary insurance as A/XII or better or the then equivalent of such ratingcoverages apply to Landlord, and all such insurance coverages separately maintained by Landlord shall be excess, and Tenant shall have its insurance policies so endorsed. The amount of liability insurance under insurance policies maintained by Tenant shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice reduced by the existence of such cancellation, lapse or modificationinsurance coverage under policies separately maintained by Landlord. Tenant shall cooperate with Landlord in connection with the collection be solely responsible for any premiums, assessments, penalties, deductible assumptions, retentions, audits, retrospective adjustments or any other kind of any insurance moneys that may be payment 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 recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestits policies.
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Tenant’s Insurance. Tenant shall maintain the following coverages in the following amounts at all times during following the Term or a renewal thereof:
date which is the earlier to occur of (ai) general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations entry into the Premises to perform any work therein, or (ii) the Lease Commencement Date, and continuing thereafter throughout the Lease Term. The required evidence of coverage must be delivered to Landlord on or before the date required under this LeaseSection 10.4(I) subsections (x) and (y), subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant Section 10.4(II) below (as applicable). Such policies shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period term of at least one (1) year;, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (dincluding loss of use thereof) workerbased upon or arising out of Tenant’s compensation operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and disability benefits any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s property manager, managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant’s insurance in statutory limits;
coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The policy shall include severability of interest and cross-liability (eseparation of insureds) when Alterations are in process, endorsements. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the insurance specified in Section 4.02(f)performance of all of Tenant’s indemnity obligations under this Lease. The limits of such said insurance shall not not, however, limit the liability of TenantTenant nor relieve Tenant of any obligation hereunder. Tenant Limits of liability insurance shall deliver to Landlord and any additional insuredsnot be less than the following; provided, at least 10 days prior to the Commencement Datehowever, such fully paidlimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $3,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-for policies standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or certificates at the expense of insuranceTenant, in form reasonably satisfactory to Landlord issued by (ii) the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereofImprovements, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before (iii) all Alterations in the expiration of any existing policyPremises. All such policies Such insurance shall be issued by companies written on a Special Form basis, for the full replacement cost value (subject to deductible amounts not to exceed $10,000.00), without deduction for depreciation of recognized responsibility licensed to do business the covered items and in New York State amounts that meet any co-insurance clauses of the policies of insurance and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or shall include coverage for (a) all perils included in the then equivalent of such ratingCP 10-00-00-00 Coverage Special Form, and all such policies shall contain (b) water damage from any cause whatsoever (excluding naturally occurring floods (i.e., from heavy rainfall, rather than from a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneysleaking pipe)). Landlord may from time to time require makes no representation that the amount limits or forms of the coverage of insurance specified herein are adequate to be maintained by Tenant cover Tenant’s property, business operations or obligations under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.
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Tenant’s Insurance. Tenant shall maintain the following coverages in the following amounts at all times during following the Term or a renewal thereof:
date which is the earlier to occur of (ai) general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations entry into the Premises to perform any work therein, or (ii) the Lease Commencement Date, and continuing thereafter throughout the Lease Term. The required evidence of coverage must be delivered to Landlord on or before the date required under this LeaseSection 10.4(I) subsections (x) and (y), subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant Section 10.4(II) below (as applicable). Such policies shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period term of at least one (1) year;, or the length of the remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance, including Broad Form contractual liability covering the insured against claims of bodily injury, personal injury and property damage (dincluding loss of use thereof) workerbased upon or arising out of Tenant’s compensation operations, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be written on an “occurrence” basis. Landlord and disability benefits any other party the Landlord so specifies that has a material financial interest in the Project, including Landlord’s property manager, managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. Tenant’s insurance in statutory limits;
coverage shall be primary and any insurance carried by Landlord shall be excess and non-contributing. The policy shall include severability of interest and cross-liability (eseparation of insureds) when Alterations are in process, endorsements. This policy shall include coverage for all liabilities assumed under this Lease as an insured contract for the insurance specified in Section 4.02(f)performance of all of Tenant’s indemnity obligations under this Lease. The limits of such said insurance shall not not, however, limit the liability of TenantTenant nor relieve Tenant of any obligation hereunder. Tenant Limits of liability insurance shall deliver to Landlord and any additional insuredsnot be less than the following; provided, at least 10 days prior to the Commencement Datehowever, such fully paidlimits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $2,000,000 each occurrence, $5,000,000 aggregate Personal Injury and Advertising Liability $3,000,000 each occurrence
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-for policies standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or certificates at the expense of insuranceTenant, in form reasonably satisfactory to Landlord issued by (ii) the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereofImprovements, and Tenant (iii) all Alterations in the Premises. Such insurance shall deliver be written on a Special Form basis, for the full replacement cost value (subject to Landlord deductible amounts not to exceed $10,000.00), without deduction for depreciation of the covered items and in amounts that meet any additional insureds such renewal policy co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 00-00-00-00 Coverage Special Form, and (b) water damage from any cause whatsoever (excluding naturally occurring floods (i.e. from heavy rainfall, rather than from a leaking pipe)), including, but not limited to, backup or a certificate thereof at least 30 days before the expiration overflow from sprinkler leakage, bursting, leaking or stoppage of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such ratingpipes, explosion, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord backup of sewers and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneysdrainage. Landlord may from time to time require makes no representation that the amount limits or forms of the coverage of insurance specified herein are adequate to be maintained by Tenant cover Tenant’s property, business operations or obligations under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.
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Tenant’s Insurance. (a) The Tenant shall maintain at all times throughout the period that the Tenant is given possession of the Premises and during the Term or a renewal thereofentire Term, at its sole cost and expense, take out and keep in full force and effect, the following insurance:
(ai) all-risk insurance (including but not limited to sprinkler leakage, flood, earthquake and collapse coverage) in an amount equal to the full replacement cost thereof upon property of every description and kind owned by the Tenant or for which the Tenant is liable, or installed by or on behalf of the Tenant and which is located within the Building including, without limitation, Leasehold Improvements, tenant's fixtures, the Tenant's stock-in-trade, furniture, equipment and all other personal property provided that if there is a dispute as to the amount which comprises full replacement cost, the decision of the Landlord shall be conclusive;
(ii) business interruption insurance in such amount as will reimburse the Tenant for direct or indirect loss of earnings attributable to all perils insured against in subclause (i) and other perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises or the Building as a result of such perils;
(iii) comprehensive general liability providing coverage of the latest version of ISO form CG0001 or its equivalentinsurance, covering Tenant’s indemnity obligations under this Lease, subject to the terms including property damage and conditions of the policy, against claims for bodily injury and property damagepersonal injury liability, with completed operation endorsementtenant's legal liability, for any occurrence in or about the Building, contractual liability (including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of contractual liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence this Lease) and owners' and contractors' protective insurance coverage with respect to the Premises and the Tenant's use of the Common Facilities, coverage to include the activities and operations conducted by the Tenant and any other person for whom the Tenant is in an amount law responsible. Such policies shall be written on a comprehensive basis with inclusive limits of not less than Five Two Million Dollars ($5,000,000.00)2,000,000) for bodily injury to any one or more persons or property damage, per occurrence and aggregatesuch higher limits as the Landlord, it being agreed acting reasonably, requires from time to time, and understood that such limit shall contain a severability of coverage may be provided interests clause and a cross-liability clause;
(iv) broad form comprehensive boiler and machinery insurance on a blanket repair and replacement basis with limits for each accident in an amount not less than the full replacement cost of all Leasehold Improvements and of all boilers, pressure vessels, air-conditioning equipment and miscellaneous electrical apparatus owned or operated by the Tenant or by others (other than the Landlord) on behalf of the Tenant in or serving the Premises;
(v) motor vehicle insurance having third party liability limits not less than Two Million Dollars ($2,000,000) covering all vehicles owned or operated by the Tenant which are at any time used in connection with the Tenant’s commercial general liability policy 's business at the Premises or which are at any time brought upon the Lands;
(vi) any other form of insurance which the Landlord, acting reasonably, requires from time to time in conjunction with an umbrella liability or excess liability policy;form, in amounts and for risks against which a prudent tenant would insure.
(b) insurance against loss or damage by fire and such other risks and hazards All policies shall: (including, burglary, theft and breakage of glass within the premisesi) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior be taken out with insurers acceptable to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.;
Appears in 1 contract
Samples: Office Lease (Ace Hardware Corp)
Tenant’s Insurance. (a) The Tenant shall maintain will, at all times its sole cost and expense during the Term or a renewal thereofand during such other period of time that the Tenant occupies the Premises, take out and maintain in full force and effect, the following:
(ai) general liability providing coverage “all risks” insurance upon all merchandise, stock-in-trade, furniture, fixtures, equipment, Leasehold Improvements, and other property of every kind and description located at the Premises, owned by, or made or installed by or on behalf of the latest version Tenant and any sub-tenant or licensee or for which the Tenant is responsible or legally liable, in an amount at least equal to the full insurable value of ISO form CG0001 or its equivalentthem, calculated on a stated amount co-insurance and replacement cost basis;
(ii) automobile liability insurance to a limit of liability of not less than $2,000,000 in any one accident, covering Tenantall licensed motor vehicles owned by the Tenant and used in connection with its and its licensee’s indemnity obligations under this Lease, subject to or sub-tenant’s business carried on from the terms and conditions of the policy, against claims for Premises;
(iii) comprehensive bodily injury and property damage, with completed operation endorsement, for any occurrence in or about damage liability insurance applying to the Building, including any sidewalk contiguous to or abutting operations of the Demised Premises, under which Landlord Tenant and its agent licensee or sub-tenant carried on from the Premises and any Superior Mortgagee whose name that will include, without limitation, personal injury liability, product liability, contractual liability, non-owned automobile liability, and address have been furnished to Tenant shall be named as additional insured, with minimum limits of protective liability under such policy, including products liability and completed operations, shall be a combined single limit coverage with respect to each occurrence in the occupancy of the Premises by the Tenant; and such insurance will be written for an amount of not less than Five Million ($5,000,000.00)5,000,000 per occurrence, per occurrence and aggregate, it being agreed and understood that or such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within higher amount as the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that reasonably require;
(iv) tenant’s all-risks legal liability insurance in an amount not less than the amount replacement cost of the Premises;
(v) broad form comprehensive boiler and machinery insurance on all boilers and pressure vessels in the Premises;
(vi) business interruption insurance in such amounts as will reimburse the Tenant for direct or indirect loss of earnings attributable to all perils required to be maintained insured against by the Tenant under this Section 7.02 Lease; and P a g e | 17
(vii) any other form or forms of insurance as the Landlord may reasonably require from time to time in amounts and for perils against which a prudent tenant acting reasonably would protect itself in similar circumstances.
(b) All policies of insurance referred to in this clause 8.1 will include the following provisions:
(i) the policies will not be increasedaffected or invalidated by any act, so omission, or negligence of any person that is not within the knowledge or control of the insured under this Lease;
(ii) subject to subclause 11.1(b), all property damage policies written on behalf of the Tenant will contain a waiver of any subrogation rights that the amount thereof adequately protects Tenant’s insurers may have against the Landlord and against those for whom the Landlord is, in law, responsible, whether any insured loss or damage is caused by the act, omission, or negligence of the Landlord, or by those for whose acts the Landlord is, in law, responsible, or otherwise;
(iii) all policies of liability insurance will include the Landlord and any persons, firms, or corporations affiliated with the Landlord and designated by the Landlord as additional insureds and will provide that each person, firm, or corporation insured under such policies will be insured in the same manner and to the same extent as if separate policies had been issued to each; and
(iv) all policies will contain an undertaking by the insurers to give the Landlord not less than 30 days’ prior written notice of any cancellation or other termination of it, or any change that restricts or reduces the coverage afforded by it.
(c) The Tenant agrees that certificates of insurance or, if required by the Landlord or any of the Landlord’s interestMortgagees, certified copies of each policy will be delivered to the Landlord as soon as is practicable after the placing of them. The Tenant will, when required by the Landlord, promptly provide to the Landlord evidence that all premiums for all insurance policies have been paid.
(d) For good and valuable consideration, and subject to clause 8.4, the Tenant hereby releases and relieves the Landlord and those persons for whom the Landlord is, in law, responsible, from liability and responsibility for, and waives its entire claim for recovery of any loss or damage whatsoever arising out of or incident to, the occurrence of any of the perils covered by, or that would be covered by, the insurance policies that the Tenant is obligated to obtain and maintain in force under the terms of this Lease. P a g e | 18
(e) The Tenant will not do or permit anything to be done upon the Premises whereby any policy of insurance against loss or damage to the Premises or against legal liability for damage to persons or property caused by the ownership, maintenance, use, or occupancy of the Premises, the Land, or the Building, or by reasons of the conduct of any business carried on by them, may be invalidated; and for such purpose, upon receipt of notice in writing from any insurer of the Premises, the Land, or the Building requiring the execution of works or a discontinuance of any operations in order to correct such situation, the Tenant will comply with it.
(f) The Tenant agrees that if the Tenant fails to take out or keep in force any insurance coverage referred to in this clause 8.1, or if any such insurance is not approved by the Landlord and the Landlord’s Mortgagees, and the Tenant does not rectify the situation within 72 hours after written notice by the Landlord to the Tenant specifying the Landlord’s objections, then the Landlord will have the right, without assuming any obligation in connection with it, to effect such insurance coverage and will have the right to recover all costs and premiums incurred in effecting such insurance coverage from the Tenant pursuant to clause 8.1.
Appears in 1 contract
Tenant’s Insurance. The Tenant shall shall, at its sole cost and expense, take out and maintain in full force and effect, at all times during throughout the Term or a renewal thereofTerm, the following insurance:
(a) general liability providing coverage All Risks" insurance on property of every description and kind owned by the Tenant, or for which the Tenant is legally responsible in law or which is installed by or on behalf of the latest version of ISO form CG0001 or its equivalentTenant, covering Tenant’s indemnity obligations under this Leasewithin the Premises including, subject to the terms without limitation, stock-in-trade, furniture, equipment, partitions, trade fixtures and conditions of the policyLeasehold Improvements, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policythe full replacement cost thereof from time to time;
(b) general liability and property damage insurance, including personal liability, contractual liability, tenants' legal liability, non-owned automobile liability, and owners' and contractors' protective insurance against loss or damage by fire and such other risks and hazards (coverage with respect to the Premises, which coverage shall include the business operations, including, burglarybut not limited to, theft and breakage licenced events conducted on the Premises. Such policies shall be written on a comprehensive basis with coverage for any one occurrence or claim of glass within not less than five million dollars ($5,000,000) or such higher limits as the premises) as are insurable under a Special Cause of Loss form or its equivalent, Landlord may reasonably require from time to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement)time;
(c) business Interruption covering base Rent when applicable, broad form comprehensive boiler and Additional Rent machinery insurance on a blanket repair and replacement basis, with limits for a period each accident in an amount not less than the full replacement costs of at least one the property, with respect to all boilers and machinery owned or operated by the Tenant or by others (1other than the Landlord) yearon behalf of the Tenant in the Premises or relating to or serving the Premises;
(d) worker’s compensation such other forms of insurance as may be reasonably required by the Landlord and disability benefits insurance in statutory limits;any Mortgagee from time to time.
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of All such insurance shall not limit be with insurers and shall be on such terms and conditions as the liability of TenantLandlord reasonably approves. Tenant The insurance described in Sections 9.l(a) and 9.l(c) shall deliver to name as loss payee the Landlord and any additional insureds, at least 10 days prior to anyone else with an interest in the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance Premises from time to time before designated in writing by the expiration thereofLandlord, and Tenant shall deliver provide that any proceeds recoverable in the event of damage to Leasehold Improvements shall be jointly payable to the Landlord. The insurance described in Sections 9.l (b) and 9.l (d) shall name as an additional insured the Landlord and any additional insureds anyone else with an interest in the Premises from time to time designated in writing by the Landlord. The Landlord agrees to make available such renewal policy proceeds toward repair or a certificate thereof at least 30 days before replacement of the expiration insured property if this Lease is not terminated pursuant to the terms of any existing policythis Lease. All such policies public liability insurance shall be issued by companies contain a provision for cross-liability or severability of recognized responsibility licensed to do business in New York State interest as between the Landlord and rated by Best’s Insurance Reports or any successor publication the Tenant.
(f) All of comparable standing as A/XII or better or the then equivalent of such rating, and all such foregoing property policies shall contain a provision whereby waiver of any right of subrogation or recourse by the same canTenant's insurers against the Landlord or the Landlord's mortgagees, agents and employees, whether or not be canceledany loss is caused by the act, allowed omission or negligence of the Landlord, its mortgagees, agents or employees. All of the foregoing property policies shall also contain a waiver of any right of subrogation or recourse by the Landlord’s insurers against the Tenant or the Tenant's mortgagees, agents and employees, whether or not any loss is caused by the act, omission or negligence of the Tenant, its mortgagees, agents or employees. The Tenant shall obtain from the insurers under such policies undertakings to lapse or modified unless notify the Landlord and any additional insureds are given in writing at least 30 thirty (30) days prior written notice of such cancellation, lapse or modificationto any cancellation thereof. The Tenant shall cooperate with furnish to the Landlord, on written request, certificates of all such policies. The Tenant agrees that if it fails to take out or to keep in force such insurance or if it fails to provide a certificate of every policy and evidence of continuation of coverage as herein provided, the Landlord shall have the right to take out such insurance and pay the premium therefor and, in connection with such event, the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver pay to the Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount paid as premium plus fifteen percent (15%), which payment shall be deemed to be Additional Rent payable on the first day of the insurance to be maintained next month following payment by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Insurance. Tenant, at its expense, shall maintain during the Lease Term the following insurance, at Tenant’s sole cost and expense: (1) commercial general liability insurance (and, if necessary, commercial excess liability insurance) applicable to the Premises and its appurtenances providing a minimum combined single limit of not less than $2,000,000 per occurrence with an annual aggregate of not less than $2,000,000; and if Tenant stores property of others for a fee, Tenant shall maintain warehouse operator’s legal liability insurance for the full value of the property of such customers as determined by the warehouse contract between Tenant and its customer; (2) all risk or special form property insurance covering the full replacement cost of all property, Tenant-Made Alterations, Trade Fixtures, and improvements installed or placed in the Premises by Tenant with a deductible not to exceed $2,500 per occurrence (unless otherwise agreed in writing by Landlord); (3) business interruption insurance with a limit of liability representing loss of at all times during least approximately 6 months of income; (4) workers’ compensation insurance as required by the Term state in which the Premises is located and in amounts as may be required by applicable statute; (5) employers liability insurance of at least $1,000,000; and (6) business automobile liability insurance (and, if necessary, commercial excess liability insurance) having a combined single limit of not less than $2,000,000 per accident insuring Tenant against liability arising out of the ownership maintenance or use of any owned, hired or nonowned automobiles. Such policies shall be for a renewal thereof:
term of at least one year, or the length of the remaining term of this Lease, whichever is less. Any company writing any of Tenant’s insurance shall have an A.M. Best rating of not less than A-VII and the general liability policy shall be endorsed to provide primary and noncontributory coverage to Landlord (any policy issued to Landlord providing duplicate or similar coverage shall be deemed excess over Tenant’s policies). All commercial general liability and, if applicable, warehouse operator’s legal liability insurance policies shall name Tenant as a named insured and Landlord, its property manager, and other designees of Landlord as the interest of such designees shall appear, as additional insureds. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include (a) general a waiver of subrogation endorsement and (b) coverage for liability providing coverage assumed under this Lease as an “insured contract” for the performance of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to . If the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of general liability under such policy, including products liability and completed operations, shall be insurance contains a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregategeneral aggregate limit, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, shall apply separately to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f)this Premises. The limits and types of insurance maintained by Tenant shall not limit Tenant’s liability under this Lease. Tenant shall provide Landlord with certificates of such insurance shall not limit (including copies of all required endorsements) as required under this Lease prior to the liability earlier to occur of Tenant. the Commencement Date or the date Tenant shall deliver to Landlord is provided with possession of the Premises, and any additional insureds, thereafter upon renewals at least 10 days prior to the Commencement Date, such fully paid-for policies or expiration of the insurance coverage. Acceptance by Landlord of delivery of any certificates of insurance, in form reasonably satisfactory to insurance does not constitute approval or agreement by Landlord issued by that the insurance company requirements of this section have been met, and failure of Landlord to identify a deficiency from evidence provided will not be construed as a waiver of Tenant’s obligation to maintain such insurance. In the event any of the insurance policies required to be carried by Tenant under this Lease shall be cancelled prior to the expiration date of such policy, or its authorized agent. if Tenant shall procure and pay for renewals receives notice of any cancellation of such insurance policies from time the insurer prior to time before the expiration thereofdate of such policy, Tenant shall: (a) immediately deliver notice to Landlord that such insurance has been, or is to be, cancelled, (b) shall promptly replace such insurance policy in order to assure no lapse of coverage shall occur, and Tenant (c) shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing insurance (including copies of all required endorsements) for such replacement policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any The insurance moneys 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 recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects hereunder are only Landlord’s interestminimum insurance requirements and Tenant agrees and understands that such insurance requirements may not be sufficient to fully meet Tenant’s insurance needs.
Appears in 1 contract
Samples: Standard Industrial Multi Tenant Lease Net (Xos, Inc.)
Tenant’s Insurance. Tenant shall maintain the following insurance ("Tenant's Insurance"), at all times during the Term or a renewal thereof:
its sole cost and expense: (a1) commercial general liability providing coverage insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a per occurrence limit of no less than $1,000,000; (2) causes of loss-special form (formerly "all risk") property insurance, 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 ) amount of the latest version of ISO full replacement cost thereof; (3) business income (formerly "business interruption") insurance written on an actual loss sustained form CG0001 or its equivalentwith sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, covering Tenant’s indemnity obligations under this Lease, subject to the terms hired and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in nonowned automobiles owned or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to operated by Tenant shall be named as additional insured, with providing a minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence 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 $4,000,000 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 Five Million A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability and umbrella liability insurance policies shall name landlord ($5,000,000.00or any successor), per occurrence Landlord's property manager, Landlord's Mortgagee (if any), and aggregatetheir respective members, it principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as "additional insureds" and shall be primary with Landlord's policy being agreed secondary and understood noncontributory. If any aggregate Limit is reduced because of losses paid to below 75% of the limit required by this lease, Tenant will notify Landlord in writing within 10 days of the date of reduction. All policies of Tenants Insurance shall contain endorsements that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(bthe insurer(s) insurance against loss or damage by fire shall give Landlord and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of designees at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process30 days' advance written notice of any change, the insurance specified in Section 4.02(f). The limits cancellation, termination or lapse of such insurance shall not limit the liability of Tenantinsurance. Tenant shall deliver provide Landlord with a certificate of insurance and all required endorsements evidencing Tenant's Insurance prior to Landlord the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, and any additional insureds, upon renewals at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance coverage. All of Tenant's Insurance policies, endorsements and certificates will be on forms and with deductibles and self-insured retention, if any, reasonably acceptable to be maintained by Tenant Landlord. The limits of Tenant's insurance shall not limit Tenant's liability under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.
Appears in 1 contract
Tenant’s Insurance. Tenant shall shall, at its own expense and cost, maintain at all times the following policies of insurance in full force and effect during the Lease Term or a renewal thereofand any Extension Period:
(a) Property insurance insuring against loss or damage resulting from all-risk perils with respect to the building structures on the Leased Premises in an amount not less than 100% of the full insurance replacement cost thereof.
(b) Business interruption insurance insuring against loss of income resulting from the same perils described above in an amount not less than one year of total Base Monthly Rent and Additional Rent, calculated at the rate payable during the next ensuing year of the Lease Term.
(c) Comprehensive general liability providing coverage insurance applying to the use and occupancy of the latest version Leased Premises, or any part thereof, and the business operated by Tenant on the Leased Premises. Such insurance shall include Broad Form Contractual liability insurance coverage insuring all of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address . The general liability coverage shall have been furnished to Tenant shall be named as additional insured, with a minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one million dollars (1$1,000,000) year;
and a general aggregate limit of two million dollars (d$2,000,000) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, except products liability as to which the insurance specified in Section 4.02(faggregate liability is $1,000,000). The limits Company will maintain a $1,000,000 all risks umbrella policy. Such coverage may be subject to a deductible not in excess of such insurance one hundred thousand dollars ($100,000) (except for products liability coverage as to which the deductible shall not limit the liability of Tenant. Tenant shall deliver to Landlord be in a reasonable and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policycustomary amount). All such policies shall be issued written to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned, occurring during the policy term and shall be endorsed to add Landlord as an additional insured and to provide that such coverage shall be primary and that any insurance maintained by companies Landlord shall be excess insurance only. All such insurance shall provide for severability of recognized responsibility licensed interest; shall provide that an act or omission of one of the named insureds shall not reduce or avoid coverage to do business in New York State the other named insureds; and rated by Best’s Insurance Reports shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or any successor publication of comparable standing as A/XII or better arose (or the then equivalent onset of such rating, and all such policies shall contain a provision whereby which occurred or arose) in whole or in part during the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modificationpolicy period. Tenant shall cooperate also maintain workers’ compensation insurance in accordance with Landlord in connection applicable law and employers’ liability insurance with the collection of any insurance moneys coverage no less than that may be due customarily maintained by similar employers 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 recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestarea.
Appears in 1 contract
Samples: Industrial Real Property Lease (Thermadyne Australia Pty Ltd.)
Tenant’s Insurance. Tenant shall maintain at insurance complying with all times during of the Term or a renewal thereoffollowing:
A. Tenant shall procure, pay for and keep in full force and effect the following:
(a1) Commercial general liability providing coverage of the latest version of ISO form CG0001 or its equivalentinsurance, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and including property damage, with completed operation endorsementagainst liability for personal injury, for any bodily injury, death and damage to property occurring in or about, or resulting from an occurrence in or about about, the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, Premises with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount coverage of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit the amount of coverage may be provided by Tenant’s commercial general liability policy Liability Insurance Minimum specified in conjunction with an umbrella liability or excess liability policySection P of the Summary, which insurance shall contain a “contractual liability” endorsement insuring Tenant’s performance of Tenant’s obligation to indemnify Landlord contained in ¶10.3;
(b2) Fire and property damage insurance in so-called “all risk” form insuring Tenant’s Trade Fixtures and Tenant’s Alterations for the full actual replacement cost thereof;
(3) Business interruption insurance with limits of liability representing at least approximately six months of income, business auto liability covering owned, non-owned and hired vehicles with a limit of not less than $1,000,000 per accident, insurance protecting against loss or damage liability under workers’ compensation laws with limits at least as required by fire statute, insurance for all plate glass in the Premises, and such other risks insurance that is either (i) required by any Lender, or (ii) reasonably required by Landlord and hazards customarily carried by tenants of similar property in similar businesses.
B. Where applicable and required by Landlord, each policy of insurance required to be carried by Tenant pursuant to this ¶9.1: (including, burglary, theft i) shall name Landlord and breakage of glass within such other parties in interest as Landlord reasonably designates as additional insured; (ii) shall be primary insurance which provides that the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, insurer shall be liable for the full replacement cost value thereof amount of the loss up to and including the total amount of liability set forth in the declarations without the right of contribution from any other insurance coverage of Landlord; (including an “agreed amount” endorsement);
(ciii) business Interruption covering base Rent and Additional Rent for shall be in a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies Landlord; (iv) shall be issued by carried with companies of recognized responsibility licensed reasonably acceptable to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of Landlord; (v) shall provide that such rating, and all such policies policy shall contain a provision whereby the same cannot be canceledsubject to cancellation, allowed to lapse or modified unless Landlord and any additional insureds are given change except after at least 30 days prior written notice to Landlord so long as such provision of 30 days notice is reasonably obtainable, but in any event not less than 10 days prior written notice; (vi) shall not have a “deductible” in excess of such cancellationamount as is approved by Landlord; (vii) shall contain a cross liability endorsement; and (viii) shall contain a “severability” clause. If Tenant has in full
C. A copy of each paid-up policy evidencing the insurance required to be carried by Tenant pursuant to this ¶9.1 (appropriately authenticated by the insurer) or a certificate of the insurer, lapse or modification. Tenant certifying that such policy has been issued, providing the coverage required by this ¶9.1, and containing the provisions specified herein, shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver delivered to Landlord prior to the time Tenant or any of its Agents enters the Premises and upon renewal of such proofs policies, but not less than 5 days prior to the expiration of loss and other instruments which may be required to recover any the term of such insurance moneyscoverage. Landlord may may, at any reasonable time, and from time to time, inspect and/or copy any and all insurance policies required to be procured by Tenant pursuant to this ¶9.
1. If any Lender or insurance advisor reasonably determines at any time require that the amount of the coverage required for any policy of insurance Tenant is to obtain pursuant to this ¶9.1 is not adequate, then Tenant shall increase such coverage for such insurance to be maintained such amount as such Lender or insurance advisor reasonably deems adequate, not to exceed the level of coverage for such insurance commonly carried by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcomparable businesses similarly situated.
Appears in 1 contract
Tenant’s Insurance. 21.1 Tenant shall maintain at all times during shall, from the Term or a renewal thereof:
(a) general liability providing coverage Delivery of Possession of the latest version of ISO form CG0001 or its equivalentLeased Premises, covering Tenant’s indemnity obligations under this Lease, subject to even if such date precedes the terms and conditions commencement of the policyterm hereof, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about throughout the Building, including any sidewalk contiguous to or abutting term hereof procure and carry at its own expense comprehensive liability insurance on the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction Leased Premises with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 Hampshire and rated acceptable to Landlord. Such insurance will be carried in the name of and for the benefit of Tenant and Landlord; will be written on an "occurrence" basis; and shall provide coverage of at least One Million Dollars ($1,000,000) in case of death of or injury to one person, Two Million Dollars ($2,000,000) in case of death of or injury to more than one person in the same occurrence, and One Million Dollars ($1,000,000) in case of loss, destruction or damage to property. If applicable, Tenant shall comply with the requirements of the Boilers and Unfired Pressure Vessels Law (RSA 157- A), and in such event the policy or policies referred to above shall contain an endorsement providing pressure vessels insurance coverage and naming Landlord as an additional insured. Tenant shall furnish to Landlord a certificate of such insurance which must provide that the insurance indicated therein will not be canceled without at least ten (10) days' written notice to Landlord.
21.2 During any period or periods of construction by Best’s Tenant on the Leased Premises, the construction of which (a) is of a type to which Builder's Risk Insurance Reports is applicable and (b) requires the advance written approval of Landlord pursuant to Article IX hereof, Tenant shall obtain and maintain in effect standard Builder's Risk Insurance written on a completed value basis, including extended coverage, and utilizing a maximum value at date of completion not less than the greater of (y) the aggregate contract price or any successor publication prices for the construction of comparable standing such facilities or (z) the amount which may be required by a mortgagee which is financing such construction. Such insurance shall be obtained from an insurance company authorized to do business in New Hampshire and acceptable to Landlord, and Lessee shall furnish to Landlord a certificate of such insurance naming Landlord as A/XII an additional insured which shall provide that the insurance indicated therein shall not be canceled without at least ten (10) days written notice to Landlord. If such construction by Tenant is of a type to which Builder's Risk Insurance is not applicable, Tenant shall provide the necessary additional coverage under the policies referred to in this ARTICLE XXI.
21.3 Tenant shall procure and continue in force during the term hereof, all-risk insurance which contains fire and extended coverage on a full value, repair or better replacement basis upon facilities, machinery, equipment and appurtenances constructed, erected or installed on or in the Leased Premises by Tenant and which have or may become the property of Landlord pursuant hereto. The policies evidencing such insurance must provide that loss, if any, payable thereunder will be payable to Landlord and/or Tenant and/or mortgagee of the Leased Premises or the then equivalent of such ratingOffice Building as their respective interests may appear, and all such policies together with evidence of payment of the premiums thereon will be delivered to Landlord and/or any such mortgagee. All such policies must be taken in such responsible companies authorized to do business in New Hampshire as Landlord shall contain approve (which approval shall not be unreasonably withheld) and must be in form satisfactory to Landlord. Upon receipt of a provision whereby copy of notice of cancellation of any insurance which is the responsibility of Tenant hereunder, Landlord may pay the premiums necessary to reinstate the same. The amount so paid will constitute Additional Rent payable by Tenant at the next rental payment date. Payment of premiums by Landlord will not be deemed a waiver or release by Landlord of the default by Tenant in failing to pay the same cannot be canceled, allowed to lapse or modified unless of any action which Landlord and any additional insureds are given at least 30 days prior written notice may take hereunder as a result of such cancellation, lapse or modificationdefault. Tenant shall cooperate with neither violate, nor allow its agents or employees to violate any of the terms, conditions and provisions of such policies.
21.4 If and to the extent permitted without prejudice to any rights of Tenant under the applicable insurance policies, Landlord shall be held free and harmless from liability for loss or damage to personal property of Tenant in connection with the collection Leased Premises by fire, the extended coverage perils, sprinkler leakage, vandalism and malicious mischief if and to the extent actually insured against, whether or not such loss or damage is the result of the negligence of Landlord, its employees or agents. This subsection does not impose any added obligation or expense upon Tenant nor require that it carry any insurance of any insurance moneys that may kind and is to be due in construed only as a limitation upon the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount rights of the insurance carriers to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestsubrogation.
Appears in 1 contract
Samples: Lease Agreement (Pc Connection Inc)
Tenant’s Insurance. (a) The Tenant shall maintain at all times shall, during the whole of the Term or a renewal thereofand during such other time as the Tenant occupies the Premises, including, without limitation, the Fixturing Period, take out and maintain the following insurance, in such form and with such companies as the Landlord may reasonably approve:
(ai) general comprehensive commercial liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, insurance against claims for bodily injury injury, including death and property damagedamage or loss arising out of the use or occupation of the Premises, with completed operation endorsement, for any occurrence in or the Tenant's business on or about the BuildingPremises or the Airport, including any sidewalk contiguous and such insurance shall include the Landlord, Vantage Airport Group and the Kamloops Airport Authority Society as additional insureds and shall contain a "cross liability" or "severability of interests" clause so that the Landlord, Vantage Airport Group and the Kamloops Airport Authority Society and the Tenant may be insured in the same manner and to or abutting the Demised Premisessame extent as if individual policies had been issued to each, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an for the amount of not less than Five Million Dollars ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that ) combined single limit or such limit of coverage other amount as may be provided reasonably required by the Landlord from time to time, and such comprehensive general liability insurance shall, for the Tenant's benefit only, include contractual liability insurance in a form and of a nature broad enough to insure the obligations imposed upon the Tenant under the terms of this Lease;
(ii) Tenant's legal liability insurance in an amount equal to the full replacement value of the Tenant’s commercial general Work in the Premises as determined, in the event of any dispute, by the Landlord's independent insurance advisor;
(iii) all risks property insurance upon its merchandise, stock-in-trade, furniture, fixtures and improvements and upon all other property in the Premises owned by the Tenant or for which the Tenant is legally liable, all in an amount equal to the full replacement value thereof;
(iv) boiler and machinery insurance on such boilers and pressure vessels as may be installed by, or under the exclusive control of, the Tenant in the Premises; and
(v) automobile liability policy insurance with respect to all motor vehicles operated by the Tenant in conjunction connection with an umbrella liability or excess liability policy;the Tenant’s business at the Airport.
(b) The policies of insurance against loss referred to above shall contain the following:
(i) provisions that the Landlord is protected notwithstanding any act, neglect or damage misrepresentation of the Tenant which might otherwise result in the avoidance of a claim under such policies and that such policies shall not be affected or invalidated by fire and such other risks and hazards (includingany act, burglary, theft and breakage omission or negligence of glass any third party which is not within the premisesknowledge or control of the Landlord;
(ii) as are insurable under a Special Cause of Loss form or its equivalent, provisions that such policies and the coverage evidenced thereby shall be primary and non-contributing with respect to Tenant’s any policies carried by the Landlord and that any coverage carried by the Landlord shall be excess coverage;
(iii) all property and Alterationsboiler insurance referred to above shall include the Landlord as a loss payee as its interests may appear, and shall provide for waivers of the full replacement cost value thereof insurer's rights of subrogation as against the Landlord and those for whom the Landlord is, in law, responsible;
(including an “agreed amount” endorsement);iv) provisions that such policies shall not be cancelled without the insurer providing the Landlord thirty (30) days' prior written notice stating when such cancellation shall be effective.
(c) business Interruption covering base Rent The Tenant shall further during the whole of the Term maintain such other insurance in such amounts and Additional Rent for a period of at least one (1) year;upon such terms as the Landlord may reasonably determine from time to time.
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior Evidence satisfactory to the Commencement Date, such fully paid-for policies or certificates Landlord of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies of insurance shall contain a provision whereby be provided to the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestupon request.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Insurance. Tenant shall maintain at all times during the Term or a renewal thereof:
(a) general liability providing coverage The Tenant shall throughout the Term, at its own cost and expense, take out and keep in full force and effect and in the names of the latest version Tenant and the Landlord the following insurance;
(i) All-risks (including flood and earthquake) insurance upon property of ISO form CG0001 every description and kind owned by the Tenant or its equivalentfor which the Tenant is legally liable (including, covering Tenant’s indemnity obligations under this Leasewithout limitation, subject to signs) and which is located on the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence Premises in an amount of not less than the full replacement cost thereof;
(ii) business interruption insurance;
(iii) public liability and property damage insurance including personal injury liability, bodily injury liability, tenant legal liability, contractual liability and owners' protective insurance coverage with respect to the Premises and the Tenant's use of the area. Such policies shall be written on a comprehensive basis within inclusive limits of not less than Five Million Dollars ($5,000,000.00)5,000,000) or such higher limits as the Landlord may reasonably require from time to time; and
(iv) any other form of insurance as the Tenant or the Landlord may reasonably require from time to time in form, per occurrence in amounts and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;for insurance risks against which a prudent tenant would insure.
(b) All policies required to be written on behalf of the Tenant pursuant to this Section 9.01 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. The Tenant agrees that certificates of insurance against loss will be delivered to the Landlord as soon as practicable after the placing of the required insurance. All policies shall contain an undertaking by the insurers to notify the Landlord in writing not less than thirty (30) days prior to any material change, cancellation or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);termination thereof.
(c) business Interruption covering base Rent The Tenant agrees that if the Tenant fails to take out or keep in force any such insurance referred to in this Section 9.01, and should the Tenant not rectify the situation immediately after written notice by the Landlord to the Tenant, the Landlord has the right without assuming any obligation in connection therewith to effect such insurance at the sole cost of the Tenant and all outlays by the Landlord shall be immediately paid by the Tenant to the Landlord as Additional Rent for a period without prejudice to any other rights and remedies of at least one (1) year;the Landlord under this Lease.
(d) worker’s compensation If notice of cancellation shall be given respecting any insurance and disability benefits policy or if any insurance in statutory limits;
(e) when Alterations are in processpolicy upon the Premises or the Lands or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Premises or any part thereof or the acts or omissions of the Tenant, the insurance specified Tenant shall forthwith remedy or rectify such use or occupation upon request to do so in Section 4.02(f). The limits writing by the Landlord, and if the Tenant shall fail to do so within twenty-four (24) hours of such insurance written request, the Landlord shall not limit have the right to enter onto the Premises and rectify the situation, without liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement DateTenant for any loss or damage occasioned by such entry and rectification, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued entitled to hold the Tenant liable for any damage or loss resulting from such cancellation or refusal, or the Landlord may at its option determine this Lease forthwith by companies leaving upon the Premises notice in writing of recognized responsibility licensed its intention to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestso.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Insurance. (a) Tenant shall maintain at the following insurance throughout the Term: (i) “All Risk” or Special Form property insurance including but not limited to, fire, extended coverage, vandalism and malicious mischief coverage upon all times during the Term or a renewal thereof:
(a) general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms property owned by Tenant and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence located in or about the Building, including any sidewalk contiguous in the full replacement cost thereof; (ii) Commercial General Liability Insurance to or abutting the Demised Premisesinclude personal injury, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insuredbodily injury, property damage liability (with minimum limits of liability under such policya broadening endorsement), including products liability and completed premises/operations, shall be a combined single limit with respect to each occurrence owner’s protective coverage, blanket contractual liability, in an amount of limits not less than Five Million Dollars ($5,000,000.00) per occurrence, inclusive, with a deductible not to exceed One Hundred Thousand Dollars ($100,000.00); (iii) Workers Compensation insurance with limits at least as required by applicable law; (iv) Employers Liability insurance with limits of at least $1,000,000 each accident, per occurrence $1,000,000 each employee, and aggregate$1,000,000 policy limit for disease; and (v) Business Interruption Insurance in amounts reasonably acceptable to Landlord. The Landlord shall have the right from time to time to require additional insurance or coverages or increase such minimum limits as Landlord may reasonably require, it being agreed and understood that such limit of coverage may be provided by upon notice to the Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;.
(b) All policies shall be taken out with insurers acceptable to Landlord, in form satisfactory to Landlord, and shall (i) include Landlord and any mortgagee of Landlord as additional insureds, as their interests may appear, (ii) contain a waiver of any right of subrogation against Landlord, its agents, employees, and representatives which might arise for any reason, (iii) contain a cross-liability endorsement, and (iv) contain a provision that any coverage afforded thereby shall be primary and noncontributing with respect to any insurance against loss or damage carried by fire Landlord, and such other risks any insurance carried by Landlord shall be excess and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenantnoncontributing. Tenant shall deliver provide certificates of insurance in form satisfactory to Landlord and any additional insureds, at least 10 days prior to before the Commencement Date, such fully paid-for policies or and shall provide certificates of insurance, in form reasonably satisfactory to Landlord 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 such evidencing renewal policy or a certificate thereof at least 30 ten (10) days before the expiration of any existing such policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed an endorsement requiring at least thirty (30) days’ prior written notice to lapse or modified unless Landlord and any additional insureds are given at least 30 days mortgagee of Landlord prior written notice to any material change, reduction, or cancellation.
(c) Upon termination of such cancellationthis Lease pursuant to any casualty, lapse or modification. Tenant shall cooperate with retain any proceeds attributable to Tenant’s personal property and Alterations not affixed to the Premises, but Tenant shall immediately pay to Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained proceeds received by Tenant under this Section 7.02 be increased, so that relating to any Alterations affixed to the amount thereof adequately protects Landlord’s interestPremises unless Landlord has required their removal.
Appears in 1 contract
Samples: Lease Agreement (Gulfstream International Group Inc)
Tenant’s Insurance. 22.1 Tenant shall maintain procure at all times its cost and expense and keep in effect during the Term or a renewal thereof:
(a) comprehensive general liability providing coverage insurance including contractual liability with a minimum combined single limit of the latest version liability of ISO form CG0001 two million dollars ($2,000,000); (b) reasonable and customary property insurance in amounts sufficient to repair or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and replace Xxxxxx's personal property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose improvements or betterments in which the Tenant has an insurable property interest; and (c) any other insurance reasonably required by Landlord. Such insurance shall name and address have been furnished to Tenant shall be named Landlord as an additional insured, with minimum limits of shall specifically include the liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an assumed hereunder by Xxxxxx (provided that the amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not be construed to limit the liability of TenantTenant hereunder), and shall provide that Landlord shall receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord and any additional insureds, at least 10 days prior to on or before the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof thereafter at least 30 thirty (30) days before the expiration dates of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such ratingexpiring policies; and, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and deliver the cost thereof shall be paid to Landlord such proofs an Additional Rent within five (5) days after delivery to Tenant of loss and other instruments which may be required to recover bills therefor. Tenant's compliance with the provisions-of this Article 22 shall in no way limit Tenant's liability under any such insurance moneys. Landlord may from time to time require that the amount of the insurance other provisions of this Lease.
22.2 Neither party hereto shall be liable to the other party hereunder nor to any insurer or other party claiming by way of subrogation through or under such other party with respect to any loss or damage to the extent that such other party shall be reimbursed or has the right to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestreimbursed out of insurance (without regard to any deductible provision in any policy) carried for such other party's protection with respect to such loss or damage.
Appears in 1 contract
Samples: Office Lease (Mastech Corp)
Tenant’s Insurance. Tenant Tenant, at its sole expense, shall maintain at all times during the Term or a renewal thereof:
(maintain: a) All Risk coverage insurance on all fixtures, improvements, furnishings, merchandise, equipment and personal property in the Premises; and b) for the benefit of Tenant and Landlord, commercial general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, property damage insurance against claims for bodily injury and injury, death or property damagedamage occurring in or about, and/or arising from Tenant's use of, the Premises, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one $2,000,000 (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall include, without limitation, products liability, coverage for liability arising from consumption of any food or beverages sold from the Premises (including coverage for liability from consumption or sale of alcoholic beverages). Such insurance coverage shall not limit the liability of Tenant's liability. Tenant shall deliver furnish to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before Days prior to the expiration date of any existing policy, certificates indicating that the insurance required of Tenant is in full force and effect, that Landlord has been named as an additional insured on the liability policy, and that no such policy will be canceled unless 30 Days' prior written notice has been given to Landlord. All Each liability policy shall include a broad form liability endorsement and provide that Landlord as an additional insured may recover for any loss it suffers by reason of acts/omissions of Tenant and its Agents. Except as Landlord may approve in writing before issuance of such policy, all policies which Tenant shall obtain hereunder shall be issued by companies with "AAA" rating by either Moodx'x Xxxing Service or Standard & Poor's Rating Service and general policy rating of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modificationA in Best Insurance Guide's then most current issue. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained Policies obtained by Tenant under pursuant to this Section 7.02 Lease shall be increased, so that the amount thereof adequately protects subject to Landlord’s interest's reasonable approval.
Appears in 1 contract
Samples: Premises Lease (Pixar \Ca\)
Tenant’s Insurance. (a) Tenant shall maintain at all times shall, during the Term or a renewal thereofand any other period of occupancy, at its sole cost and expense, keep in full force the following insurance:
(ai) general liability providing coverage of the latest version of ISO Standard form CG0001 property insurance insuring against all-risk perils (“All-Risk”) and sprinkler leakage. This insurance policy shall be upon all property owned by Tenant, for which Tenant is legally liable or its equivalent, covering that was installed at Tenant’s indemnity obligations under this Leaseexpense, subject to and which is located in the terms and conditions of the policyBuilding including, against claims for bodily injury and property damagewithout limitation, with completed operation endorsementfurniture, for any occurrence in or about the Buildingfittings, including any sidewalk contiguous to or abutting the Demised Premisesinstallations, under which Landlord and its agent fixtures (other than tenant improvements installed by Landlord), and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insuredother personal property, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof thereof. If there is a dispute as to the amount which comprises full replacement cost, the reasonable decision of Landlord or any mortgagees of Landlord shall be conclusive. This insurance policy shall also cover direct or indirect loss of Tenant’s earnings attributable to Tenant’s inability to use fully or obtain access to the Premises or Building in an amount which will properly reimburse Tenant. Such policy shall name Landlord and any mortgagees of Landlord (including an “agreed amount” endorsement);which mortgagee has been identified in writing to Tenant) as insured parties, as their respective interests may appear.
(cii) business Interruption 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 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 in an occurrence. The policy shall insure the hazards of the Premises and Tenant’s operations thereon, independent contractors, and contractual liability (covering base the indemnity contained in Paragraph 20), and shall (1) name Landlord and Landlord’s lender(s) and mortgagee(s) as additional insureds, (2) contain a cross-liability provision, and (3) contain a provision that the insurance provided Landlord under this Subparagraph 22(a)(ii) shall be primary and non-contributing with any other insurance available to Landlord.
(iii) Workers’ Compensation and Employer’s Liability insurance as required by state law.
(iv) Business interruption insurance coverage for all Basic Monthly Rent and Additional Rent Operating Expenses for a period of at least one twelve (112) year;months.
(dv) worker’s compensation Any other commercially reasonable form or forms of insurance which Tenant, Landlord or any mortgagees of Landlord may reasonably require from time to time in form, in amounts, and disability benefits for insurance in statutory limits;risks against which a prudent tenant would protect itself.
(eb) when Alterations are All policies to be procured by Tenant shall be written in processa form satisfactory to Landlord and shall be maintained with insurance companies holding a General Policyholders Rating of “A” and a Financial Rating of “X” or better, as set forth in the insurance specified in Section 4.02(f)most current issue of Best’s Insurance Guide. The limits Within ten (10) days after Table of such insurance shall not limit Contents the liability execution of Tenant. this Lease and before occupying the Premises, Tenant shall deliver to Landlord certificates evidencing the existence of the amounts and any additional insuredsforms of coverage satisfactory to Landlord. No such policy shall be cancelable or reducible in coverage without at least thirty (30) days prior written notice to Landlord. Tenant shall, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 ten (10) days before the expiration of such policies, furnish Landlord with renewals or “binders” thereof, or Landlord may order such insurance and charge the cost thereof to Tenant as additional rent. If Landlord obtains any existing policyinsurance that is the responsibility of Tenant under this Xxxxxxxxx 00, Xxxxxxxx shall deliver to Tenant a written statement setting forth the cost of any such insurance and showing in reasonable detail the manner in which it has been computed, and Tenant shall reimburse Landlord such amount at the Lease Interest Rate until paid.
(c) During the Term, Landlord shall insure the Building (excluding any property which Tenant is obligated to insure under Subparagraphs 22(a)) against damage with All-Risk insurance and public liability insurance, all in such amounts and with such deductibles as Landlord reasonably considers appropriate. All Landlord may, but shall not be obligated to, obtain and carry earthquake insurance, flood insurance, rental interruption insurance, or any other form or forms of insurance as Landlord’s mortgagees may determine advisable. Tenant acknowledges that Tenant’s insurance shall in any event provide primary coverage and 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 which may be prohibited by any insurance policy periodically in force covering the Building. If Tenant’s use of 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 therefor 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 any 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 issued by companies canceled or cancellation shall be threatened or the premium or coverage thereunder changed or threatened to be changed in any way because of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports the use of the Premises or any successor publication part thereof by Tenant or any assignee or subtenant of comparable standing as A/XII Tenant or better by anyone Tenant permits on the Premises and, if Tenant fails to remedy the condition giving rise to such threatened or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such actual cancellation, lapse or modification. Tenant shall cooperate with threatened or actual change in coverage or premiums, then, within forty-eight (48) hours after notice thereof, Landlord in connection with may, at its option, enter upon the collection of any insurance moneys that may be due in the event of loss Premises and attempt to remedy such condition, and Tenant shall execute and deliver promptly pay the cost thereof to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneysas additional rent. Landlord may shall not be liable for any damage or injury caused to any property of Tenant or of others located on the Premises resulting from time such entry. If Landlord is unable or elects not to time require that the amount remedy such condition, then Landlord shall have all of the remedies for a Tenant default provided for in this Lease.
(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 be maintained the extent rights have been waived by the insured before the occurrence of injury or loss. Landlord and Tenant under this Section 7.02 be increased, so that waive any rights of recovery against the amount thereof adequately protects Landlord’s interestother 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: Lease Agreement (Synbiotics Corp)
Tenant’s Insurance. Tenant shall maintain at all times during the Term or a renewal thereofinsurance as follows, with such other terms, coverages and insurers, as Landlord shall reasonably require from time to time:
(a) general liability providing coverage of Commercial General Liability Insurance, with (i) Contractual Liability including the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under indemnification provisions contained in this Lease, subject to (ii) a severability of interest endorsement, and (iii) limits of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence, not less than Two Million Dollars ($2,000,000) in the terms and conditions of the policy, against claims aggregate for bodily injury injury, sickness or death, and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount umbrella coverage of not less than Five Million Dollars ($5,000,000.005,000,000), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;.
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause Causes of Loss (ISO form CP 10 30 10/00 or its substantive equivalent, to Tenant’s property and Alterations, for ) Insurance covering the full replacement cost value thereof (including an “agreed amount” endorsement);of all leasehold improvements, trade fixtures and personal property in or on the Premises, with a commercially reasonable deductible.
(c) business Interruption covering base Rent Business Income insurance and Additional Rent 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 at least not less than one (1) year;.
(d) worker’s Workers’ compensation insurance and disability benefits or similar insurance in statutory 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 Tenant’s insurance shall be primary and not contributory to that carried by Landlord, its agents, or mortgagee. Landlord, and if any, Landlord’s building manager or agent, and, if Landlord requests, any Security Holder (e) when Alterations are as defined in processSection 16.1 below), shall be named as additional insureds under the insurance specified required of the Tenant in Section 4.02(f8.3(a). The limits of such , and Tenant’s property insurance policies shall not limit the liability of Tenant. Tenant be endorsed to provide that any loss shall deliver be payable to Landlord and such other additional parties as Landlord may specify, as their respective interests may appear. The company or companies writing any additional insuredsinsurance which Tenant is required to maintain under this Lease, at least 10 days prior to as well as the Commencement Date, form of such fully paid-for policies or certificates of insurance, in form reasonably satisfactory shall at all times be subject to Landlord 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 thereofLandlord’s approval, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies company shall be issued by companies of recognized responsibility licensed to do business in New York State the state in which the Building is located. Such insurance companies shall have a A.M. Best rating of A VI or better.
(e) Tenant shall cause any contractor of Tenant performing work on the Premises to maintain insurance as follows, with such other terms, coverages and rated by Bestinsurers, as Landlord shall reasonably require from time to time:
(i) Commercial General Liability Insurance, including contractor’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such ratingliability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement, and all such policies contractor’s protective liability coverage, to afford protection with limits, for each occurrence, of not less than One Million Dollars ($1,000,000) with respect to personal injury, death or property damage.
(ii) 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 whereby the same cannot be canceled, allowed to lapse or modified unless in favor of Landlord and any additional insureds are given at least 30 days prior written notice of such cancellationits agents. Tenant’s contractor’s insurance shall be primary and not contributory to that carried by Tenant, lapse Landlord, their agents or modificationmortgagees. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute Landlord, and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increasedif any, so that the amount thereof adequately protects Landlord’s interestbuilding manager or agent, and, if Landlord requests, any Security Holder shall be named as additional insured on Tenant’s contractor’s insurance policies.
Appears in 1 contract
Tenant’s Insurance. Tenant shall maintain obtain and keep in force, at all times during Tenant's expense, for the Term term of this Lease, and any extension or a renewal thereof, the following insurance:
(a) general liability providing Fire and extended coverage of the latest version of ISO form CG0001 or its equivalentinsurance, covering fire and extended coverage perils, including, in addition to other standard provisions, protection against theft, vandalism, malicious mischief, water damage and sprinkler leakage. Said policy shall cover Tenant’s indemnity obligations under this Lease's stock in trade, subject to the terms fixtures, furniture, equipment, signs, and conditions of the policyall other installations, against claims improvements and betterments made by or for bodily injury and property damageTenant, with completed operation endorsement, for any occurrence in on or about the Buildingleased premises, including any sidewalk contiguous to or abutting on the Demised Premises, under which Landlord basis of ninety percent (90%) of replacement cost; and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits provide for allowance of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount complete waiver of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;subrogation.
(b) insurance against loss Comprehensive general liability insurance, with combined single limit of One Million Dollars ($1,000,000.00) for each occurrence, or damage such higher limits as determined reasonably by fire Lessor. Said policy shall name Tenant as a named insured, and such other risks and hazards (Lessor as an additional insured; shall cover the leased premises, including, burglaryany elevators, theft boilers or pressure vessels therein; shall contain a broad form hold harmless endorsement identifying Lessor; and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);shall cover contractual agreements.
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation Any other standard insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form policy as may be required reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance Lessor from time to time, upon such terms and conditions as may be required reasonably by Lessor from time before to time, including, but not limited to, plate glass insurance. Said insurance required pursuant to the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration provisions of any existing policy. All such policies this paragraph shall be issued by companies of recognized responsibility licensed an insurance company legally authorized to do business in New York the State of Minnesota; shall be in a form satisfactory to Lessor; and rated shall provide for at least thirty (30) days' notice, by Best’s Insurance Reports certified mail, return receipt requested, to Lessor before cancellation, termination, nonrenewal or any successor publication of comparable standing as A/XII or better or the then equivalent change of such ratinginsurance. Evidence of said insurance, and all such policies any renewals thereof, shall contain a provision whereby the same cannot be canceled, allowed delivered to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due remain in the event possession of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLessor.
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Tenant’s Insurance. Tenant shall maintain at all times during the Term or Lease ------------------ Term, and at its sole cost and expense, maintain general commercial liability insurance (together with a renewal thereof:
(a) broad form comprehensive general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, endorsement) against claims liability for bodily injury and property damage. The aforesaid liability insurance shall also contain an endorsement naming Landlord, with completed operation endorsementand Landlord's partners, employees, agents and assignees, as "additional insureds," which endorsement shall cover the aforesaid additional insureds for any occurrence all acts and omissions of said parties in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant . The aforesaid insurance shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Two Million Dollars ($5,000,000.00), 2,000,000) per occurrence and not less than Five Million Dollars ($5,000,000) in the aggregate. In no event shall the limits of said policy be considered as limiting the liability of Tenant under this Lease. Tenant shall also at all times maintain standard "all risk" casualty insurance on the Tenant Improvements; and upon all of Tenant's equipment, it being agreed furnishings and understood that such limit fixtures, The aforesaid insurance shall be with companies licensed to do business with the Insurance Commissioner of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage the State of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f)California. The limits A certificate of such insurance shall not limit the liability of Tenant. Tenant shall deliver be delivered to Landlord and any additional insureds, at least 10 days prior to the Occupancy Date and, thereafter, on each anniversary date of the Commencement Date, such fully paid-. The certificate for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by Tenant's liability insurance shall certify that 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 policy names Landlord and any the other aforesaid persons and entities as "additional insureds such renewal insureds" and that the policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse canceled or modified unless Landlord and any additional insureds are given at least 30 altered without thirty (30} days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
Appears in 1 contract
Samples: Lease Agreement (Ise Labs Inc)
Tenant’s Insurance. (1) The Tenant shall shall, at its sole cost and expense, take out and maintain in full force and effect, at all times during throughout the Term or a renewal thereofTerm, the following insurance:
(a) general liability providing fire and extended perils under a standard extended form of fire insurance policy with standard extended coverage of the latest version of ISO form CG0001 or its equivalentendorsements, covering Tenant’s indemnity obligations under this Lease, subject to the in such amounts and on such terms and conditions as would be carried by a prudent owner of a similar project, having regard to the size, age and location of the policyproject on the Lands, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about such insurance shall add the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as an additional insured, with minimum limits coverage to the full insurable value thereof at all times (to be computed upon a replacement cost basis with deduction only of liability under such policy, including products liability the cost of excavation and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00foundations), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;; and
(b) general liability and property damage insurance, including personal liability, contractual liability, tenants’ legal liability, non-owned automobile liability and owners’ and contractors’ protective insurance against loss or damage by fire and such other risks and hazards (includingcoverage with respect to the Lands, burglary, theft and breakage of glass within the premises) as are insurable under written on a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period comprehensive basis with inclusive limits of at least one five million dollars (1$5,000,000) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in processfor each occurrence, or such higher limit as the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and Landlord, acting reasonably, or any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance Mortgagee requires from time to time before time.
(2) All public liability insurance shall contain a provision for cross liability or severability of interest as between the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policyTenant. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such foregoing property policies shall contain a provision whereby waiver of any right of subrogation or recourse by the same canTenant’s insurers against the Landlord or its contractors, agents and employees, whether or not be canceledany loss is caused by the act, allowed omission or negligence of the Landlord, its contractors, agents or employees. The Tenant shall obtain, from the insurers under the building coverage, undertakings to lapse or modified unless notify the Landlord and any additional insureds are given in writing at least 30 thirty (30) days prior written notice of such cancellation, lapse or modificationto any cancellation thereof. The Tenant shall cooperate with furnish to the Landlord, upon written request, certificates of all such policies. The Tenant agrees that if the Tenant fails to take out or to keep in force such insurance or provide a certificate of every policy and evidence of continuation of coverage as herein provided, the Landlord shall have the right to take out such insurance and to pay the premium thereof and, in connection with such event, the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver pay to the Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount paid as premium plus fifteen percent (15%), which payment shall be deemed to be Additional Rent payable on the first day of the insurance to be maintained next month following the said payment by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Insurance. The Tenant shall maintain at all times take out and keep in force during the Term or a renewal thereofand, such other time which the Tenant occupies the Premises:
(ai) comprehensive general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, Insurance against claims for personal injury, bodily injury injury, including death, and property damage, with completed operation endorsement, for any occurrence in damage or loss arising out of the use and/or occupation of the Premises or the Tenant's business on or about the Building, including any sidewalk contiguous Premises; such insurance shall be in the joint name of the Tenant and Landlord so as to or abutting indemnify and protect both the Demised Premises, under which Tenant and Landlord and its agent shall contain a "cross liability" and any Superior Mortgagee whose name "severability of interests" clause so that the Landlord and address have the Tenant may be Insured in the same manner and to the same extent as if individual policies had been furnished issued to Tenant each, and shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an for the amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that 5,000,000.00 combined single limit or such limit of coverage other amount as may be provided reasonably required by Tenant’s commercial the Landlord from time to time; such comprehensive general liability policy insurance shall, for the Tenant's benefit only, include Tenant's legal liability and contractual liability insurance in conjunction a form and of a nature broad enough to insure the obligations imposed upon the Tenant under the terms of this Lease;
(ii) all risks replacement cost insurance upon its merchandise, stock-in-trade, furniture, fixtures and improvements and upon all other property in the Premises, such insurance to include business interruption insurance to cover any loss of income which may be sustained by the Tenant and insurance on all leasehold or tenant improvements to the Premises whether paid for or installed by the Landlord;
(iii) insurance upon all glass and plate glass in the Premises, including the storefront, against breakage and damage from any cause, all In an amount equal to the full replacement value thereof, which amount in the event of a dispute shall be determined by the decision of the Landlord;
(iv) boiler and machinery insurance to include all. such boilers and pressure vessels and mechanical or electrical machinery as may be installed by, or under the exclusive control of, the Tenant in the Premises, such insurance to include business interruption insurance to cover any loss of income which may be sustained by the Tenant;
(v) owned automobile insurance with an umbrella liability respect to all motor vehicles owned by the Tenant and operated in its business; and
(vi) any other form of insurance that the Landlord or excess liability policy;any mortgagee or other encumbrance holder of the Landlord's interest in the Building and Land may reasonably require from time to time in forms, amounts and for insurance risks acceptable to the Landlord and any such mortgagee or other encumbrance holder.
(b) The policies of insurance against loss referred to above shall be in the form, on terms and with insurers acceptable to the Landlord and shall contain the following:
(i) provisions such that the Landlord is protected notwithstanding any act, neglect, or damage by fire misrepresentation of the Tenant which might otherwise result in the avoidance of a claim under such policies and such other risks and hazards (includingthat such policies shall not be affected or invalidated by any act, burglary, theft and breakage omission or negligence of glass any third party which is not within the premises) as are insurable under a Special Cause knowledge or control of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsementinsured(s);
(ii) provisions that such policies and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by the Landlord and that any coverage carried by the Landlord shall be excess coverage;
(iii) all insurance referred to above shall provide for waiver of the insurer's rights of subrogation as against the Landlord;
(iv) provisions that such policies of insurance shall not be cancelled or materially changed without the insurer providing the Landlord thirty (30) days' written notice in advance of such cancellation or material change.
(c) business Interruption covering base Rent The Tenant shall provide to the Landlord evidence of all such policies of insurance in force from time to time and Additional Rent for their renewal or continuance in force either by means of a period certified copy of at least one (1) year;each policy with all amendments and endorsements or a certificate from the Tenant's Insurer, In the form required by the Landlord, which, in the case of comprehensive general liability insurance, shall provide the information set out on Schedule "D".
(d) worker’s compensation All insurance required to be maintained by the Tenant hereunder shall be on terms and disability benefits insurance in statutory limits;
with insurers to which the Landlord has no reasonable objection and shall provide that such insurers shall provide to the Landlord thirty (e30) when Alterations are in process, the insurance specified in Section 4.02(f)days' prior written notice of cancellation or material alteration of such terms. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior furnish to the Commencement Date, such fully paid-for policies Landlord certificates or certificates of insurance, in form reasonably satisfactory other evidence acceptable to the Landlord issued by as to the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance Insurance from time to time before required to be effected by the expiration thereofTenant and its renewal or continuation in force, either by means of a certified copy of the policy or policies of insurance with all amendments and Tenant shall deliver to Landlord and any additional insureds such renewal policy endorsements or a certificate thereof at least 30 days before from the expiration Tenant's insurer which, in the case of any existing policycomprehensive general liability insurance, shall provide such information as the Landlord reasonably requires. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or If the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with fail to take out, renew and keep in force such insurance the Landlord in connection with may do so as the collection agent of any insurance moneys that may be due in the event of loss Tenant and the Tenant shall execute and deliver repay to the Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. amounts paid by the Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestas premiums forthwith upon demand.
Appears in 1 contract
Tenant’s Insurance. Tenant TENANT shall maintain at all times acquire during the Term or a renewal thereofterm of this lease the following coverage:
i) Self-insurance of, or the acquisition of Commercial Property Insurance on its personal property.
ii) COMMERCIAL GENERAL LIABILITY INSURANCE including blanket contractual liability coverage, personal injury liability coverage and broad form property damage liability endorsement with a combined single limit of not less than $1,500,000 per occurrence, $3,000,000 aggregate, shall be purchased by the TENANT. Such insurance shall: (a) general liability providing coverage name the City of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named Saint Xxxx as additional insured; (b) be primary with respect to LESSOR'S insurance or self-insurance; (c) not exclude explosion, collapse and underground property damage; (d) be written on an “Occurrence Form” policy basis; and (e) not contain an “aggregate” policy limit unless specifically approved in writing by LESSOR.
iii) AUTOMOBILE LIABILITY INSURANCE with minimum limits of liability under such policy, including products liability and completed operations, shall be a $1,000,000 combined single limit and $2,000,000 aggregate, covering hired, non-owned and owned automobiles.
iv) WORKERS' COMPENSATION INSURANCE with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence statutory minimum limits; and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction EMPLOYERS' LIABILITY INSURANCE with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period min- imum limits of at least one $500,000 per accident and with an all states endorse- ment.
v) TENANT shall supply to LESSOR current insurance certificates for policies required in Paragraph (18). The said certificates shall certify whether or not the agent has errors and omissions insurance coverage.
vi) year;The limits cited under each insurance requirement above establish minimums; and it is the sole responsibility of the TENANT to purchase and maintain additional insurance that may be necessary in relation to this lease.
(dvii) worker’s compensation insurance and disability benefits insurance Nothing in this contract shall constitute a waiver by the LESSOR of any statutory limits;limits or exceptions on liability.
(eviii) when Alterations are in process, TENANT shall place the insurance specified in Section 4.02(f). The limits of such with responsible insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord companies authorized and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 the State of Minnesota and rated approved by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such ratingXXXXXX, and all such shall deliver copies of the policies to LESSOR on the date of TENANT'S execution of this agreement. The policies required in Paragraph (8) shall contain a provision whereby be endorsed to indicate that the same insurer cannot be canceled, allowed to lapse cancel or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of change the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.without first giving LESSOR thirty
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Insurance. Tenant shall maintain at At all times during after the Term or execution of this Lease, Tenant will carry and maintain, at its expense with insurance companies reasonably acceptable to Landlord: (i) a renewal thereof:
(a) commercial general liability providing coverage of the latest version of ISO form CG0001 insurance policy, including insurance against assumed or its equivalent, covering Tenant’s indemnity obligations contractual liability under this Lease, subject to the terms and conditions for liability arising out of the policyownership, against claims for bodily injury use, occupancy or maintenance of the Premises and property damageall areas appurtenant thereto, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit afford protection with respect to each occurrence in an amount bodily injury, death or property damage (including loss of use) of not less than Five One Million Dollars ($5,000,000.00), per occurrence and 1,000,000) each occurrence/Two Million Dollars ($2,000,000) aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with ; (ii) an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other all-risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterationscasualty insurance (special form building and personal property coverage) policy, for the full including theft coverage, written at replacement cost value thereof with replacement cost endorsements, covering all of the Tenant’s property; (including an “agreed amount” endorsement);
(ciii) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance policy with applicable statutory limits, (iv) automobile liability with single limit coverage of at least $1,000,000 for all owned, leased/hired or non-owned vehicles, and disability benefits (v) an excess liability policy “following form” of not less than Three Million Dollars ($3,000,000), including a “drop down” feature in case the limits of the primary policy are exhausted. Landlord may also require all Outside Contractors to provide in addition to the insurance coverages referenced above such other insurance in statutory limits;
amounts and types and with such companies as may be reasonably requested by Landlord, including, without limitation, constructions all risk/builder’s risks (e) when Alterations are including loss of revenue), professional errors and omissions liability and equipment and tools. Each liability policy shall include an "Additional Insured Endorsement" in processfavor of Parkway Properties, Inc., its subsidiaries and affiliated companies, as well as the insurance specified in Section 4.02(f)employees, officers, directors and agents of such companies and any other designees of Landlord and shall be primary. The limits An XXXXX 25 certificate of such insurance in a form reasonably satisfactory to Landlord, or certified copies of the policies, shall not limit the liability of Tenant. Tenant shall deliver be furnished to Landlord on or before the earlier of the Commencement Date or ten (10) days after execution of the Lease, reflecting the limits and any additional insuredsendorsements required herein, and renewal XXXXX 25 certificates or certified copies of renewal policies shall be delivered to Landlord at least 10 thirty (30) days prior to the Commencement Date, such fully paidexpiration date of any policy. Each policy shall require notice of non-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 renewal to Landlord and any additional insureds shall further provide that it may not be altered or canceled without thirty (30) days prior notice to Landlord. Landlord agrees to cooperate with Tenant to the extent reasonably requested by Tenant to enable Tenant to obtain such renewal policy or a certificate thereof at least 30 days before insurance. Landlord shall have the expiration of any existing policyright to require increased limits if, in Landlord’s reasonable judgment, such increase is necessary. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects hereunder shall include a waiver of subrogation in favor of Landlord’s interest.
Appears in 1 contract
Samples: Lease Agreement (Hyperdynamics Corp)
Tenant’s Insurance. (a) During the whole of the Term and during such other time as the Tenant occupies the Premises, the Tenant shall take out and maintain in the names of the Tenant and the Landlord as their respective interests may appear, the following insurance coverage, at all times during the Term or a renewal thereofTenant's sole expense:
(ai) comprehensive general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, insurance against claims for third party bodily injury injury, including death, and property damagedamage or loss arising out of the use or Dominion/Investors/Trillium Lease Xxxx & Company occupation of the Premises, with completed operation endorsement, for any occurrence in or the Tenant's business on or about the BuildingPremises; such insurance to be in the joint names of the Tenant and the Landlord, including any sidewalk contiguous as well as the Landlord's mortgagee, so as to indemnify and protect both the Tenant and the Landlord, as well as the Landlord's mortgagee, and to contain a "cross liability" or abutting "severability of interest" clause so that the Demised Premises, under which Landlord and its agent the Tenant, as well as the Landlord's mortgagee, may be insured in the same manner and any Superior Mortgagee whose name to the same extent as if individual policies had been issued to each, and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an for the amount of not less than Five Million two million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that 2,000,000.00) dollars combined single limit or such limit of coverage greater amount as may be provided reasonably required by Tenant’s the Landlord from time to time which commercial general liability policy insurance shall include, for the Tenant's benefit only, tenant's all risk legal liability insurance in conjunction with an umbrella liability amount equal to the replacement cost of the Premises including loss of use thereof;
(ii) all risks of physical loss insurance upon its merchandise, stock-in-trade, furniture, fixtures, all glass and improvements and upon all other property in the Premises owned by the Tenant or excess liability policyfor which the Tenant is legally liable, including broad form boiler and machinery insurance, all in an amount equal to the full replacement cost thereof, which amount in the event of a dispute shall be determined by the decision of the Landlord;
(iii) business interruption coverage which shall provide for the payment of Minimum Rent and all additional costs collectible as Rent to the Landlord for a period of twelve (12) months;
(iv) coverage of breakage or damage from any cause to all internal and external glass and plate glass in or forming part of the Premises;
(v) insurance covering damage to the Building caused during burglary, for the benefit of the Landlord and Tenant;
(vi) any other form of insurance as the Landlord or Landlord's insurance agent, acting reasonably, may require from time to time, in amounts and for insurance risks against which a prudent tenant would insure.
(b) The Tenant's policies of insurance against loss hereinbefore referred to shall contain the following:
(i) provisions that the Landlord is protected notwithstanding any act, neglect or damage by fire misrepresentation of the Tenant which might otherwise result in the avoidance of claim under such policies and such other risks and hazards (includingpolicies shall not be affected or invalidated by any act, burglary, theft and breakage omission or negligence of glass the Tenant or any third party which is not within the premisescontrol of the Landlord;
(ii) provisions that such policies and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by the Landlord;
(iii) provisions that such policies of insurance shall provide for deductibles of not more than Fifty Thousand ($50,000.00) Dollars in all other instances;
(iv) all insurance referred to above shall provide for waiver of the insurer's rights of subrogation as are insurable under a Special Cause against the Landlord;
(v) provisions that such policies of Loss form insurance shall not be restricted, materially changed or its equivalentcancelled without the insurer providing the Landlord with Thirty (30) days written notice stating when such restriction, to Tenant’s property and Alterationschange or cancellation shall be, for the full replacement cost value thereof (including an “agreed amount” endorsement);effective.
(c) business Interruption covering base Rent The Tenant shall maintain such other insurance in such amounts and Additional Rent for a period in such sums as the Landlord may Dominion/Investors/Trillium Lease Xxxx & Company reasonably determine from time to time. Evidence satisfactory to the Landlord and its insurance agent of at least one (1) year;all such policies of insurance shall be provided to the Landlord upon request.
(d) worker’s compensation insurance Notwithstanding anything in this subsection 11.1, and disability benefits insurance in statutory limits;
(e) when Alterations are in processany event, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and be responsible for any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of deductibles not covered by insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
Appears in 1 contract
Samples: Sublease Agreement (Cray Inc)
Tenant’s Insurance. Tenant (a) Tenant, at Tenant’s expense, shall maintain at all times during the Term or a renewal thereofTerm:
(ai) property insurance written on an ISO CP 10 30-Cause of Loss-Special Form, commonly referred to as the “all risk” policy form, or equivalent, including, without limitation, coverage against sprinkler leakage and other damage due to water, insuring all present and future Tenant’s Property and Fixtures and any other personal property leased by or in the care, custody and control of Tenant and located in the Premises in an amount of not less than the full replacement cost thereof, with an agreed amount endorsement (waiving applicable co-insurance clause);
(ii) business interruption insurance covering any loss due to the occurrence of any of the hazards insured against by Tenant in Section 7.02(a)(i), in an amount sufficient to cover Tenant’s monetary obligations under this Lease for a period of at least twelve months;
(iii) commercial general liability providing insurance written on an ISO CG 00 01 occurrence policy form or equivalent, including a Separation of Insureds clause and coverage of the latest version of ISO form CG0001 or its equivalentfor contractual liability, covering Tenant’s indemnity contractual obligations under this Lease as an “insured contract”, personal injury liability, host liquor liability, premises-operations and hazards thereto, as well as liability arising out of this Lease, subject in respect of the Premises and the conduct or operation of business therein, with Landlord and Landlord’s managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, each as an additional insured (including for ongoing and products-completed operations coverage), which shall be primary, and any other insurance that may be available to Landlord and any such additional insured will be excess and non-contributory, in amounts of not less than $1,000,000 per occurrence and $2,000,000 general aggregate (applying per location) for bodily injury (including death) and property damage liability, $1,000,000 personal and advertising injury, and $2,000,000 products-completed operations (for which coverage shall be maintained continuously for a minimum period equal to three years after the completion of Tenant’s operations under this Lease);
(iv) workers’ compensation in statutory limits together with employer’s liability insurance in amounts of not less than $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee;
(v) business automobile liability insurance covering liability arising from any auto (including, owned, non-owned, and hired auto, provided that such non-owned and hired auto liability may be satisfied by endorsement to the terms and conditions commercial general liability policy) in an amount of the policy, against claims not less than $1,000,000 combined single limit per accident for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which names Landlord and its agent Landlord’s managing agent, if any, and any each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant shall be named Tenant, each as an additional insured, with minimum limits of liability under such policy, including products liability and completed operations, which shall be a combined single limit with respect primary, and any other insurance that may be available to each occurrence Landlord and any such additional insured will be excess and non-contributory;
(vi) liquor liability insurance, if Tenant sells or dispenses alcoholic beverages, in an amount amounts of not less than Five Million ($5,000,000.00), 5,000,000 per occurrence and $5,000,000 annual aggregate, it being agreed which names Landlord and understood Landlord’s managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, each as an additional insured, which shall be primary, and any other insurance that such limit of coverage may be provided by available to Landlord and any such additional insured will be excess and non-contributory;
(vii) umbrella/excess liability insurance on a follow form basis in amounts of not less than $10,000,000 per occurrence and $10,000,000 annual aggregate (applying per location) in excess of commercial general liability, employer’s liability, and automobile liability, as well as liquor liability (if applicable) insurance policies, concurrent to, and not more restrictive than such underlying insurance policies, which names Landlord and Landlord’s managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, each as an additional insured. Such umbrella/excess liability policy must be endorsed to provide that it is primary to, and non-contributory with, any other insurance on which Landlord and any such additional insured are an insured, whether such other insurance is primary, excess, self-insurance, or insurance on any other basis, which must cause the umbrella/excess coverage to be vertically exhausted, whereby such coverage is not subject to any "Other Insurance" provision under Tenant’s commercial general liability policy in conjunction with an umbrella liability or umbrella/excess liability policy. The limits of liability may be satisfied by a combination of primary and excess liability insurance;
(bviii) insurance against loss boiler and machinery, if there is a boiler, supplemental air conditioning unit or damage by fire pressure object or similar equipment in the Premises, with Landlord and such other risks Landlord’s managing agent, if any, and hazards (including, burglary, theft each Superior Lessor and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, Superior Mortgagee whose name and address shall have been furnished to Tenant’s property and Alterations, for as loss payees as their interests may appear, with limits of not less than the full replacement cost value thereof (including thereof, with an “agreed amount” amount endorsement);; and
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(eix) when Alterations are in process, the insurance specified in Section 4.02(f). ) above.
(b) The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insuranceinsurance as evidence of such policies required herein, in form reasonably satisfactory to Landlord and issued by the insurance company or its authorized agent. Tenant shall provide copies of policies to Landlord upon request. 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. In no event will any acceptance of certificates of insurance by Landlord, or failure of Tenant to provide certificates of insurance as required hereunder, be construed as a waiver or limitation of Tenant’s obligations to maintain insurance coverage pursuant to this Section 7.02. Tenant shall endorse all such liability policies to waive rights of subrogation against Landlord and Landlord’s managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant. All such policies shall be issued by companies of recognized responsibility licensed to do business in the State of New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII VIII or better or the then equivalent of such rating. In addition, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse lapse, or modified unless Landlord and any additional insureds insured are given at least 30 days prior written notice of such cancellation, lapse lapse, or modification, which shall be afforded by endorsement extending such notice of cancellation rights to Landlord and any additional insureds. The deductible or self-insured retention amount required under any insurance policy maintained by Tenant shall be the sole responsibility of Tenant and shall not exceed $100,000, unless otherwise approved by Landlord in writing. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
Appears in 1 contract
Samples: Lease (Justworks, Inc.)
Tenant’s Insurance. Tenant shall maintain at all times during the Term or a renewal thereof:
(a) "all risk" property insurance covering the Premises (including, without limitation, all present and future Tenant's Property and Tenant's Fixtures, but excluding any Landlord Obligation Areas) to a limit of not less than the full replacement cost thereof, (b) commercial general liability providing coverage insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the latest version Premises and the conduct or operation of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damagebusiness therein, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent managing agent, if any, and any each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant shall be named Tenant, as additional insuredinsureds, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence ($5,000,000.00)c) steam boiler, per occurrence and aggregateair conditioning or machinery insurance, it being agreed and understood that such limit if there is a boiler or pressure object or similar equipment in the Premises, with limits of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for not less than the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
such equipment, (d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f4.02(e) hereof and (e) the insurance specified in Section 8.25(d). Such insurance may be carried under blanket and/or umbrella policies covering the Premises and other properties owned or leased by Tenant; provided, that each such policy shall in all respects comply with this Section 7.02, shall specify that the portion of the total coverage of such policy that is allocated to the Premises is in the amounts required pursuant to this Section 7.02 and shall provide that the amount of coverage afforded thereunder with respect to the Premises shall not be reduced by claims thereunder against such other properties. The limits of such the insurance required under this Section 7.02 shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior on or before the Relevant Date with respect to the Commencement Dateeach Block (or any applicable portion thereof), such fully paid-for policies or certificates of insurance, in form reasonably satisfactory insurance evidencing the insurance required to Landlord be maintained by Tenant under this Section 7.02 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 such renewal policy or a certificate thereof 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 and rated by Best’s 's Insurance Reports or any successor publication of comparable standing as A/XII "A VIII" or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified canceled unless Landlord and any additional insureds are given at least 30 days days' prior written notice of such cancellation, lapse or modification. Landlord and Tenant shall cooperate with Landlord each other in connection with the collection of any insurance moneys monies that may be due in the event of loss and Landlord and Tenant shall execute and deliver to Landlord each other such proofs of loss and other instruments which may be required to recover any such insurance moneysmonies. Landlord may from time to time (but not more frequently than once every 3 years) require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestis equal to the amount of insurance which landlords of midtown Manhattan buildings comparable to the Building are then requiring tenants to carry.
Appears in 1 contract
Samples: Lease (Equitable Companies Inc)
Tenant’s Insurance. (a) The Tenant shall will, at its sole cost, during any period that the Tenant occupies the Premises, take out and maintain at all times during in full force and effect, the Term or a renewal thereoffollowing:
(ai) general liability providing coverage of the latest version of ISO form CG0001 “all risks” insurance (or its equivalent), including earthquake, flood and sewer backup perils, upon all merchandise, stock-in-trade, furniture, fixtures, equipment, leasehold improvements and other property of every kind and description located at the Premises, owned by the Tenant or for which the Tenant is responsible or legally liable, in an amount at least equal to the full insurable value thereof, calculated on a full replacement cost basis;
(ii) “comprehensive form” boiler and machinery insurance (or its equivalent) upon any boilers, pressure vessels or mechanical equipment located at the Premises in such amount as the Landlord may reasonably require from time to time;
(iii) automobile liability insurance to a limit of liability of not less than $2,000,000.00 in any one accident, covering Tenant’s indemnity obligations under this Leaseall licensed motor vehicles owned by the Tenant and used in connection with its business carried on, subject to in and from the terms and conditions of the policy, against claims for Premises;
(iv) commercial bodily injury and property damagedamage liability insurance (or its equivalent) applying to the operations of the Tenant carried on, with completed operation endorsementin and from the Premises and which will include, for any occurrence in or about the Buildingwithout limitation, including any sidewalk contiguous to or abutting the Demised Premisespersonal injury liability, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insuredproduct liability, with minimum limits of liability under such policycontractual liability, including products non-owned automobile liability, protective liability and completed operations, shall be a combined single limit Tenant’s legal liability with respect to each occurrence in the occupancy by the Tenant of the Premises; and such insurance will be written for an amount of not less than Five Million ($5,000,000.00);
(v) business interruption insurance (or its equivalent) for a minimum period of 12 months in the amount which will reimburse the Tenant for direct or indirect loss of earnings and extra expenses attributable to all perils insured against under Section 7.1(a)(i) or attributable to prevention of access to the Premises due to any such perils;
(vi) insurance against all risks of physical loss or damage to the Building, per occurrence including the perils of fire, flood and aggregateearthquake, it being agreed in amounts equal to the full insurable value thereof calculated on a replacement cost basis, and understood that subject to deductibles typically arranged by and available to reasonably prudent owners of properties similar to the Building at the time such limit coverage is placed; and
(vii) any other form or forms of coverage insurance as the Landlord or the Landlord’s Mortgagees may be provided by Tenant’s commercial general liability policy reasonably require from time to time in conjunction with an umbrella liability or excess liability policy;amounts and for perils against which a prudent tenant would protect itself in similar circumstances.
(b) All policies of insurance referred to in this Section 7.1 will include the following provisions:
(i) all property damage policies will contain a waiver of any subrogation rights which the Tenant’s insurer(s) may have against the Landlord and against those for whom the Landlord is, in law, responsible, whether any insured loss or damage is caused by the act, omission or negligence of the Landlord or by those for whose acts the Landlord is, in law, responsible or otherwise;
(ii) all policies of liability and Building insurance will name the Landlord and any persons or corporations designated by the Landlord and having an interest in the Premises as additional insureds and provide that each person, firm or corporation insured under such policies will be insured in the same manner and to the same extent as if separate policies had been issued to each; and
(iii) all policies will contain an undertaking by the insurers to notify the Landlord and the Landlord’s Mortgagees, in writing, not less than 30 days prior to any cancellation or other termination of any policy.
(c) All policies of insurance referred to in this Section 7.1 will be underwritten by insurers acceptable to the Landlord and on policy forms satisfactory to the Landlord. The Tenant will deliver to the Landlord certificates of insurance as soon as possible after the placing of each policy and thereafter annually. Whenever required by the Landlord, the Tenant will provide the Landlord with evidence that all premiums for all insurance policies have been paid.
(d) The Tenant will not do or permit anything to be done upon the Premises which might cause any policy of insurance against loss or damage to the Premises or against legal liability for damage to persons or property caused by fire and such other risks and hazards (includingthe ownership, burglarymaintenance, theft and breakage use or occupancy of glass within the premises) as are insurable under a Special Cause Premises, or by reason of Loss form or its equivalentthe conduct of any business carried on thereon, to Tenant’s property and Alterationsbe invalidated, and, for such purpose, upon receipt of notice in writing from any insurer of the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for Premises requiring the execution of works or a period discontinuance of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance any operations in statutory limits;order to correct such situation, the Tenant will immediately comply with the notice.
(e) when Alterations are in process, The Tenant will not do or permit anything to be done or exist upon the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys Premises that may be due would cause an increase in the event cost of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover the Landlord’s insurance or subject any such insurance moneysto cancellation. Landlord may from time The Tenant will pay to time require that the Landlord, on demand, the amount of any such increase of cost due to the insurance to be maintained by Tenant under Tenant’s breach of this Section 7.02 be increased7.1(e).
(f) If the Tenant fails to take out or keep in force any insurance coverage referred to in this Section 7.1, so that or if any such insurance is not approved by the amount thereof adequately protects Landlord and the Landlord’s interestMortgagees, and the Tenant does not correct the situation within 72 hours after written notice by the Landlord setting forth the Landlord’s objections, the Landlord, without assuming any obligation in connection therewith, may effect such insurance coverage and recover all costs and premiums incurred in effecting such insurance coverage from the Tenant.
Appears in 1 contract
Samples: Industrial Lease
Tenant’s Insurance. Tenant shall procure at its expense and maintain throughout the Lease Term (i) a policy or policies of all risk, real and personal property insurance insuring Tenant’s interest in its improvements to the Premises, and any and all furniture, equipment, supplies, and other property (excluding documentation and professional work product) owned, leased, held or possessed by it and contained therein, such insurance coverage to be in an amount equal to the full replacement value of such improvements and property, as such may increase from time to time (but such insurance may provide for a commercially reasonable deductible obtainable at commercially reasonable cost), (ii) a policy or policies of workers’ compensation insurance, if any, as required by applicable law, and (iii) during any period in which Tenant performs work in the Premises, builder’s risk insurance for the full replacement value of all times during work and improvements constructed or installed by Tenant in the Premises. Tenant shall also procure at its expense and shall maintain thereafter throughout the Lease Term a policy or a renewal thereof:
(a) policies of commercial general liability providing coverage insurance written on an “occurrence” basis insuring against liability for injury to or death of a person or persons and for damage to property occasioned by or arising out of any construction work being done by or on behalf of Tenant on the Premises, or arising out of the latest version condition, use or occupancy of ISO form CG0001 the Premises, or in any way occasioned by or arising out of the activities of Tenant, its equivalentmembers, covering partners, agents, contractors or employees in the Premises and the activities of Tenant’s indemnity obligations under this Leaseguests and licensees while in the Premises, subject the limits of such policy or policies to the terms and conditions of the policy, against claims be issued on a combined single limits basis for bodily both personal injury and property damage, with completed operation endorsement, damage in amounts not less than Five Million Dollars ($5,000,000) for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to each occurrence. Tenant shall be named as additional insured, with minimum limits also procure at its expense and shall maintain thereafter throughout the Lease Term a policy of umbrella/excess liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence insurance in an the amount of not less than Five Ten Million Dollars ($5,000,000.0010,000,000.00). Such insurance shall, in addition, extend to any liability of Tenant arising out of the indemnities provided for in this Lease, except the Hazardous Materials indemnity provided in Section 5 of this Lease. All insurance policies procured and maintained by Tenant pursuant to this Section 10 shall name Landlord, Landlord’s members or general partners (if requested by Landlord), per occurrence Landlord’s property manager (if requested by Landlord) and aggregate, it being agreed and understood that such limit of coverage may be provided by TenantLandlord’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premiseslender(s) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-primary carrier (but not any reinsurance carrier) for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the which 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility is licensed to do business in New York the State of Georgia and rated by has a rating pursuant to the latest version of A.M. Best’s Insurance Reports Guide of A-/VIII or higher (or an equivalent rating if such publication is discontinued), and shall be non cancelable except after thirty (30) days’ written notice to Landlord. Landlord shall have the right to review the foregoing insurance amounts and coverages every three (3) years and shall have the right to notify Tenant in writing of any successor publication required changes in the amounts and/or coverages (so long as the new coverages required by Landlord reflect the policies, coverages and amounts then being required by landlords in other comparable office buildings in the metropolitan Atlanta area) in which case Tenant shall have at least ninety (90) days to secure any changes in such insurance required by Landlord and to provide to Landlord copies of comparable standing as A/XII certificates of the amended (or better new) policies reflecting such changes; provided, however, Tenant shall have until the next annual renewal to initiate any change to any existing policy which policy is renewed annually by Tenant. Such insurance policies or the then equivalent duly executed certificates of such ratinginsurance, accompanied by proof of payment of the premium for such insurance, shall be delivered to Landlord prior to the commencement of the Lease Term and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice certificates of renewal of such cancellation, lapse insurance or modification. Tenant shall cooperate with Landlord in connection with the collection copies of any replacement insurance moneys that may policies satisfying the requirements of this Section 10 shall be due in the event of loss and Tenant shall execute and deliver delivered to Landlord such proofs prior to the expiration of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interesteach respective policy term.
Appears in 1 contract
Tenant’s Insurance. During the Term, Tenant shall maintain at all times during insurance for the Term or a renewal thereof:
benefit of Tenant and Landlord (aas their interests may appear) general liability providing coverage of for the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, insurance coverages set forth on the attached Exhibit F (subject to the provisions of Section 7.2 below), with terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form coverages reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of with such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof 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 increases in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing limits as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that reasonably request, consistent with requirements for comparable tenancies for the amount of Permitted Uses at other comparable first class, mixed-use (including retail), multi-tenant laboratory/office buildings in the East Cambridge market (“Comparable Mixed-Use Laboratory/ Office Buildings”). All insurance required to be maintained by Tenant under hereunder shall be with companies at all times having a current rating of not less than A- and financial category rating of at least Class X in “A.M. Best’s Insurance Guide” current edition. Prior to the Commencement Date and on each anniversary of that date (or on the policy renewal date), Tenant shall give Landlord certificate(s) evidencing such coverage in a customary XXXXX 25 form or a then applicable equivalent form (for institutionally-owned properties) reasonably specified by Landlord. Tenant shall provide notice to Landlord of cancellation or change in such policies to Landlord at least thirty (30) days in advance of such cancellation or change, except for a cancellation as a result of a non-payment of premium which notice shall be provided at least ten (10) days in advance of such cancellation. Liability insurance maintained by Tenant shall be deemed to be primary insurance, and any liability insurance maintained by Landlord shall be deemed secondary to it. Tenant may use blanket or excess umbrella coverage to satisfy any of the requirements of this Section 7.02 be increased7.1 and on such basis comply with the required limits set out herein, so provided that the amount thereof adequately protects Landlord’s interestany umbrella coverage is provided on a “following form” basis.
Appears in 1 contract
Samples: Lease Agreement (Cerevel Therapeutics Holdings, Inc.)
Tenant’s Insurance. Tenant shall maintain at all times during the Term or a renewal thereof:
(a) "all risk" property insurance covering all present and future Tenant's Property, Fixtures and Tenant's Improvements and Betterments to a limit of not less than the full replacement cost thereof, and (b) commercial general liability providing coverage insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the latest version Premises and the conduct or operation of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damagebusiness therein, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent managing agent, if any, and any each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant shall be named Tenant, as additional insuredinsureds, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per 5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent boiler and Additional Rent for machinery insurance, if there is a period boiler, supplementary air conditioner or pressure object or similar equipment in the Premises, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of at least one (1) year;
not less than $5,000,000 combined single limit and (d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f)) hereof. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any other additional insureds, at least 10 days prior to the Commencement Possession Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 other additional insureds such renewal policy or a certificate thereof 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 and rated by Best’s 's Insurance Reports or any successor publication of comparable standing as A/XII A-/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days days' prior written notice of such cancellation, lapse or modification. The proceeds of policies providing "all risk" property insurance of Tenant's Fixtures and Improvements and Betterments shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys 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 recover any such insurance moneysmonies. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s 's interest.
Appears in 1 contract
Samples: Lease (Actv Inc /De/)
Tenant’s Insurance. Tenant a. Tenant, at its expense, shall maintain at all times obtain and keep in full force and effect during the Term or a renewal thereofTerm:
(a) i. a policy of commercial general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, insurance on an occurrence basis against claims for personal injury, bodily injury and injury, death and/or property damage, with completed operation endorsement, for any occurrence damage occurring in or about the Building, including any sidewalk contiguous to or abutting the Demised PremisesComplex, under which Landlord Tenant is named as the insured and its agent (a) Landlord, (b) any lender whose loan is secured by a lien against the Complex, (c) the property manager for the Complex, (d) their respective shareholders, members, partners, affiliates and subsidiaries, successors and assigns, and (e) any Superior Mortgagee whose name and address have been furnished to Tenant shall be directors, officers, employees, agents, or contractors of such persons or entities are named as additional insuredinsureds (collectively, with the “Landlord Parties”). Such insurance shall provide primary coverage without contribution from any other insurance carried by or for the benefit of the Landlord Parties, and Tenant shall obtain blanket broad-form contractual liability coverage to insure its indemnity obligations set forth in Section 28 of the Lease Agreement. The minimum limits of liability under such policy, including products liability and completed operations, applying exclusively to the Leased Premises shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00)5,000,000; provided, per occurrence and aggregatehowever, it that Landlord shall retain the right to require Tenant to increase such coverage from time to time to that amount of insurance which in Landlord’s reasonable judgment is then being agreed and understood that customarily required by landlords for similar office space in buildings comparable to the Building. The deductible or self insured retention amount for such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policyshall not exceed $10,000;
(b) ii. insurance against loss or damage by fire fire, and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a then available standard forms of “Special Cause Form Causes of Loss form Loss” or its equivalent“All Risk” property insurance policies with extended coverage, to insuring Tenant’s movable fixtures and movable partitions, telephone and other equipment, computer systems, trade fixtures, furniture, furnishings, and other items of personal property which are removable without material damage to the Building (“Tenant’s Property”) and Alterationsall alterations and improvements to the Leased Premises (including the Leasehold Improvements constructed pursuant to Exhibit G to the Lease Agreement) to the extent such alterations and improvements exceed the cost of the improvements typically performed in connection with the initial occupancy of tenants in the Building (“Building Standard Installations”), for the full insurable value thereof or replacement cost value thereof thereof, having a deductible amount (including or self-insured retention amount), not in excess of $25,000;
iii. during the performance of any alteration, until completion thereof, Builder’s Risk insurance on an “agreed amountall risk” basis and on a completed value form including a Permission to Complete and Occupy endorsement);
(c) business Interruption , for full replacement value covering base Rent and Additional Rent for a period the interest of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to Tenant (and their respective contractors and subcontractors) in all work incorporated in the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, Building and all such policies shall contain a provision whereby materials and equipment in or about the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.Leased Premises;
Appears in 1 contract
Samples: Lease Agreement (Georesources Inc)
Tenant’s Insurance. (a) Tenant shall maintain the following insurance at its own expense throughout the Term: (i) a policy of insurance covering Tenant's trade fixtures and personal property in or about the Premises for all times during the Term or direct risk of physical loss (including so-called "all-risk" coverage and "extended coverage" and coverage for fire, vandalism and malicious mischief), in an amount not less than full replacement cost thereof; and (ii) a renewal thereof:
(a) policy of commercial general liability providing insurance, which insurance may be by a blanket insurance policy, insuring Tenant, including coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations for injuries to persons and damage to property assumed by Tenant under this Lease, subject to and naming Landlord as an additional insured, in limits not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) in the terms and conditions of the policy, against claims for bodily injury and property damagegeneral aggregate, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous a deductible not to or abutting the Demised Premises, under which Landlord exceed One Hundred Thousand Dollars ($100,000.00). Tenant acknowledges and its agent and any Superior Mortgagee whose name and address have been furnished to agrees that such property owned by Tenant shall be named as additional insuredat the sole risk and hazard of Tenant, with minimum limits of liability under such policy, including products liability and completed operations, if the whole or any part thereof shall be a combined single limit with respect destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or from any other cause, no part of said loss or damage is to each occurrence in an amount be charged to or be borne by Landlord regardless of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit any fault of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;Landlord.
(b) insurance against loss or damage by fire and such other risks and hazards All policies shall (including, burglary, theft and breakage of glass within the premisesi) as are insurable under a Special Cause of Loss form or its equivalent, be taken out with insurers reasonably acceptable to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insuranceLandlord, in form reasonably satisfactory to Landlord, and (ii) include Landlord issued by the insurance company or its authorized agentand any mortgagee of Landlord of which Tenant has received written notice as additional insureds, as their interests may appear. Tenant shall procure and pay for renewals provide certificates of such insurance from time in form satisfactory to time Landlord before the expiration thereofCommencement Date, and Tenant shall deliver to Landlord and any additional insureds such provide certificates evidencing renewal policy or a certificate thereof at least 30 ten (10) days before the expiration of any existing such policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed an endorsement requiring at least thirty (30) days' prior written notice to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior mortgagee of Landlord of which Tenant has received written notice prior to any material change, reduction, cancellation or other termination.
(c) Upon termination of such cancellationthis Lease pursuant to any casualty, lapse or modification. Tenant shall cooperate with retain any proceeds attributable to Tenant's personal property, trade fixtures, movable partitions, equipment and Alterations not affixed to the Premises, but Tenant shall immediately pay to Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained proceeds received by Tenant relating to the Leasehold Improvements and any Alterations affixed to the Premises which Tenant is not required or permitted to remove under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.
Appears in 1 contract
Samples: Office Lease (Sycamore Networks Inc)
Tenant’s Insurance. The following requirements for Tenant’s insurance shall be in effect during the Term, and Tenant shall maintain also cause any subtenant to comply with the requirements. Landlord reserves the right to adopt reasonable nondiscriminatory modifications and additions to these requirements.
1. Tenant shall maintain, at all times its sole cost and expense, during the Term or a renewal thereof:
entire Term: (ai) commercial general liability providing insurance with respect to the Premises and the operations of Tenant in, on or about the Premises, on a policy form that is at least as broad as Insurance Service Office (ISO) CGL 00 01 (if alcoholic beverages are sold on the Premises, liquor liability shall be explicitly covered), which policy(ies) shall be written on an “occurrence” basis and for not less than $2,000,000 combined single limit per occurrence for bodily injury, death, and property damage liability; (ii) workers’ compensation insurance coverage as required by law, together with employers’ liability insurance coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations at least $1,000,000 each accident and each disease; (iii) with respect to Alterations constructed by Tenant under this Lease, subject to the terms and conditions of the policybuilder’s risk insurance, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount equal to the replacement cost of the work; and (iv) insurance against fire, vandalism, malicious mischief and such other additional perils as may be included in a standard “special form” policy, insuring all Alterations, trade fixtures, furnishings, equipment and items of personal property in the Premises, in an amount equal to not less than 90% of their replacement cost (with replacement cost endorsement), which policy shall also include business interruption coverage in an amount sufficient to cover 1 year of loss. In no event shall the limits of any policy be considered as limiting the liability of Tenant under this Lease.
2. All policies of insurance required to be carried by Tenant pursuant to this Exhibit D shall be written by insurance companies authorized to do business in the State of California and with a general policyholder rating of not less than Five Million ($5,000,000.00)“A-” and financial rating of not less than “VIII” in the most current Best’s Insurance Report. The deductible or other retained limit under any policy carried by Tenant shall be commercially reasonable, per occurrence and aggregate, it being agreed and understood that Tenant shall be responsible for payment of such deductible or retained limit with waiver of coverage subrogation in favor of Landlord. Any insurance required of Tenant may be provided furnished by Tenant under any blanket policy carried by it or under a separate policy. A certificate of insurance, certifying that the policy has been issued, provides the coverage required by this Exhibit and contains the required provisions, together with endorsements acceptable to Landlord evidencing the waiver of subrogation and additional insured provisions required below, shall be delivered to Landlord prior to the date Tenant is given the right of possession of the Premises. Proper evidence of the renewal of any insurance coverage shall also be delivered to Landlord prior to the expiration of the coverage. In the event of a loss covered by any policy under which Landlord is an additional insured, Landlord shall be entitled to review a copy of such policy.
3. Tenant’s commercial general liability insurance shall contain a provision that the policy shall be primary to and noncontributory with any policies carried by Landlord, together with a provision including Landlord and any other parties in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage interest designated by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) Landlord as are insurable under a Special Cause of Loss form or its equivalent, to additional insureds. Tenant’s property policies described in Subsections 1 (ii), (iii) and Alterations(iv) above shall each contain a waiver by the insurer of any right to subrogation against Landlord, its agents, employees, contractors and representatives. Tenant also waives its right of recovery for any deductible or retained limit under same policies enumerated above. To the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for extent such a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in processprovision is available, the insurance specified in Section 4.02(f)coverage shall provide that it may not be canceled or modified without at least thirty (30) days prior written notice to Landlord. The limits of In any event Tenant shall not modify or cancel such insurance coverage except upon thirty (30) days prior notice to Landlord and shall not limit the liability promptly notify Landlord of any notice of cancellation received by Tenant. Tenant shall deliver to also name Landlord and as an additional insured on any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies excess or certificates of insurance, in form reasonably satisfactory to Landlord issued umbrella liability insurance policy carried 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestTenant.
Appears in 1 contract
Tenant’s Insurance. (a) The Tenant shall take out and maintain the following insurance at all times during the Term or a renewal thereofTenant's sole expense, in such form and with such companies as the Landlord may reasonably approve:
(ai) comprehensive general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, insurance against claims for bodily injury and injury, including death, property damagedamage or loss arising out of the use and/or occupation of the Leased Premises, with completed operation endorsement, for any occurrence in or the Tenant's business on or about the Building, including any sidewalk contiguous Leased Premises; such insurance shall identify the Landlord as an additional insured so as to or abutting indemnify and protect both the Demised Premises, under which Tenant and the Landlord and its agent shall contain a "cross liability" or "severability of interests" clause so that the Landlord and any Superior Mortgagee whose name the Tenant may be insured in the same manner and address have to the same extent as if individual policies had been furnished issued to Tenant each, and shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in for an amount of not less than Five Two Million ($5,000,000.00)2,000,000.00) Dollars in respect of any one accident and not less than Two Hundred Thousand ($200,000.00) Dollars in respect of property damage for any one accident;
(ii) all risks insurance upon its merchandise, per occurrence stock-in-trade, furnitures, fixtures and aggregateimprovements and upon all other property in the Leased Premises owned by the Tenant or for which the Tenant is legally liable, it being agreed and understood that insurance upon all glass and plate glass in the Leased Premises against breakage and damage from any cause, all in an amount equal to the full replacement value thereof, which amount in the event of a dispute shall be determined by the decision of the Landlord, acting reasonably;
(iii) boiler and machinery insurance on such limit of coverage boilers and pressure vessels as may be provided by Tenant’s commercial general liability policy installed by, or under the exclusive control of, the Tenant in conjunction with an umbrella liability or excess liability policy;the Leased Premises; and
(b) The policies of insurance against loss referred to above shall contain the following:
(i) provisions such that the Landlord is protected notwithstanding any act, neglect, or damage by fire misrepresentation of the Tenant which might otherwise result in the avoidance of a claim under such policies and such other risks and hazards (includingthat such policies shall not be affected or invalidated by any act, burglary, theft and breakage omission or negligence of glass any third party which is not within the premises) as are insurable under a Special Cause knowledge or control of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsementinsured(s);
(cii) business Interruption covering base Rent provisions that such policies and Additional Rent for a period of at least one (1) yearthe coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by the Landlord and that any coverage carried by the Landlord shall be excess coverage;
(diii) worker’s compensation all property and boiler insurance and disability benefits insurance in statutory limitsreferred to above shall provide for waiver of the insurer's rights of subrogation as against the Landlord;
(eiv) when Alterations are in process, the insurance specified in Section 4.02(f). The limits policies of such insurance shall not limit be cancelled without the liability of Tenant. Tenant shall deliver to insurer providing the Landlord and any additional insureds, at least 10 thirty (30) days prior to the Commencement Date, written notice stating when such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies cancellation shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interesteffective.
Appears in 1 contract
Tenant’s Insurance. (a) During the whole of the Term and during such other time as the Tenant occupies the Premises, the Tenant shall take out and maintain in the names of the Tenant and the Landlord as their respective interests may appear, the following insurance coverage, at all times during the Term or a renewal thereofTenant’s sole expense:
(ai) comprehensive general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, insurance against claims for third party bodily injury injury, including death, and property damage, with completed operation endorsement, for any occurrence in damage or loss arising out of the use or occupation of the Premises or the Tenant’s business on or about the Building, including any sidewalk contiguous Premises; such insurance to or abutting be in the Demised Premises, under which joint names of the Tenant and the Landlord so as to indemnify and protect both the Tenant and the Landlord and its agent to contain a “cross liability” or “severability of interest” clause so that the Landlord and any Superior Mortgagee whose name the Tenant may be insured in the same manner and address have to the same extent as if individual policies had been furnished issued to Tenant each, and shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an for the amount of not less than Five Two Million Dollars ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that 2,000,000.00) combined single limit or such limit of coverage other amount as may be provided reasonably required by Tenant’s the Landlord from time to time which commercial general liability policy insurance shall include, for the Tenant’s benefit only, Tenant’s all risk legal liability insurance in conjunction with an umbrella liability amount equal to the replacement cost of the Premises including loss of use thereof;
(ii) all risks of physical loss insurance upon its merchandise, stock-in trade, furniture, trade fixtures, plate glass and all other property in the Premises owned or excess liability policyinstalled by or on behalf of the Tenant or for which the Tenant is legally liable, all in an amount equal to the full replacement cost thereof, which amount in the event of a dispute shall be determined by the decision of the Landlord;
(iii) broad form comprehensive boiler and machinery insurance on such boilers and pressure vessels, equipment as may be installed by, or under the exclusive control of, the Tenant in the Premises; and
(iv) business interruption coverage which shall provide for the payment of Minimum Rent and all additional costs collectible as Rent to the Landlord for a period of eighteen (18) months.
(b) The Tenant’s policies of insurance against loss hereinbefore referred to shall contain the following:
(i) provisions that the Landlord is protected notwithstanding any act, neglect or damage by fire misrepresentation of the Tenant which might otherwise result in the avoidance of claim under such policies and such other risks and hazards (includingpolicies shall not be affected or invalidated by any act, burglary, theft and breakage omission or negligence of glass the Tenant or any third party which is not within the premisescontrol of the Landlord;
(ii) as are insurable under a Special Cause provisions that such policies and coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by the Landlord;
(iii) provisions that such policies of Loss form or its equivalent, to Tenant’s property and Alterations, insurance shall provide for deductibles of not more than three (3%) percent of the full replacement cost value thereof of the property insured and One Thousand Dollars (including an “agreed amount” endorsement)$1,000.00) in all other instances;
(iv) all broad form comprehensive boiler and property insurance referred to above shall provide for waiver of the insurer’s rights of subrogation as against the Landlord; and
(v) provisions that such policies of insurance shall not be restricted, materially changed or cancelled without the insurer providing the Landlord with thirty (30) days written notice stating when such restriction, change or cancellation shall be effective.
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits The Tenant shall maintain such other insurance in statutory limits;
(e) when Alterations are such amounts and in process, such sums as the insurance specified in Section 4.02(f). The limits Landlord or any mortgagee of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form Building may reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance determine from time to time before time. Evidence satisfactory to the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies of insurance shall contain a provision whereby be provided to the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestupon request.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Insurance. Tenant shall maintain at insurance complying with all times during of the Term or a renewal thereoffollowing:
A. Tenant shall procure, pay for and keep in full force and effect the following:
(a1) Commercial general liability providing coverage of the latest version of ISO form CG0001 or its equivalentinsurance, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and including property damage, with completed operation endorsementagainst liability for personal injury, for any bodily injury, death and damage to property occurring in or about, or resulting from an occurrence in or about about, the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, Premises with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount coverage of not less than Five Million ($5,000,000.00)the amount of Tenant's Liability Insurance Minimum specified in SECTION P of the Summary, per occurrence and aggregate, it being agreed and understood that such limit which insurance shall contain a "contractual liability" endorsement insuring Tenant's performance of coverage may be provided by Tenant’s commercial general liability policy 's obligation to indemnify Landlord contained in conjunction with an umbrella liability or excess liability policyPARA 10.3;
(b2) Fire and property damage insurance in so-called "all risk" form insuring Tenant's Trade Fixtures and Tenant's Alterations for the full actual replacement cost thereof;
(3) Business interruption insurance with limits of liability representing at least approximately six months of income, business auto liability covering owned, non-owned and hired vehicles with a limit of not less than $1,000,000 per accident, insurance protecting against loss or damage liability under workers' compensation laws with limits at least as required by fire statute, insurance for all plate glass in the Premises, and such other risks insurance that is either (i) required by any Lender, or (ii) reasonably required by Landlord and hazards customarily carried by tenants of similar property in similar businesses.
B. Where applicable and required by Landlord, each policy of insurance required to be carried by Tenant pursuant to this PARA 9.1: (including, burglary, theft i) shall name Landlord and breakage of glass within such other parties in interest as Landlord reasonably designates as additional insured; (ii) shall be primary insurance which provides that the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, insurer shall be liable for the full replacement cost value thereof amount of the loss up to and including the total amount of liability set forth in the declarations without the right of contribution from any other insurance coverage of Landlord; (including an “agreed amount” endorsement);
iii) shall be in a form satisfactory to Landlord; (civ) business Interruption covering base Rent and Additional Rent for a period of at least one shall be carried with companies reasonably acceptable to Landlord; (1v) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of shall provide that such insurance policy shall not limit the liability of Tenant. Tenant shall deliver be subject to Landlord and any additional insuredscancellation, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given change except after at least 30 days prior written notice to Landlord so long as such provision of 30 days notice is reasonably obtainable, but in any event not less than 10 days prior written notice; (vi) shall not have a "deductible" in excess of such cancellation, lapse or modificationamount as is approved by Landlord; (vii) shall contain a cross liability endorsement; and (viii) shall contain a "severability" clause. If Tenant shall cooperate with Landlord has in connection full force and effect a blanket policy of liability insurance with the collection same coverage for the Premises as described above, as well as other coverage of any other premises and properties of Tenant, or in which Tenant has some interest, such blanket insurance moneys shall satisfy the requirements of this PARA 9.1.
C. A copy of each paid-up policy evidencing the insurance required to be carried by Tenant pursuant to this PARA 9.1 (appropriately authenticated by the insurer) or a certificate of the insurer, certifying that may such policy has been issued, providing the coverage required by this PARA 9.1, and containing the provisions specified herein, shall be due in the event of loss and Tenant shall execute and deliver delivered to Landlord prior to the time Tenant or any of its Agents enters the Premises and upon renewal of such proofs policies, but not less than 5 days prior to the expiration of loss and other instruments which may be required to recover any the term of such insurance moneyscoverage,. Landlord may may, at any time, and from time to time, inspect and/or copy any and all insurance policies required to be procured by Tenant pursuant to this PARA 9.
1. If any Lender or insurance advisor reasonably determines at any time require that the amount of the coverage required for any policy of insurance Tenant is to obtain pursuant to this PARA 9.1 is not adequate, then Tenant shall increase such coverage for such insurance to be maintained such amount as such Lender or insurance advisor reasonably deems adequate, not to exceed the level of coverage for such insurance commonly carried by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcomparable businesses similarly situated.
Appears in 1 contract
Samples: Lease Agreement (Bookham, Inc.)
Tenant’s Insurance. Tenant shall maintain at all times during the Term or (i) “all risk” property insurance covering all present and future Tenant’s Property, Fixtures and Tenant’s Improvements and Betterments to a renewal limit of not less than the full replacement cost thereof:
, and (aii) commercial general liability providing coverage insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the latest version Premises and the conduct or operation of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damagebusiness therein, with completed operation endorsementLandlord 225 Fourth Company and Orda Management Corporation (or any other such managing agent), for any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent each Superior Lessor and any Superior Mortgagee whose name and address shall have been furnished to Tenant shall be named Tenant, as additional insuredinsureds, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per 5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and aggregate(iii) boiler and machinery insurance, it being agreed if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises, with Landlord and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire its managing agent, if any, and such other risks each Superior Lessor and hazards (including, burglary, theft Superior Mortgagee whose name and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, address shall have been furnished to Tenant’s property , as additional insureds, with limits of not less than $5,000,000 and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(eiv) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any other additional insureds, at least 10 ten (10) days prior to the Commencement Possession Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 other additional insureds such renewal policy or a certificate thereof at least 30 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII A-/VIII or better or the then equivalent of such rating, and all such policies shall shall, if available, contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days thirty (30) days’ prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property, Fixtures and Improvements and Betterments shall be payable to Tenant and shall be applied to the restoration of the Premises in accordance with the provisions of Section 7.05. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys 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 recover any such insurance moneysmonies. Landlord may from time to time (but not more frequently than once every twenty-four (24) months) require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestis equal to the amount of insurance which landlords of Comparable Buildings are then requiring to be carried by tenants with uses comparable to Tenant.
Appears in 1 contract
Tenant’s Insurance. To maintain the following insurance throughout the Term: (i) “All Risk” or Special Form property insurance including, but not limited to, fire, extended coverage, vandalism and malicious mischief coverage upon all property owned by Tenant shall maintain at all times during the Term or a renewal thereof:
(a) general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence located in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof thereof; (including ii) Extra Expense or, if applicable, Business Income Insurance in an “agreed amount” amount sufficient to reimburse Tenant for loss of use of the Premises attributable to the prevention of access to the Building or Premises as a result of the perils insured in clause (i) above; (iii) Commercial General Liability Insurance to include personal injury, bodily injury, property damage liability (with a broadening endorsement);
, premises/operations, blanket contractual liability, in limits not less than Two Million Dollars (c$2,000,000.00) business Interruption covering base Rent per occurrence, inclusive, with a deductible not to exceed One Hundred Thousand Dollars ($100,000.00); the limit can be satisfied through a combination of a primary general liability policy and Additional Rent for a period an umbrella liability policy; (iv) Workers’ Compensation insurance with limits at least as required by applicable law and Employers Liability insurance with limits of at least one $1,000,000 each accident, $1,000,000 each employee, and $1,000,000 policy limit for disease; and (1v) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f)Business Interruption Insurance as presently carried by Tenant or such higher amounts as Landlord may require. The Landlord shall have the right from time to time to require additional insurance or coverages or increase such minimum limits as Landlord may reasonably require, upon notice to the Tenant. All policies shall be taken out with insurers reasonably acceptable to Landlord, in form satisfactory to Landlord, and shall (i) include Landlord, Manager and any mortgagee of such Landlord as additional insureds, as their interests may appear, (ii) be written on an occurrence based form, (iii) contain a waiver of any right of subrogation against Landlord, its agents, employees, and representatives which might arise for any reason, (iv) contain a cross-liability endorsement, (v) contain a provision that any coverage afforded thereby shall be primary and noncontributing with respect to any insurance carried by Landlord, and any insurance carried by Landlord shall not limit the liability be excess and noncontributing, and (vi) contain an endorsement requiring at least thirty (30) days written notice to Landlord, and any mortgagee of TenantLandlord of which Tenant has been given notice, of any material change, reduction, cancellation or other termination. Tenant shall deliver provide certificates of insurance in form satisfactory to Landlord and any additional insureds, at least 10 days prior to before the Commencement Date, such fully paid-for policies or and shall provide certificates of insurance, in form reasonably satisfactory to Landlord 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 such evidencing renewal policy or a certificate thereof at least 30 ten (10) days before the expiration of any existing such policy. All such policies Upon termination of this Lease pursuant to any casualty, Tenant shall be issued immediately pay to Landlord any insurance proceeds received by companies of recognized responsibility licensed Tenant relating to do business in New York State the Landlord’s Work and rated by Best’s Insurance Reports any alterations or any successor publication of comparable standing as A/XII or better or improvements to the then equivalent of such ratingPremises, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be has required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interesttheir removal.
Appears in 1 contract
Tenant’s Insurance. Tenant Tenant, at its sole cost and expense, shall procure and maintain at all times during the Term or a renewal thereoffollowing types of insurance:
(ai) Commercial general liability providing coverage of the latest version of ISO form CG0001 or its equivalentinsurance against injuries to persons occurring in, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in upon or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insuredProject, with minimum limits coverage of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million Dollars ($5,000,000.00), ) per occurrence and aggregateFive Million Dollars ($5,000,000.00) aggregate coverage per one (1) accident or disaster, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policyOne Million Dollars ($1,000,000.00) for property damage;
(bii) “Special form” property insurance on Tenant’s Personal Property for its full insurable value on a replacement cost basis;
(iii) Business interruption insurance, against loss or damage by fire and such other resulting from the same risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause covered by the insurance mentioned in subparagraph (ii) above in an amount equal to the aggregate of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;’s requirement of (A) Base Rent, (B) Additional Rent, and (C) insurance premiums necessary to comply with this Paragraph 17(a); and
(div) workerWorkers’ Compensation or similar insurance, if and to the extent and in form and amounts required by Applicable Laws. Tenant shall name Landlord, Lender and Landlord’s compensation property manager as an additional insured on its liability insurance and disability benefits may meet the liability requirements through an umbrella or excess insurance policy. Tenant’s liability insurance shall be primary with respect to the Premises and secondary with respect to the Project other than the Premises. Tenant’s Insurance shall be written with a company or companies reasonably satisfactory to Landlord, having a policyholder rating of at least “A” and be assigned a financial size category of at least “Class X” as rated in the most recent edition of “Best’s Key Rating Guide” for insurance companies, and authorized to engage in the business of insurance in statutory limits;
(e) when Alterations the state in which the Premises are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenantlocated. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, customary insurance certificates evidencing such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to up insurance and if requested by Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals copies of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policypolicies. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by BestTenant’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby further provide that the same canmay not be canceled, allowed to lapse terminated or modified unless the insurer gives Landlord and any additional insureds are given Lender at least 30 thirty (30) days prior written notice of such cancellation, lapse termination or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
Appears in 1 contract
Samples: Lease Agreement (Accuro Healthcare Solutions, Inc.)
Tenant’s Insurance. (a) The Tenant shall maintain during any rent free period and the entire Term hereof, at all times during its sole cost and expense, take out and keep in full force and effect the Term or a renewal thereoffollowing insurance protecting the interests of the Tenant, the Landlord and the mortgagees of the Landlord as their respective interests may appear:
(ai) general liability providing coverage insurance upon property of every description and kind owned by the Tenant, installed by or on behalf of the latest version of ISO form CG0001 Tenant or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to for which the terms Tenant is legally liable (and conditions of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence in or about which is located within the Building), including any sidewalk contiguous without limitation furniture, fittings, installations, alterations, additions, partitions, fixtures and anything in the nature of a leasehold improvement; such insurance to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount not less than ninety (90%) percent of the full replacement cost thereof, with coverage against, at least, the perils of fire and standard extended coverage including sprinkler leakages (when applicable), earthquake, flood and collapse and if there is a dispute as to the amount which comprises full replacement cost, the decision of the Landlord or the mortgagees of the Landlord shall be conclusive;
(ii) business interruption insurance in such amounts as will reimburse the Tenant for a period of not less than Five Million two ($5,000,000.00), per occurrence 2) years for direct and aggregate, indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Leased Premises or to the Building as a result of such perils; in the event the Tenant fails to provide aforesaid insurance then the Tenant shall be deemed to have given to the Landlord a waiver of claim as it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policypertains to any business interruption;
(biii) public liability and property damage insurance against loss including without limitation personal Injury liability, contractual liability, non-owned automobile liability and owners' and contractors' protective insurance coverage with respect to the Leased Premises and the Tenant's use of any part of the Building and which coverage shall include the activities and operations conducted by the Tenant and any other person on the Leased Premises; such policies shall be written on a comprehensive basis with limits of not less than $5,000,000.00 for bodily injury to any one or damage by fire and more persons, or property damage, or such other risks and hazards higher limits as the Landlord or the mortgagees of the Landlord may reasonably require from time to time, for any one occurrence;
(including, burglary, theft and breakage of glass within the premisesiv) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, tenant's legal liability insurance for the full replacement cost value thereof of the Leased Premises; such coverage to include the activities and operations conducted by the Tenant and any other persons on the Leased Premises; and
(including v) any other form or forms of insurance as the Tenant or the Landlord or the mortgagees of the Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself.
(b) All insurance policies written on behalf of the Tenant shall also name the Landlord as an “agreed amount” endorsement);additional insured, shall be primary, non-contributing with, and not in excess of any Insurance otherwise available to the Landlord or its mortgagees. In addition, each of the Tenant's insurance policies shall contain cross-liability and severability of interest endorsements, and 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 whether any such damage is caused by the act or omission (whether wrongful or otherwise) of the Landlord or by those for whom the Landlord is in law responsible. The Tenant hereby waives any right to recover from the Landlord for damage covered under any of the Tenant's insurance policies.
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by taken out and maintained with companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication the Province of comparable standing Ontario. In addition to the foregoing all policies shall be taken out with insurers acceptable to the Landlord. The Tenant agrees that certificates of insurance will be delivered to the Landlord as A/XII or better or soon as practicable after the then equivalent placing of such rating, and all such the required insurance. All policies shall contain a provision whereby an undertaking by the same caninsurers to notify the Landlord in writing not be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 less than thirty (30) days prior written notice of such cancellationto any material change, lapse cancellation or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interesttermination thereof.
Appears in 1 contract
Samples: Lease Agreement (It Staffing LTD)
Tenant’s Insurance. Tenant Tenant, at its expense, shall maintain at all times during the Term or a renewal thereof:
the following insurance policies: (a) fire insurance, including extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage coverage and demolition and debris removal, insuring the full replacement cost of all equipment, furniture and other personal property owned or used by Tenant and located in the Premises; (b) commercial general liability providing coverage of the latest version of ISO form CG0001 or its equivalentinsurance, covering Tenant’s indemnity obligations under this Lease, subject contractual liability insurance and property damage insurance with respect to the terms Property and conditions of the policy, against claims for bodily injury and property damagePremises, with completed operation endorsement, for limits to be set by Landlord from time to time but in any occurrence in or about the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a event not less than $2,000,000.00 combined single limit with respect for personal injury, sickness or death or for damage to each or destruction of property for any one (1) occurrence in an amount of and not less than Five Million $3,000,000.00 combined single limit for personal injury, sickness or death or for damage or destruction of property for total claims in the aggregate during any one ($5,000,000.00), per occurrence 1) policy year; and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(bc) insurance against loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) in such other amounts as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance may from time to time before the expiration thereof, reasonably require. The form of all such policies and Tenant deductibles thereunder shall deliver be subject to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policyLandlord’s prior reasonable approval. All such policies shall be issued by companies of recognized responsibility insurers reasonably acceptable to Landlord and licensed to do business in New York the State in which the Premises are located and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby waiver of any rights of subrogation thereunder. In addition, the same cannot be canceled, allowed to lapse or modified unless policies (except for the policy described in (a) above) shall name Landlord and any other parties reasonably designated by Landlord as additional insureds are given insureds, the policies shall require at least 30 days thirty (30) days’ prior written notice to Landlord and such other parties designated by Landlord of termination or modification which restricts the coverage provided by such cancellation, lapse or modificationpolicy(s) and the policies shall be primary and not contributory. Tenant shall cooperate with Landlord in connection with at least fifteen (15) days prior to the collection Commencement Date, and within fifteen (15) days prior to the expiration of any insurance moneys that may be due in the event of loss and Tenant shall execute and each such policy, deliver to Landlord such proofs of loss and other instruments which certificates evidencing the foregoing insurance or renewal thereof, as the case may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestbe.
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Tenant’s Insurance. (a) Tenant shall maintain will keep in force with companies licensed to do business in the state where the Shopping Center is located, at Tenant's expense, at all times during the Term Term, and during such other times as Tenant occupies the Premises or a renewal any part thereof:
(a1) comprehensive general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject insurance with respect to the terms Premises, the sidewalks, if any, abutting and conditions adjoining the Premises, and the business operated by Tenant and any subtenants, licensees and concessionaires of the policy, against claims for bodily injury and property damage, with completed operation endorsement, for any occurrence Tenant in or about from the Building, including any sidewalk contiguous to or abutting the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five One Million Dollars ($5,000,000.001,000,000.00) on account of bodily injuries to or death of one person, and Two Million Dollars ($2,000,000.00) on account of bodily injuries to or death of more than one person as the result of any one accident or disaster, and property damage insurance with minimum limits of One Hundred Thousand Dollars ($100,000.00). If the nature of Tenant's operation is such as to place any or all of its employees under the coverage of local worker's compensation or similar statutes, per occurrence Tenant shall also keep in force, at its own expense, worker's compensation or similar insurance affording statutory coverage and aggregatecontaining statutory limits. Such liability insurance shall, it being agreed in addition, extend to any liability of Tenant arising out of the indemnities provided in this Lease; and
(2) Fire insurance, with standard broad form extended coverage endorsement covering: (i) all of Tenant's stock in trade, trade fixtures, furniture, furnishings, and understood that such limit equipment as is not affixed to the Premises: and (ii) Tenant's interest in all of coverage may be provided the improvements and betterments installed in the Premises by or for Tenant’s commercial general liability policy ; in conjunction with an umbrella liability or excess liability policy;each case to the extent of at least eighty percent (80%) of their collective insurable value, without co-insurance.
(b) Upon request, Tenant will deposit with Landlord policies of insurance against loss required by the provisions of this Section 7.01 or damage by fire and such other risks and hazards (includingcertificates thereof, burglary, theft and breakage together with satisfactory evidence of glass within the premises) as are insurable under a Special Cause payment of Loss form the required premium or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f)premiums therefor. The limits insurance required hereby may be maintained by means of such a policy or policies of blanket insurance shall not limit so long as the liability provisions of Tenantthis Section 7.01 are fully satisfied. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the The insurance company or its authorized agent. companies providing the insurance for 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 such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies as required by this Section 7.01 shall be issued by companies subject to the reasonable approval of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.
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Tenant’s Insurance. During the Term, from and after the Delivery Date, Tenant shall maintain at all times during insurance, issued by companies licensed and admitted in the Term or a renewal thereofState in which the Shopping Center is located, as follows:
(a) commercial general liability providing coverage of insurance covering the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, against claims Premises for bodily injury injury, death and third party property damagedamage (including, with completed operation endorsementwithout limitation, for any occurrence in or about the Buildingcontractual liability, including any sidewalk contiguous to or abutting the Demised Premisespersonal injury, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operationsoperations coverages), shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million ($5,000,000.00), 2,000,000 per occurrence and not less than $3,000,000 in the aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(b) property insurance against covering Tenant's leasehold improvements, as well as all of Tenant's signs, trade fixtures, personal property and equipment located in the Premises, which insurance shall:
(i) be written on a special form (all risks) of physical loss or damage by fire and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterationsbasis, for the full replacement cost value of the covered items without deduction for physical depreciation thereof; and
(ii) provide that any proceeds thereof (including an “agreed amount” endorsement);shall be paid to Tenant; and
(c) business Interruption covering base Rent and Additional Rent for a period during the performance of at least one (1) year;any Alterations, builder's risk insurance against loss or damage from such causes of loss as are embraced by insurance policies of the type known, on the date of this Lease, as "builder's risks" property insurance, which insurance shall:
(di) worker’s compensation insurance and disability benefits insurance in statutory limits;be written on a special form (all risks) of physical loss or damage basis, for not less than the completed value, on a non-reporting form, of the Alterations then being performed; and
(eii) when Alterations are in process, the insurance specified in Section 4.02(f). The limits of such insurance provide that any proceeds thereof shall not limit the liability of be paid to Tenant. Tenant shall deliver have the right to Landlord and maintain any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates all of insurance, in form reasonably satisfactory to Landlord issued by the insurance company coverages set forth in this Section 11.2 under one or more blanket insurance policies, covering the Premises together with other premises owned and/or occupied by Tenant and/or its authorized agentaffiliates, so long as such blanket policies comply, as to coverages and amounts, with the requirements hereinbefore set forth. Tenant shall procure further have the right to maintain the liability coverage referred to above in the form of primary and pay for renewals of umbrella or excess liability coverages, in such insurance segments as Tenant shall determine from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy time. Any or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance coverages to be maintained by Tenant under pursuant to this Section 7.02 be increasedLease may provide for such deductibles as Tenant shall determine, so provided that no such policy shall have a deductible in excess of $250,000 (or such greater deductible as is customarily carried, from time to time, by large commercial tenants in the amount thereof adequately protects Landlord’s interestgeographic area in which the Shopping Center is located).
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Tenant’s Insurance. Tenant A. Tenant, at its expense, shall maintain at all times obtain and keep in full force and effect during the Term or Term: (i) a renewal thereof:
(a) policy of commercial general liability providing coverage of the latest version of ISO form CG0001 or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject to the terms and conditions of the policy, insurance on an occurrence basis against claims for personal injury, bodily injury and injury, death and/or property damage, with completed operation endorsement, for any occurrence damage occurring in or about the Building, including any sidewalk contiguous to or abutting the Demised Leased Premises, under which Tenant is named as the insured and (a) Landlord, (b) any lender whose loan is secured by a lien against the Leased Premises, (c) their respective shareholders, members, partners, affiliates and subsidiaries, successors and assigns, and (d) any directors, officers, employees, agents, or contractors of such persons or entities (collectively, the “Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be Parties”) are named as additional insuredinsureds. Such insurance shall provide primary coverage without contribution from any other insurance carried by or for the benefit of the Landlord Parties, with and Tenant shall obtain blanket broad-form contractual liability coverage to insure its indemnity obligations set forth in Section 28 of the Lease Agreement. The minimum limits of liability under such policy, including products liability and completed operations, applying exclusively to the Leased Premises shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million $5,000,000; provided, however, that Landlord shall retain the right to require Tenant to increase such coverage from time to time to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by landlords for buildings comparable to the Building. The deductible or self insured retention amount for such policy shall not exceed $10,000; ($5,000,000.00), per occurrence and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction with an umbrella liability or excess liability policy;
(bii) insurance against loss or damage by fire fire, and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a then available standard forms of “Special Cause Form Causes of Loss form Loss” or its equivalent“All Risk” property insurance policies with extended coverage, to insuring Tenant’s movable fixtures and movable partitions, telephone and other equipment, computer systems, trade fixtures, furniture, furnishings, and other items of personal property and Alterations, which are removable without material damage to the Building (“Tenant’s Property”) for the full insurable value thereof or replacement cost value thereof thereof, having a deductible amount (including or self-insured retention amount), not in excess of $25,000; (iii) during the performance of any alteration by or on behalf of Tenant, until completion thereof, Builder’s Risk insurance on an “agreed amountall risk” basis and on a completed value form including a Permission to Complete and Occupy endorsement);
, for full replacement value covering the interest of Landlord and Tenant (cand their respective contractors and subcontractors) business in all work incorporated in the Building and all materials and equipment in or about the Leased Premises; and (iv) Workers’ Compensation Insurance, as required by Laws; (v) Business Interruption covering base Rent and Additional Rent for a period of Insurance in an amount equal to at least one year’s Rent; and (1vi) year;
(d) worker’s compensation insurance and disability benefits such other insurance in statutory limits;
(e) when Alterations are such amounts as Landlord’s lender or other beneficiary under a deed of trust encumbering all or any portion of Landlord’s interest in process, the insurance specified in Section 4.02(f). The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance Leased Premises may require from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof 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 and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interesttime.
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Samples: Build to Suit Lease Agreement
Tenant’s Insurance. a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord’s lender and qualified to do business in the State. Each policy shall name Landlord, and at Landlord’s request any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall contain (i) a cross-liability endorsement, (ii) a provisions 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, and (iii) a waiver by the insurer of any right of subrogation against Landlord, its 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. A copy of each paid up policy (authenticated by the Lease: Lake Union Building LLC/Mathsoft, Inc. May 18, 1999 insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefore. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice to Landlord and Landlord’s lender. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least ten (10) days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and maintain at all times during such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant’s behalf and charge the Term or Tenant the premiums together with a renewal thereof:twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord’s mortgagee and Tenant as required by this Lease.
(a) general liability providing coverage b. Beginning in the date Tenant is given access to the Premises for any purpose and continuing until the expiration of the latest version Term. Tenant shall procure, pay for and maintain in effect policies of ISO form CG0001 casualty insurance covering (i) all Leasehold Improvements (including any alterations, additions or its equivalent, covering Tenant’s indemnity obligations under this Lease, subject improvements as may be made by Tenant pursuant to the terms provisions of Article 12 hereof), and conditions of the policy(ii) trade fixtures, against claims for bodily injury merchandise and other personal property damagefrom time to time in, with completed operation endorsement, for any occurrence in on or about the Buildingpremises, including any sidewalk contiguous to or abutting in the Demised Premises, under which Landlord and its agent and any Superior Mortgagee whose name and address have been furnished to Tenant shall be named as additional insured, with minimum limits of liability under such policy, including products liability and completed operations, shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million one hundred percent ($5,000,000.00)100%) of their actual replacement cost from time to time, per occurrence providing protection against any peril included within the classification “Fire and aggregate, it being agreed and understood that such limit of coverage may be provided by Tenant’s commercial general liability policy in conjunction Extended Coverage” together with an umbrella liability or excess liability policy;
(b) insurance against loss or damage by fire sprinkler damage, vandalism and such other risks and hazards (including, burglary, theft and breakage of glass within the premises) as are insurable under a Special Cause of Loss form or its equivalent, to Tenant’s property and Alterations, for the full replacement cost value thereof (including an “agreed amount” endorsement);
(c) business Interruption covering base Rent and Additional Rent for a period of at least one (1) year;
(d) worker’s compensation insurance and disability benefits insurance in statutory limits;
(e) when Alterations are in process, the insurance specified in Section 4.02(f)malicious mischief. The limits proceeds of such insurance shall not limit be used for the liability repair or replacement of the property so insured. Upon termination of this Lease following a casualty as set forth herein, the proceeds under (i) shall be paid to Landlord, and the proceeds under ( ii) above shall be paid to Tenant.
c. Beginning in the date Tenant is given access to the Premises for any purpose and continuing until the expiration of the Term. Tenant shall deliver procure, pay for and maintain in effect workers’ compensation insurance as required by law and comprehensive public liability and property damage insurance with respect to the construction of improvements on the Premises, the use, operation or condition of the Premises and the operation of Tenant in, on or about the Premises, providing personal injury and broad from property damage coverage for not less than One Million Dollars ($1,000.000.00) combined single limit for bodily injury, death and property damage liability. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord and any additional insureds, at least 10 days prior to the Commencement Date, which policies shall name Landlord and Landlord’s designee (Xxxxxx & Company, Inc.) as additional named insured and shall also contain a provision stating that such fully paid-for policy or policies shall not be canceled or certificates of insurancematerially altered except after thirty (30) days written notice to Landlord.
d. Not less than every three (3) years during the Term, in form reasonably satisfactory to Landlord 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 mutually agree to increases in all Tenant’s insurance policy limits for all insurance carried by Tenant as set forth in this Article. In the event Landlord and any additional insureds such renewal Tenant cannot mutually agree upon the amounts of said increases, then Tenant agrees that all insurance policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies limits as set forth in this Article shall be issued by companies adjusted for increases in the cost of recognized responsibility licensed to do business living in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/XII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall cooperate with Landlord manner as is set forth in connection with Section 5.2 hereof for the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount adjustment of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestBase Rent.
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