Tenant’s Insurance. Tenant agrees, at Tenant’s expense, to secure and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.
Appears in 2 contracts
Samples: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)
Tenant’s Insurance. Tenant agreesThroughout the Term, the Tenant, at Tenant’s expenseits cost, to secure shall take out and keep in force during maintain the term of this Lease a policy of following insurance coverage:
a) comprehensive general liability insurance covering the liability of the Tenant and Tenant’s Representatives with respect to the business carried on, in or from the Premises and the use and occupancy thereof for personal injury (bodily injuries, including death) , and property damage occurring incaused to third parties, on 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 insurer agrees to cover the liability assumed by its insured pursuant to contractual provisions;
b) all risks insurance including the perils of fire, extended coverage, leakage from sprinkler, roof, or about plumbing, and other fire protective devices, earthquake, collapse and flood with a limit at least equal to the replacement value (without depreciation), in each case, of the Building, furniture, equipment, inventory and stock in trade, fixtures and Leasehold Improvements located within the Premises and such other property located in or forming part of the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, all mechanical or electrical systems (or portions thereof) installed by the Tenant in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including the whole for the full replacement cost (without limitationdepreciation) any failure in each such instance, as well as business interruption insurance covering a period of Tenant at least twelve (12) months;
c) boiler and machinery insurance; and
d) all other insurance or coverage limit which the Landlord may reasonably require from time to observe or perform any of its obligations hereundertime. The above-mentioned insurance policies shall comply with the following provisions:
a) designate the Landlord as a named insured, and the hypothecary creditors of the Tenant and of the Landlord as additional insureds to the extent of their respective interests; all property insurance coverages shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees standard mortgagee clause;
b) be in a form which is acceptable to the Landlord and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact taken out with authorized insurers who are reputably solvent and have a place of business in the State Province of California and rated no Québec; and
c) stipulate that the insurance may not be resiliated or modified without the insurer giving the insureds a prior notice of thirty (30) days to that effect. No less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall the Commencement Date and at all times deposit and maintain a current copy or detailed certificate of said policy(iesleast ten (10) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring days before the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, renewal of any insurance organization or companypolicy, necessary for the maintenance Tenant shall provide the Landlord with a certificate of reasonable fire and public liability insuranceinsurance duly signed by an authorized representative of the insurer, which certificate shall confirm the insurance which has been subscribed.
Appears in 2 contracts
Samples: Lease Agreement (Strong Global Entertainment, Inc), Lease (Strong Global Entertainment, Inc)
Tenant’s Insurance. (a) Tenant agreesshall provide and maintain a Broad Form Commercial Liability Policy of insurance with respect to the Leased Premises with coverage limits of at least One Million and No/100 Dollars ($1,000,000) per occurrence, at Tenantcombined single limit, naming Landlord, Landlord’s expensemanaging agent, to secure and keep in force during the term any designee of this Lease a Landlord as additional insureds. Such policy shall protect Landlord, its managing agent, and any designee of comprehensive general Landlord against any liability insurance for personal injury (including death) and property damage occurring in, which arises from any occurrence on or about the PremisesLeased Premises or which results in any claims, suits, proceedings, actions, causes of action, responsibility, liability, demands, judgments and executions, including without limitation Initials /s/ IH Initials /s/ JMJ parkingreasonable attorneys’ fees and costs (collectively, walkways arid landscaped areas“Claims”).
(b) Tenant shall carry fire and all-risk coverage, vandalism and malicious mischief insurance covering all the improvements (whether existing or installed by Tenant or Landlord), stock in trade, fixtures, furniture, furnishings, removable floor coverings, trade equipment, signs and all other decorations in the minimum amount Leased Premises for one hundred percent (100%) of $2,000,000 combined single limittheir full replacement cost. Such In the event of casualty loss hereunder, the proceeds of such insurance shall be primary applied solely to the replacement, restoration and noncontributory refurbishment of such damaged items.
(c) If Tenant uses steam boilers for heating and/or installs or maintains air conditioning equipment in excess of 30 HP, Tenant shall provide Boiler and Machinery Insurance with respect to any insurance carried by Landlorda Five Hundred Thousand Dollars ($500,000.00) per accident limit including broad form coverage endorsement and repair or replacement endorsement. Such policy(ies) The policy shall name Landlord as an additional insured(s)insured.
(d) Tenant shall also carry adequate worker’s compensation insurance in no less than statutorily required amounts, shall insure any liability covering its employees in the Leased Premises containing a waiver of subrogation in favor of Landlord, contingent or otherwiseand Tenant hereby indemnifies, with respect agrees to acts or omissions hold harmless, and at Landlord’s option defend, Landlord from and against all claims arising out of Tenant, its agents, employees or invitees any loss suffered by any conduct employee of Tenant at the Building and/or the Property which would have been or transactions is covered by an appropriate worker’s compensation insurance policy.
(e) On or before Tenant enters the Leased Premises for any reason, and again before any insurance policy expires, Tenant shall deliver to Landlord an original certificate of insurance.
(f) All insurance policies required to be carried under this Lease by or on behalf of Tenant shall provide (and any certificate evidencing the existence of any of said persons ininsurance policies, about or concerning shall certify) that unless Landlord is given ten (10) days’ written notice: (i) the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amendedcanceled, except upon ten (10ii) days prior written notice to Landlord. Tenant the insurer shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of renew the insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixturespolicies, and leasehold improvements within (iii) no material change may be made in the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. insurance policies.
(g) If Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient fails to comply with all laws. any of the Insurance Requirements stated in this Lease, Landlord may obtain such insurance and keep the same in effect and Tenant shallshall pay to Landlord the premium cost thereof upon demand.
(h) All policies of insurance required to be carried by Tenant under this Lease shall (i) be written by good and solvent insurance companies satisfactory to Landlord, at its sole cost (ii) contain a Cross Liability endorsement, and expense(3) contain a provision stating “the insurance provided Landlord hereunder shall be primary and non-contributing with any other insurance available to, or carried by, Landlord.”
(i) Vendors to Tenant providing services on the Property shall be required by Tenant to comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancethis Article 7.04.
Appears in 2 contracts
Samples: Office Lease (Interface Security Systems, L.L.C.), Office Lease (Interface Security Systems Holdings Inc)
Tenant’s Insurance. Tenant agrees, at Tenant’s expense, to secure and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit during the Term maintain in full force and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall effect, at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply the following insurance covering the Premises.
(a) Commercial general liability insurance for any occurrence resulting in bodily or personal injury to or the death of any person or more than one person, or for damage to property, and consequential damages arising therefrom, in the amount of at least Three Million and 00/100 Dollars ($3,000,000.00) combined single limit per occurrence/aggregate (and which specifically provides for an extension of coverage for liquor or “dram shop” liability, if Tenant sells or serves alcoholic beverages in the Premises). Said insurance shall be written on an “occurrence” basis and not on a “claims made” basis. Landlord shall have the right, exercisable by giving written notice thereof to Tenant, to require Tenant to increase such limit if, in Landlord’s reasonable judgment, the amount thereof is insufficient to protect Landlord from judgments which might result from such claims, demands or actions. Tenant shall use its good faith efforts to cause its liability insurer to insure Landlord, Landlord’s agents, employees, partners, officers, and directors and any mortgagee (“Landlord’s Protected Parties”) as “additional insureds.” Tenant shall cause its liability insurance to include contractual liability coverage fully covering the indemnity provisions set forth herein. Notwithstanding the above, such liability insurance may be in the amount of One Million and 00/100 Dollars ($1,000,000.00) combined single limit per occurrence, and Two Million and 00/100 Dollars ($2,000,000.00) annual aggregate, for any policy year that Tenant carries umbrella insurance coverage of at least $3,000,000, as evidenced to Landlord, provided (i) such umbrella policy contains a “per location aggregate” endorsement, and (ii) the requirements set forth in this Section are otherwise satisfied.
(b) Workers’ Compensation Insurance with Employers’ Liability limits of $100,000.00 Each Accident, $100,000.00 Disease-Each Employee, and $500,000.00 Disease-Policy Limit, or such higher limits as may be required by applicable Governmental Regulations.
(c) Insurance covering work done by Tenant, if any, and any alterations or modifications to the Premises performed by Tenant after the Commencement Date, and all requirementstrade fixtures, pertaining to said signs, plate glass, floor covering, decorative items, furniture, furnishings, machinery, equipment and merchandise in the Premises, to the extent of one hundred percent (100%) of the replacement cost thereof, under a policy covering “all risks” of direct physical loss as insured against under Special Form (“all risk” coverage) with endorsement for business interruption with extended indemnity for twelve (12) months, and coverage for sprinkler leakage liability.
(d) Insurance covering the Premises, excluding work done by Tenant, if any, and any alterations or modifications to the Premises performed by Tenant after the Commencement Date, and further excluding foundations, to the extent of not less than one hundred percent (100%) of the replacement cost of such building and improvements located thereon, with an agreed amount endorsement, against all casualties provided by the Standard Fire and Extended Coverage Policy and covering all other risks of direct physical loss as insured against under Special Form (“all risks” coverage) with endorsement for rental income insurance for twelve (12) months, with an extended period of indemnity as deemed commercially reasonable by Landlord. Landlord shall be named as the insured and all proceeds of insurance shall be payable to Landlord.
(e) All of the aforesaid insurance shall be in responsible companies reasonably acceptable to Landlord. The insurer and the form, substance and amount (where not stated above) shall be satisfactory from time to time to Landlord and any mortgagee of Landlord, shall specifically show that the required liquor liability coverage is included, if applicable, and shall unconditionally provide that it is not subject to cancellation or non-renewal, except after at least thirty (30) days’ prior written notice to Landlord and any mortgagee of Landlord. Originals of Tenant’s insurance policies (or certificates thereof satisfactory to Landlord, together with satisfactory evidence of payment of the premiums thereon), shall be deposited with Landlord prior to Tenant’s possession of the Premises and renewals thereof not less than thirty (30) days prior to the end of the terms of such coverage. All insurance, property damage or other casualty policies shall be written as primary policies, not contributory with or secondary to coverage that Landlord may carry.
(f) 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.
(g) Notwithstanding anything to the contrary contained in this Lease, Landlord and Tenant hereby waive any rights each may have against the other on account of any insurance organization loss or companydamage occasioned to Landlord or Tenant, necessary for as the maintenance case may be, their respective property, the Premises, its contents or to the other portions of reasonable the Premises, arising from any risk covered by “Special Form” fire and public extended coverage insurance of the type and amount required to be carried hereunder. Landlord and Tenant hereby grant to each other on behalf of any insurer providing the insurance to either of them described herein, a waiver of any right of subrogation which any such insurer may acquire against the other or against the officers, directors, employees, agents, partners and representatives of the other by virtue of payment of any loss under such insurance. Any insurance policy carried by Tenant pursuant to the terms hereof shall contain an endorsement waiving the insurer’s right of subrogation against Landlord. Notwithstanding any provisions in this Lease to the contrary, Landlord shall never be liable to Tenant or any Tenant party to the extent such liability insuranceis covered or would be covered by a policy of insurance actually maintained, or required by the terms of this Lease to be maintained, by Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Ballantyne Strong, Inc.), Lease Agreement (Ballantyne Strong, Inc.)
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
10.1.1 Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force during and effect the term following (or have the following procured, paid for and kept in full force and effect by Avago for the benefit of this Lease a policy of comprehensive Tenant):
(a) Broad-form, general commercial liability insurance (or the equivalent insurance as written for coverage in Singapore), including property damage, against liability for personal injury injury, bodily injury, death and damage to property occurring in or about, or resulting from an occurrence in or about, the Premises with combined single limit coverage of not less than the amount of Tenant’s Minimum Liability Insurance Coverage, which insurance shall contain, “fire legal” endorsement coverage and a “contractual liability” endorsement (including deathif available for subleased premises occupied for the Permitted Use in the area in which the Premises is located) insuring Tenant’s performance of Tenant’s obligation to indemnify Landlord contained in Section 11.4, and with Landlord and such other parties as Landlord shall designate named as an additional insured parties;
(b) Fire and property damage occurring ininsurance against loss caused by fire, on extended coverage perils including steam boiler insurance, sprinkler leakage, if applicable, vandalism, malicious mischief and such other additional perils as now are or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, hereafter may be included in the minimum amount of $2,000,000 combined single limit. Such a standard extended coverage endorsement from time to time in general use in Singapore; and
(c) Worker’s compensation coverage sufficient to comply with all Laws; Employers liability insurance shall be primary provided in amounts not less than S$1,000,000.00 per accident for bodily injury by accident, S$1,000,000.00 policy limit by disease, and noncontributory with respect S$1,000,000.00 per employee for bodily injury by disease.
10.1.2 The broad-form general commercial liability insurance (or the equivalent insurance as written for coverage in Singapore) that Tenant is required to any insurance carried by Landlord. Such policy(iescarry under Section 10.1.1(a) shall name Landlord and such other parties in interest as an Landlord designates as additional insured(s)insureds. Additionally, all policies of insurance required to be carried by Tenant pursuant to this Section 10.1 shall insure (i) be primary insurance that provides that the insurer shall be liable for the full amount of the loss up to and including the total amount of liability stated in the declarations without the right of contribution from any liability other insurance coverage of Landlord, contingent or otherwise, with respect (ii) be in a form reasonably satisfactory to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents(iii) be carried with insurance companies acceptable to Landlord, employees and invitees. Such policy(ies(iv) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance policy shall not be canceled subject to cancellation, reduction of coverage or materially amended, lapse except upon ten after at least thirty (1030) days prior written notice to Landlord. Tenant shall at all times deposit , (v) not have a “deductible” in excess of in Singapore dollars the equivalent of US$100,000 per occurrence, (vi) where permissible under Singapore law and maintain if available and customary under Singaporean practice, contain a current copy or detailed cross liability endorsement, and (vii) contain a “severability” clause.
10.1.3 A certificate of said policy(ies) with Landlord. insurance reflecting that the insurance required to be carried by Tenant pursuant to this Section 10.1 is in force, accompanied by an endorsement showing the required additional insureds satisfactory to Landlord in substance and form, shall at be delivered to Landlord prior to the time Tenant or any of Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within Agents enters the Premises for the full replacement value thereof. The proceeds from any and upon renewal of such policies shall be used for policies, but not less than thirty (30) days prior to the repair or replacement expiration of the term of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancecoverage.
Appears in 2 contracts
Samples: Sublease Agreement (Avago Technologies LTD), Sublease Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Tenant’s Insurance. Tenant agreesTenant, at Tenant’s 's sole cost and expense, agrees to secure and keep in full force and effect at all times during the term Term of this Lease a policy of comprehensive Lease:
(i) Commercial general liability insurance which insures against claims for bodily injury, personal injury (including death) injury, advertising injury, and property damage occurring inbased upon, involving, or arising out of the use, occupancy, or maintenance of the Premises and the Building. Such insurance shall afford, at a minimum, the following limits: Each Occurrence $ 1,000,000 General Aggregate 2,000,000 Products/Completed Operations Aggregate 1,000,000 Personal and Advertising Injury Liability 1,000,000 Fire Damage Legal Liability 100,000 Medical Payments 5,000 Any general aggregate limit shall apply on a per location basis. Tenant's commercial general liability insurance shall name Landlord and any Landlord Parties designated by Landlord as additional insureds. This coverage shall be written on the most current ISO CGL form, shall include blanket contractual, premises-operations and products-completed operations and shall contain an exception to any pollution exclusion which insures damage or about the Premisesinjury arising out of heat, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limitsmoke or fumes from a hostile fire. Such insurance shall be primary written on an occurrence basis and noncontributory contain a standard separation of insureds provision.
(ii) Business automobile liability insurance covering owned, hired and non-owned vehicles with limits of $1,000,000 combined single limit per occurrence.
(iii) Workers' compensation insurance in accordance with the laws of the state in which the Premises are located with employer's liability insurance in an amount not less than $1,000,000.
(iv) Umbrella/excess liability insurance, on an occurrence basis, that applies excess of the required commercial general liability, business automobile liability, and employer's liability policies with the following minimum limits: Each Occurrence $5,000,000 Annual Aggregate $5,000,000 These limits shall be in addition to and not including those stated for the underlying commercial general liability, business automobile liability, and employers liability insurance required herein. Such excess liability policies shall name Landlord and any Landlord Parties designated by Landlord as additional insureds.
(v) All risk property insurance including theft, sprinkler leakage and boiler and machinery coverage on all of Tenant's trade fixtures, furniture, inventory and other personal property owned by Tenant and located in or about the Premises or the Building, and on any Alterations, all for the full replacement cost thereof. Tenant shall use the proceeds from such insurance for the replacement of trade fixtures, furniture, inventory and other personal property and for the restoration of any Alterations. Landlord shall be named as loss payee with respect to any Alterations.
(vi) Business income and extra expense insurance carried by Landlord. Such policy(ieswith limits not less than one hundred percent (100%) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance all charges payable by Tenant under this Lease for a period of the indemnity provisions of Section 14. hereof. Such policy(iestwelve (12) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancemonths.
Appears in 2 contracts
Samples: Office Lease (KBS Real Estate Investment Trust III, Inc.), Deed of Lease (Vse Corp)
Tenant’s Insurance. Tenant agreesshall obtain, and shall keep in full force and effect, the following insurance, with insurers that are authorized to do business in the Commonwealth of Massachusetts and are rated at least A (Class X) in Best’s Key Rating Guide:
(i) Commercial General Liability Insurance, which shall include premises liability, contractual liability covering Tenant’s expense, to secure and keep in force during the term of indemnity obligations under this Lease (to the extent covered as an Insured Contract in a policy of comprehensive general liability insurance standard ISO GCL Policy), fire legal liability, personal & advertising injury and products/completed operations coverage. Policy shall insure against claims for bodily injury, personal injury (including death) and injury, death or property damage occurring inon, on in or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, Premises with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 in the minimum amount of $2,000,000 combined single limitaggregate. Such insurance shall be primary and noncontributory with respect to any insurance carried If the policy covers other locations owned or leased by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agentsthen such policy must include an aggregate limit per location endorsement.
(ii) Special Form (“All Risk”) Property, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at insuring all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventoryequipment, trade fixtures, inventory, fixtures and leasehold improvements within personal property (“Tenant’s Property”) and any Alterations or other Leasehold Improvements which are the responsibility of Tenant, located on or in the Premises for with an agreed amount endorsement and equal to the full replacement cost value thereof. The proceeds of such property.
(iii) Workers’ Compensation Insurance as required by applicable laws of the State in which the Premises is located, including Employers’ Liability Insurance with limits of not less than: (x) $100,000 per accident; (y) $500,000 disease, policy limit; and (z) $100,000 disease, each employee.
(iv) Business Interruption Insurance with limits of not less than the amount necessary to cover continuing expenses including rents and extra expenses for at least one (1) year; provided that Tenant may elect not to carry business interruption insurance, but in any event Tenant releases Landlord from any and all liability arising during the Lease Term which would have been covered by business interruption insurance had Tenant carried such insurance.
(v) Excess or Umbrella Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and in the aggregate providing coverage excess and follow-form of the primary general and employer’s liability insurances required hereinto.
(vi) Such other insurance as Landlord reasonably deems necessary and prudent, provided that such policies shall other insurance is then customarily required to be used for carried by tenants of buildings similar to the repair Building in the Boston/Metro West market area, or replacement as may be required in writing by any Mortgagee (defined below), but only to the extent such Mortgagee has the contractual right to require same under its mortgage or related loan documents.
(vii) In addition to the above aforementioned insurances, and during any such time as any alterations or work is being performed at the Premises (except that work being performed by the Landlord or on behalf of such items so insured. Tenant shall also maintain policy(iesLandlord) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shallTenant, at its sole cost and expense, comply with any shall carry, or shall cause to be carried and all requirements, pertaining shall deliver to said Premises, Landlord at least ten (10) days prior to commencement of any such alteration or work, evidence of insurance organization with respects to (a) workers compensation insurance covering all persons employed in connection with the proposed alteration or companywork in statutory limits, necessary for the maintenance of reasonable fire and public (b) general/excess liability insurance, in an amount commensurate with the work to be performed but not less than Two Million Dollars ($2,000,000) 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, to the extent such alterations or work may require, on a completed value form including permission to occupy, covering all physical loss or damages, in an amount and kind reasonable satisfactory to Landlord, and (d) 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 contactors or subcontractors, provided that such other insurance is then customarily required to be carried by tenants of buildings similar to the Building in the Boston/Metro West market area.
Appears in 2 contracts
Samples: Office Lease Agreement (Oxford Immunotec Global PLC), Office Lease Agreement (Oxford Immunotec Global PLC)
Tenant’s Insurance. Tenant agreesshall purchase, at Tenant’s its own expense, to secure and keep in force at all times during the term Lease Term the policies of this Lease a policy of comprehensive general liability insurance for personal injury set forth below (including deathcollectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company with a Best’s rating of A or better and otherwise reasonably acceptable to Landlord and shall be licensed to transact do business in the State of California state in which the Leased Premises is located; (b) provide for deductible amounts that are reasonably acceptable to Landlord (and rated no less than A12 by Best’sits lender, if applicable); and (c) otherwise be in such form, and include such coverages, as Landlord may reasonably require. The Tenant’s Policies described in (i) and (ii) below shall (1) provide coverage on an occurrence basis; (2) name Landlord (and its lender, if applicable) as additional insured; (3) provide coverage, to the extent insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision; (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage with no exclusion for a pollution incident arising from a hostile fire. All Tenant’s Policies (or, at Landlord’s option, Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement) shall be delivered to Landlord prior to the Commencement Date and renewals thereof shall be delivered to Landlord’s notice addresses at least 30 days prior to the applicable expiration date of each Tenant’s Policy. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall not be canceled or materially amendedpayable by Tenant to Landlord upon demand, except upon ten (10) days prior written notice to Landlordas Additional Rent. Tenant shall at all times deposit give prompt notice to Landlord and maintain a current copy Agent of any bodily injury, death, personal injury, advertising injury or detailed certificate of said policy(ies) with Landlordproperty damage occurring in and about the Property. Tenant shall at purchase and maintain, throughout the Term, a Tenant’s cost maintain policy(iesPolicy(ies) of: (i) commercial general or excess liability insurance, including personal injury and property damage, in the amount of not less than $2,000,000.00 per; (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons and property damage based upon or arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and all areas appurtenant thereto in “all risk” form with a sprinkler damage endorsement insuring the replacement value amount of all Landlord’s and not less than $1,000,000, combined single limit; (iii) commercial property insurance covering Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the Property (at its full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(iescost); (iv) of workmen’s workers’ compensation insurance per the applicable state statutes covering all employees of Tenant; (v) business interruption insurance with limits not less than an amount equal to one (1) year’s rent due hereunder; and any other employee benefits sufficient to comply with all laws. if Tenant shallhandles, at stores or utilizes Hazardous Substances in its sole cost and expensebusiness operations, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public (vi) pollution legal liability insurance.
Appears in 2 contracts
Samples: Lease Agreement (GreenSky, Inc.), Lease Agreement (GreenSky, Inc.)
Tenant’s Insurance. At all times during the term of this Lease, Tenant agreeswill carry and maintain, at Tenant’s expense, the following insurance, in the amounts specified below or such other amounts as Landlord may from time to secure time reasonably request, with insurance companies and keep in force during the term of this Lease a policy of comprehensive on forms satisfactory to Landlord:
(a) Comprehensive general liability insurance with limits of liability of not less than $2,000,000 for bodily injury, personal injury (including death) or death to one or more persons and damage to property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent water or otherwise. All such insurance will specifically include, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain contractual liability coverage for the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions agreements set forth in Article 21.00 of Section 14. hereof. Such policy(iesthis Lease.
(b) shall be issued by an All Risk or Special Form property insurance company licensed to transact business in the State covering all of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventoryequipment, trade fixtures, appliances, furniture, furnishings and leasehold improvements within personal property, from time to time in, on, or upon the Premises for Demised Premises, in an amount not less than the full replacement value thereofcost without deduction for depreciation from time to time during the term of this Lease, providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended peril. The All policy proceeds from any of such policies shall will be used for the repair or replacement of such items so insured. the property damaged or destroyed; however, if this Lease ceases under the provisions of Article 18.00, Tenant shall also maintain policy(ieswill be entitled to any proceeds resulting from damage to Tenant’s equipment, trade fixtures, appliances, furniture and personal property, and Landlord will be entitled to all other proceeds.
(c) of Workmen’s compensation insurance insuring against and satisfying Tenant’s obligations and liabilities under the workmen’s compensation laws of the state in which the Demised Premises are located.
(d) Business interruption insurance and payable for a period of twelve (12) months commencing with the date of any loss.
(e) If there is a boiler or air conditioning equipment installed by Tenant in, on, adjoining, above or beneath the Demised Premises, broad form pressure vessel insurance in the amount of $100,000.00.
(f) Such other employee benefits sufficient to comply with all laws. Tenant shallinsurance as Landlord may, at in its sole cost and expensediscretion, comply with any and all requirementsdeem reasonable, pertaining to said Premises, of any insurance organization appropriate or company, necessary for the maintenance of reasonable fire and public liability insuranceprudent.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)
Tenant’s Insurance. Tenant agrees, at Tenant’s expense, to secure and keep in force shall carry insurance during the term of this Lease a policy of comprehensive entire Term hereof insuring Tenant, and insuring Landlord, Landlord’s constituent members and agents, all Mortgagees and Ground Lessors and their respective agents, partners and employees, with terms, coverages and in companies satisfactory to Landlord, and with such changes in insured parties and increase in limits as Landlord may from time to time request, but initially Tenant shall maintain the following coverages in the following amounts:
(i) Commercial general liability insurance with the broad form commercial liability endorsement, including contractual liability insurance covering Tenant’s indemnity obligations hereunder, insuring against claims for death, bodily injury, personal injury (including death) and property damage occurring inupon, on in or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, Premises in the minimum an amount not less than $5,000,000.00 per occurrence and having a general aggregate amount on a per location basis of not less than $2,000,000 combined single limit5,000,000.00. Such insurance Landlord shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord named as an additional insured(s)insured on such policy.
(ii) “All risk” physical damage insurance including fire, shall insure any liability sprinkler leakage, vandalism and extended coverage for the full replacement cost of all Landlord’s Work, contingent or otherwiseLandlord’s Additional Work, with respect Tenant’s Alterations, and all other additions, improvements and alterations to acts or omissions the Premises (providing that Landlord is an additional named insured as its interest may appear) and of all office furniture, trade fixtures, office equipment, merchandise and all other items of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning ’s property on the Premises.
(iii) Workers’ Compensation and Employers’ Liability insurance in an amount of not less than $1,000,000.00, including (without limitation) any failure both in accordance with the laws of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California Illinois.
(iv) Such other insurance or coverage as Landlord reasonably requests. Tenant shall, prior to the commencement of the Term and rated no from time to time during the Term (and, in any event, not less than A12 ten days prior to the expiration of any such policy), furnish to Landlord certificates of insurance (with proof of payment) and, if requested by Best’sLandlord, and copies of all policies, evidencing the foregoing insurance coverage. Tenant’s policies shall provide state that such insurance shall coverage may not be canceled or materially amended, except upon ten cancelled or not renewed without at least thirty (1030) days days’ prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s Landlord and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within shall further provide that the Premises for policy shall not be invalidated should the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient insured party have waived in writing prior to comply with all laws. Tenant shalla loss, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, rights of the insured party against any insurance organization or company, necessary other party for the maintenance of reasonable fire and public liability insurancelosses covered by such policy.
Appears in 2 contracts
Samples: Office Lease (Archipelago Holdings L L C), Office Lease (Archipelago Holdings L L C)
Tenant’s Insurance. At its expense, the Tenant agreesshall take out and thereafter maintain in force at all times during the Term insurance policies as follows:
(a) all risks insurance on all property of every description, at nature and kind owned by the Tenant or for which the Tenant is legally liable, or installed in the Leased Premises by or on behalf of the Tenant or which is located or situate within the Leased Premises including, without limitation, all leasehold improvements and Tenant’s expensefixtures in an amount not less than the full replacement cost thereof without deduction for depreciation. Such insurance shall be subject to replacement cost endorsement and shall include a stated amount co-insurance clause;
(b) comprehensive broad form boiler, machinery and equipment insurance for the full replacement cost value of all boilers, pressure vessels, air-conditioning and other equipment located on the Leased Premises;
(c) business interruption insurance in such amounts as will reimburse the Tenant for direct or indirect loss of earnings attributed to secure and keep in force during all perils commonly insured against by prudent tenants or attributable to prevention of access to the term Leased Premises or to the Building as a result of this Lease a policy of such perils;
(d) comprehensive general liability insurance for personal bodily injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, liability insurance and tenant’s legal liability insurance in the minimum amount of Ten Million Dollars ($2,000,000 combined single limit10,000,000.00) and in a form satisfactory to the Landlord, acting reasonably, and including owners and contractors protective, products and completed operations, personal injury, intentional acts, employer’s liability, occurrence property damage (broad form), blanket contractual and non-owned automobile liability extensions. Such insurance shall include a cross liability and severability of interest clause; and
(e) any other form or forms of insurance as the Tenant or the Landlord or the mortgagees of the Landlord reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself, provided such form of insurance and amounts of coverage are generally available on terms which the Tenant, acting reasonably, considers to be primary and noncontributory with respect reasonable commercial terms, but subject to any insurance carried by Landlord. Such policy(ies) shall name Landlord such higher limits as an additional insured(s)the Tenant, shall insure any liability of the Landlord, contingent acting reasonably, or otherwise, with respect any mortgagee of the Landlord’s interest in the Leased Premises may require from time to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant time and against such additional risks as a prudent tenant would insure. The insurance policies referred to observe or perform any of its obligations hereunder, and in this Section 9.2 shall contain a waiver of the insurer’s waiver right of subrogation as against the Landlord, its the Landlord’s directors, officers, employees, servants, agents, employees contractors, successors and inviteesassigns and any Person for whom the Landlord may in law or by agreement be responsible or for whom the Landlord may have agreed to obtain such a waiver. Such policy(ies) Any and all deductibles shall insure performance by Tenant be at the expense of the indemnity provisions Tenant. The Tenant shall provide to the Landlord at the commencement of the Term, 30 days prior to the renewal of all insurance referred to in this Section 149.2 and promptly at any time upon request, a certificate of insurance evidencing the insurance coverages maintained by the Tenant in accordance with this Section 9.2, such certificates to be in a form acceptable to the Landlord, acting reasonably. hereofThe delivery to the Landlord of a certificate of insurance or a certified copy of an insurance policy or any review thereof by or on behalf of the Landlord shall not limit the obligation of the Tenant to provide and maintain insurance pursuant to this Section 9.2 or derogate from the Landlord’s rights if the Tenant shall fail to fully insure. Such policy(ies) All policies of insurance placed under this Section 9.2 shall be issued by an insurance placed with a company licensed or companies reasonably satisfactory to transact business in the State of California and rated no less than A12 by Best’s, and Landlord. All policies shall provide that such the insurance shall not be canceled cancelled or materially amended, except upon ten (10) days changed to the prejudice of the Landlord without at least 30 days’ prior written notice given by the insurer to the Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.
Appears in 2 contracts
Samples: Lease Agreement (Photowatt Technologies Inc.), Lease Agreement (Photowatt Technologies Inc.)
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
(a) Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(i) Commercial general liability insurance insuring Tenant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant’s use or occupancy of the Leased Premises, the Building, the Outside Areas or the Property (including deathwithout limitation the use of petroleum storage tanks), or resulting from Tenant’s activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant’s Required Liability Coverage (as set forth in Article 1), which insurance shall contain “contractual liability” and “broad form property damage” coverages insuring Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in this Lease.
(ii) Fire and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all riskspecial form” form with a sprinkler coverage insuring Tenant against loss from physical damage endorsement insuring the replacement value of all Landlord’s and to Tenant’s personal property, inventory, trade fixtures, fixtures and leasehold improvements within the Leased Premises with coverage for the full actual replacement value cost thereof. The proceeds from any ;
(iii) Business income/extra expense insurance sufficient to pay Base Monthly Rent and Additional Rent for a period of such policies shall be used not less than twelve (12) months;
(iv) Plate glass insurance, at actual replacement cost;
(v) Boiler and machinery insurance (including equipment breakdown and rental loss coverage for covered perils), to limits sufficient to restore the repair Building;
(vi) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of the distribution, sale, use or replacement consumption of such items so insured. Tenant shall also maintain policy(iesfood and/or beverages (including alcoholic beverages, if applicable) of workmenat the Leased Premises for not less than Tenant’s Required Liability Coverage (as set forth in Article 1);
(vii) Workers’ compensation insurance and any other employee benefits (statutory coverage) with employer’s liability in amounts not less than $1,000,000 insurance sufficient to comply with all laws. , provided that these required coverage limits may, at Tenant’s election, be met through a combination of primary and excess policies; and
(viii) With respect to making of any alterations or modifications or the construction of improvements or the like undertaken by Tenant, course of construction, commercial general liability, automobile liability and workers’ compensation (to be carried by Tenant’s contractor), in an amount and with coverage reasonably satisfactory to Landlord.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, at its sole cost except with respect to insurance required by subparagraphs (a)(ii) and expense(a)(viii) above, comply with any and all requirementsname Landlord, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.and
Appears in 2 contracts
Samples: Lease Agreement (Switch & Data, Inc.), Lease (Switch & Data, Inc.)
Tenant’s Insurance. Tenant agrees, at Tenant’s expense, to secure and shall keep in force at its own expense, so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. Such policies shall be maintained in companies and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days' written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the term Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a policy of non-deductible (i) comprehensive general liability insurance for personal injury (including death) and policy, including, but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage occurring inendorsement and contractor's protective liability coverage, on or about the Premisesto afford protection with limits per person and for each occurrence, including without limitation Initials /s/ IH Initials /s/ JMJ parkingof not less than Two Hundred Thousand Dollars ($200,000.00), walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen's compensation insurance or omissions similar insurance in form and amounts as required by law. In the event of Tenantdamage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Xxxxxx agrees that it shall pay Landlord all of its agents, employees insurance proceeds relating to improvements made in the Premises by or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure on behalf of Tenant whether pursuant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions terms of Section 1435, Section 10, or otherwise. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. If Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient fails to comply with all laws. Tenant shallits covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole cost judgment deems necessary to be issued, and expensein such event Tenant agrees to pay promptly upon Xxxxxxxx's demand, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary as additional rent the premiums for the maintenance of reasonable fire and public liability such insurance.
Appears in 2 contracts
Tenant’s Insurance. Tenant agreesshall maintain the following coverages in the following amounts:
(a) Commercial General Liability Insurance payable on an “occurrence” rather than a “claims made” basis covering the insured against claims of bodily injury, at personal injury and property damage (including loss of use thereof) arising out of Tenant’s expenseoperations, to secure and keep in force during contractual liabilities containing coverage at least as broad as that provided under the term then most current Insurance Services Office (ISO) commercial general liability insurance form which provides the broadest coverage, including a Broad Form endorsement covering the insuring provisions of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions agreements set forth in Section 10.1 of Section 14. hereof. Such policy(iesthis Lease (to the extent of such current ISO standard contractual liabilities coverage), for limits of liability not less than: Bodily Injury and $5,000,000 each occurrence Personal Injury $5,000,000 each occurrence Property Damage $5,000,000 annual aggregate Liability $5,000,000 annual aggregate Liability 0% Insured’s participation
(b) shall be issued by an insurance company licensed to transact Physical Damage Insurance covering (i) all office furniture, business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s property on the Premises installed by, for, or at the expense of Tenant, (ii) the leasehold improvements within in and to the Premises (including, without limitation, all Alterations), and any other improvements which exist in the Premises as of the Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all other improvements, alterations and additions to the Premises. Such insurance shall be written on an “all risks” of physical loss or damage basis, for the full replacement cost value thereof. The proceeds (subject to reasonable deductible amounts) new without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for damage or other loss caused by fire or other peril including, but not limited to, vandalism and malicious mischief, terrorism, earthquake sprinkler leakage, theft, water damage of any type, including sprinkler leakage, bursting or stoppage of pipes, and explosion, and providing business interruption coverage sufficient to pay Base Rent and Tenant’s Share of Direct Expenses for a period of one year, and having a deductible amount, if any, not in excess of $25,000.
(c) Employer’s Liability or other similar insurance pursuant to all applicable state and local statutes and regulations with limits of no less than $1,000,000.00.
(d) Worker’s Compensation as required by the Laws of the State where the Building is located with the following minimum limits of liability: Coverage A - statutory benefits; Coverage B - $1,000,000 per accident and disease.
(e) Comprehensive Automobile Liability insuring bodily injury and property damage arising from any all owned, non-owned and hired vehicles, if any, with minimum limits of such policies shall be used for the repair or replacement liability of such items so insured. $1,000,000 per accident.
(f) Tenant shall also carry and maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shallduring the entire Lease Term, at its Tenant’s sole cost and expense, comply with any increased amounts of the insurance required to be carried by Tenant pursuant to this Article 10 and all requirementssuch other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceas may be reasonably requested by Landlord.
Appears in 2 contracts
Samples: Office Lease (Xenith Bankshares, Inc.), Office Lease (Xenith Bankshares, Inc.)
Tenant’s Insurance. Tenant agreesAt all times during the term, TENANT will carry and maintain, at TenantTENANT’s sole expense, the following insurance, in the amounts specified below or such other amounts as LANDLORD may from time to secure time reasonably request, with insurance companies and keep in force during the term of this Lease a on forms satisfactory to LANDLORD:
(a) A Commercial General Liability policy of comprehensive general liability insurance protecting TENANT, LANDLORD and any lender(s) whose names have been provided to TENANT in writing (as additional insureds) against claims for bodily injury, personal injury (including death) and property damage occurring inbased upon, on involving or about arising out of the Premisesownership, including without limitation Initials /s/ IH Initials /s/ JMJ parkinguse, walkways arid landscaped areas, in occupancy or maintenance of the minimum amount of $2,000,000 combined single limitLeased Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than Two Million ($2,000,000) Dollars per occurrence with an “Additional Insured-Managers or LANDLORD’s of Leased Premises” endorsement and contain the ‘Amendment of the Pollution Exclusion” endorsement for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this LEASE as an “Insured contract” for the performance of TENANT’s indemnity obligations under this LEASE. The limits of said insurance required by this Lease or as carried by TENANT shall not, however, limit the liability of TENANT nor relieve TENANT of any obligation hereunder. All insurance to be carried by TENANT shall be primary to and noncontributory not contributory with respect to any similar insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s)LANDLORD, shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) whose insurance shall be issued considered excess insurance only
(b) Either by an separate policy or, at LANDLORD’s option, by endorsement to a policy already carried, maintain insurance company licensed to transact business in the State coverage on all of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and TenantTENANT’s personal property, machinery, equipment, stock, inventory, trade fixturesfixtures and any alterations and utility installations constructed pursuant to this LEASE and/or owned by TENANT in, on, or about the Leased Premises similar in coverage to that carried by LANDLORD under Section 5.1. Such insurance shall be full replacement cost coverage, on a broad form basis insuring against “all risks of direct physical loss,” with a deductible not to exceed $5,000 per occurrence, and leasehold improvements within the Premises shall include coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the full enforcement of any ordinance or law regulating the reconstruction or replacement value thereofof any undamaged sections of the project required to be demolished or removed by reason of the enforcement of any building, zoning, safety, or other Applicable Requirements as the result of a covered loss. The proceeds from any of such policies insurance shall be used by TENANT for the repair replacement of personal property, machinery, equipment, stock, inventory and the restoration of trade fixtures and any alterations and utility installations required to be covered by such insurance.
(c) A policy or policies in the name of LANDLORD, with loss payable to LANDLORD and any lender(s), insuring the loss of the full rental and other charges payable by TENANT under the LEASE for one year (including any scheduled rental increases). Said insurance may provide that in the event the Lease is terminated by reason of an insured toss, the period of indemnity for such coverage shall be extended beyond the date of the completion of repairs or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said the Leased Premises, to provide for one full year’s loss of rental revenues from the date of any such loss. Said insurance organization or companyshall contain an agreed valuation provision in lieu of any co-insurance clause, necessary and the amount of coverage shall be adjusted annually to reflect the projected rental income and other sums, if any, otherwise payable by TENANT, for the maintenance of reasonable fire and public liability insurancenext 12-month period.
Appears in 2 contracts
Samples: Standard Business Park Lease (GLAUKOS Corp), Standard Business Park Lease (GLAUKOS Corp)
Tenant’s Insurance. (a) Tenant agreesshall, during the term hereof and any other period of occupancy, at its sole cost and expense, keep in full force and effect the following insurance:
(i) Standard form property insurance insuring against the perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage (“All-Risk”) and sprinkler leakage. This insurance policy shall be upon all property owned by Tenant, for which Tenant is legally liable or that was installed at Tenant’s expense, to secure and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, which is located in the minimum Project including, without limitation, furniture, fittings, installations, fixtures (other than Tenant improvements installed by Landlord), and any other personal property in an amount not less than ninety percent (90%) of $2,000,000 combined single limitthe full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, the decision of Landlord or any mortgagees of Landlord shall be conclusive. This insurance policy shall also be upon direct or indirect loss of Tenant’s earnings attributable to Tenant’s inability to use fully or obtain access to the Premises or Project in an amount as will properly reimburse Tenant. Such policy shall name Landlord and any mortgagees of Landlord as insured parties, as their respective interests may appear.
(ii) Commercial General Liability Insurance insuring Tenant against any liability arising out of the lease, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be primary in the amount of $5,000,000 Combined Single Limit for injury to, or death of one or more persons in an occurrence, and noncontributory for damage to tangible property (including loss of use) in an occurrence, with respect such liability amount to any insurance carried by Landlordbe adjusted from year to year to reflect increases in the Consumer Price Index. Such policy(iesThe policy shall insure the hazards of premises and operation, independent contractors, contractual liability (covering the Indemnity contained in Section 18 hereof) and shall (1) name Landlord as an additional insured(sinsured, and (2) contain a cross liability provision, and (3) contain a provision that “the insurance provided the Landlord hereunder shall be primary and non-contributing with any other insurance available to the Landlord.”
(iii) Workers’ Compensation and Employer’s Liability insurance (as required by state law), .
(iv) Rental loss insurance in an amount equal to all unpaid Rent which would be due for a period of eighteen (18) months under the Lease. The amount of such rental loss insurance shall insure any liability be increased from time to time during the Term as and when the Rent increases (including estimated increases in Additional Rent as reasonably determined by Landlord).
(v) Tenant shall obtain and maintain loss of Landlord, contingent income and extra expense insurance in amounts as will reimburse Tenant for direct or otherwise, with respect indirect loss of earnings attributable to acts or omissions of Tenant, its agents, employees or invitees all peril commonly insured against by any conduct or transactions of any of said persons in, about or concerning prudent lessees in the Premises, including (without limitation) any failure business of Tenant or attributable to observe prevention of access to the Premises as a result of such perils.
(vi) Any other form or perform forms of insurance as Tenant or Landlord or any mortgagees of its obligations hereunderLandlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself
(b) All policies shall be written in a form satisfactory to Landlord and shall contain the insurer’s waiver be taken out with insurance companies holding a General Policyholders Rating of subrogation against Landlord“A” and a Financial Rating of “X” or better, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business as set forth in the State most current issue of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon Bests Insurance Guide. Within ten (10) days after the execution of this Lease, Tenant shall deliver to Landlord copies of policies or certificates evidencing the existence of the amounts and forms of coverage satisfactory to Landlord. No such policy shall be cancelable or reducible in coverage except after thirty (30) days prior written notice to Landlord. Tenant shall, within ten days prior to 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 insurance that is the responsibility of Tenant under this section, Landlord shall at all times deposit deliver to Tenant a written statement setting forth the cost of any such insurance and maintain a current copy or detailed certificate showing in reasonable detail the manner in which it has been computed. All insurance policies required to be carried by Tenant covering the Premises, including but not limited to contents, fire, and casualty insurance, shall to the extent permitted by law expressly waive any right on the part of said policy(ies) with the insurer against the Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, failure of any insurance organization policy to include such waiver clause or company, necessary for endorsement shall not affect the maintenance validity of reasonable fire and public liability insurancethis Lease.
Appears in 2 contracts
Samples: Office Lease (Rimini Street, Inc.), Office Lease (Rimini Street, Inc.)
Tenant’s Insurance. Tenant agreesTenant, at Tenant’s its own expense, to secure and keep in force shall maintain during the term of this Lease a policy or policies of comprehensive worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injury (including death) and property damage injuries or deaths of persons occurring in, on in or about the PremisesPremises and the Project; provided, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the minimum amount of $2,000,000 combined single limitPremises. Such insurance Said policies shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies(i) shall name Landlord as an additional insured(s)insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s include waiver of subrogation against endorsement in favor of Landlord), its agents(ii) be issued on an occurrence (not claims made) basis, employees and invitees. Such policy(ies(iii) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed which is acceptable to transact business in the State of California and rated no less than A12 by Best’sLandlord, and shall (iv) provide that such said insurance shall not be canceled or materially amended, except upon ten cancelled unless sixty (1060) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant that Tenant is entitled to remove upon the termination of this Lease, and covering all contents of the premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at all times deposit and maintain a current copy or detailed certificate least thirty (30) days prior to the effective date of each renewal of said policy(ies) with Landlordinsurance. Tenant shall at Tenant’s cost maintain policy(ieswill not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of insurance in “all risk” form with a any sprinkler damage endorsement insuring the replacement value credits, including without limitation, use of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereofreceipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. The proceeds from If any of such policies shall be used for increase in the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization on the Premises or companythe Building is caused by Tenant' s use of the Premises, necessary for or because Tenant vacates the maintenance Premises, then Tenant shall pay the amount of reasonable fire and public liability insurancesuch increase to landlord upon demand.
Appears in 2 contracts
Samples: Commercial Lease Agreement (Mannatech Inc), Commercial Lease Agreement (Mannatech Inc)
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
A. Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(1) Commercial general liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury (including death) and property damage occurring inat the Premises, on or resulting from Tenant's use or occupancy of the Premises, Building, Common Areas or Project resulting from Tenant's activities in or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be on an occurrence basis with a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage. The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds. The limits of said insurance required by this Lease as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by the Tenant shall be primary and noncontributory with respect to any similar insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) whose insurance shall be issued by an considered excess insurance company licensed to transact business in the State of California only.
(2) Fire and rated no less than A12 by Best’s, and shall provide that such casualty insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “"all risk” form with a sprinkler " coverage insuring Tenant against loss from physical damage endorsement insuring the replacement value of all Landlord’s and to Tenant’s 's personal property, inventory, stock, trade fixtures, fixtures and leasehold improvements alterations within the Premises with coverage for the full actual replacement value cost thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies;
(3) of workmen’s Workers' compensation insurance and any other employee benefits benefit insurance sufficient to comply with all lawsLaws;
(4) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, "Builder's All Risk" insurance in an amount approved by Landlord covering the alterations or improvements and Contractor's Protective Liability, and Products and Completed Operations Coverage in an amount not less than $500,000 per incident, $1,000,000 in the aggregate;
(5) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, expense and other payment obligations of Tenant under this Lease for a period of not less than one year; and
(6) Comprehensive automobile liability insurance with a policy limit of not less than $1,000,000 each accident for bodily injury and property damage, and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned;
B. Each policy of liability insurance required to be carried by Tenant pursuant to this Article 9 or actually carried by Tenant with respect to the Premises or the Project (i) shall be in a form satisfactory to Landlord, (ii) shall be provided by carriers licensed to do business in the state of California, with a Best's Insurance Guide rating of "ANI" or better and/or acceptable to Landlord and (iii) shall be endorsed to provide thirty (30) days written notice of cancellation to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord and the Landlord Parties which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord and the Landlord Parties.
C. Prior to the time Tenant shallor any of its contractors enters the Premises, Tenant shall deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a certificate of the insurer certifying, in a form satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article 9 and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured as to liability insurance policies, and including the wording under primary insurance above. With respect to each renewal or replacement of any such insurance, the requirements of this Article must be complied with not less than 30 days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may at its sole cost any time and expense, comply with from time-to-time inspect and/or copy any and all requirementsinsurance policies required to be carried by Tenant pursuant to this Article 9.
D. The commercial general liability insurance carried by Tenant shall specifically insure the performance by Tenant of the indemnification provisions set forth in Section 8.2 of this Lease provided, pertaining however, nothing contained in this Article 9 shall be construed to limit the liability of Tenant under the indemnification provisions set forth in said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceSection 8.2.
Appears in 2 contracts
Samples: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)
Tenant’s Insurance. (a) The Tenant agreeswill, at Tenant’s expense, to secure and keep in force during throughout the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunderTerm, and shall contain during such other times, if any, as the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of occupies the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled Leased Premises or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value any portion thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply take out and maintain, in full force and effect at all times, at least the following insurance:
(a) “all-risks” insurance (including flood and earthquake) upon all property owned by the Tenant or for which the Tenant is legally liable, or which is installed by or on behalf of the Tenant, and which is located within the Leased Premises including, but not limited to, fittings, installations, alterations, additions, partitions, Trade Fixtures, and anything in the nature of a Leasehold Improvement (unless the Landlord has specifically insured therefor) as well as the Tenant’s stock-in-trade, furniture and personal property, in an amount of at least one hundred percent (100%) of the full replacement cost with coverage against at least the perils of fire and standard extended coverage, including sprinkler leakages (where applicable), earthquake, flood and collapse. If there is a dispute as to the amount which comprises full replacement cost, the decision of the Landlord will be conclusive. The Landlord shall be named as an additional named insured and the Mortgagee shall be named as a loss payee pursuant to the terms of the standard Insurance Bureau of Canada mortgage clause in such policies;
(b) broad form boiler and machinery insurance on a blanket repair and replacement basis with limits for each accident in an amount of at least one hundred percent (100%) of the full replacement cost of all Leasehold Improvements and of all boilers, pressure vessels, heating and air-conditioning equipment and miscellaneous electrical apparatus owned or operated by the Tenant or by others on behalf of the Tenant in the Leased Premises or relating to or serving the Leased Premises. The Landlord shall be named as an additional named insured and the Mortgagee shall be named as a loss payee pursuant to the terms of the standard Insurance Bureau of Canada mortgage clause in such insurance policies;
(c) business interruption insurance in an amount which will fully reimburse the Tenant for direct or indirect loss of earnings attributable to all perils insured against in Section 10.1 (a)(i) and Section 10.1( a) (ii) and other perils commonly insured against by prudent tenants or attributable to prevention of access to the Leased Premises as the result of such perils, and which shall include provision for the payment of the Rent required hereunder and be in a profits form of coverage with an indemnity period of not less than twelve (12) months;
(d) commercial general liability insurance (IBC Form 2100 or better) on an occurrence basis including personal injury liability, bodily injury liability, contractual liability, nonowned automobile liability, employers’ liability and owners’ and contractors’ protective insurance coverage with respect to the Project and the Tenant’s use of same, coverage to include the activities and operations conducted by the Tenant and any other Person. Such policies shall:
(a) be written on a comprehensive basis with inclusive limits of not less than One Million Dollars ($1,000,000) for any one occurrence for bodily injury to any one or more Persons, or property damage, and all requirementssuch higher limits as the Landlord, pertaining acting reasonably, or the Mortgagee requires from time to said time;
(b) contain a severability of interests clause and a cross-liability clause; and
(c) the Landlord and the Mortgagee shall be named as additional insureds in such insurance policies;
(e) “all-risks” tenant’s legal liability insurance for the actual cash value of the Leased Premises, including loss of use thereof;
(f) exterior glass insurance; and
(g) any other form of insurance organization as the Tenant or companythe Landlord, necessary acting reasonably, or the Mortgagee requires from time to time in form, in amounts and for the maintenance of reasonable fire and public liability insuranceinsurance risks against which a prudent tenant would insure.
Appears in 2 contracts
Samples: Industrial Lease (Above Food Ingredients Inc.), Industrial Lease (Above Food Ingredients Inc.)
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
(a) Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(i) Commercial general liability insurance insuring Tenant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant’s use or occupancy of the Leased Premises, the Building, the Outside Areas or the Property, or resulting from Tenant’s activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant’s Required Liability Coverage (including deathas set forth in Article 1), which insurance shall contain “blanket contractual liability” and “broad form property damage” endorsements insuring Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in this Lease.
(ii) Fire and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all riskspecial form” form with a sprinkler coverage insuring Tenant against loss from physical damage endorsement insuring the replacement value of all Landlord’s and to Tenant’s personal property, inventory, trade fixtures, fixtures and leasehold improvements within the Leased Premises with coverage for the full actual replacement value cost thereof. The proceeds from any ;
(iii) Business income/extra expense insurance sufficient to pay Base Monthly Rent and Additional Rent for a period of such policies shall be used not less than twelve (12) months;
(iv) Plate glass insurance, at actual replacement cost;
(v) Boiler and machinery insurance, to limits sufficient to restore the Building;
(vi) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of the repair distribution, sale, use or replacement consumption of such items so insured. Tenant shall also maintain policy(iesfood and/or beverages (including alcoholic beverages, if applicable) of workmenat the Leased Premises for not less than Tenant’s Required Liability Coverage (as set forth in Article 1);
(vii) Workers’ compensation insurance and any other employee benefits (statutory coverage) with employer’s liability in amounts not less than $1,000,000 insurance sufficient to comply with all laws. ; and
(viii) With respect to making of any alterations or modifications or the construction of improvements or the like undertaken by Tenant, course of construction, commercial general liability, automobile liability and workers’ compensation (to be carried by Tenant’s contractor), in an amount and with coverage reasonably satisfactory to Landlord.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraphs (a) (ii) and (a) (viii) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall, with respect to insurance required by subparagraph (a)(ii) above, name Landlord, and such others as are designated by Landlord, as loss payees; (iii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iv) shall be in a form satisfactory to Landlord; (v) shall be carried with companies reasonably acceptable to Landlord with Best’s ratings of at least A and XI; (vi) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord, and (vii) shall contain a so-called “severability” or “cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its sole cost partners, principals, members, managers, officers, employees, agents and expensecontractors, comply which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, managers, officers, employees, agents and contractors.
(c) Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than thirty days prior to the expiration or cancellation of the policies being renewed or replaced. Landlord may, at any time and from time to time, inspect and/or copy any and all requirementsinsurance policies required to be carried by Tenant pursuant to this Article. If Landlord’s Lender, pertaining insurance broker, advisor or counsel reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1(a) for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, then Tenant shall increase the amount of coverage for such insurance to such greater amount as Landlord’s Lender, insurance broker, advisor or counsel reasonably deems adequate. In the event Tenant does not maintain said Premisesinsurance, Landlord may, in its sole discretion and without waiving any other remedies hereunder, procure said insurance and Tenant shall pay to Landlord as additional rent the cost of any said insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceplus a ten percent (10%) administrative fee.
Appears in 2 contracts
Samples: Lease Agreement (Cardiodx Inc), Lease Agreement (Cardiodx Inc)
Tenant’s Insurance. Tenant agreesshall maintain the following insurance (“Tenant’s Insurance”) during the Term (including any extension thereof): (a) Commercial General Liability Insurance applicable to the Premises and its appurtenances providing, on an occurrence basis, a minimum combined single limit of $5,000,000.00; (b) Property/Business Interruption Insurance written on an All Risk or Special Cause of Loss Form, including earthquake sprinkler leakage, at replacement cost value and with a replacement cost endorsement covering all of Tenant’s expensebusiness and trade fixtures, to secure equipment, movable partitions, furniture, merchandise and keep in force during other personal property within the term of this Lease a policy of comprehensive general liability insurance for personal injury Premises (including death“Tenant’s Property”) and property damage occurring inany Alterations performed by or for the benefit of Tenant; (c) Workers’ Compensation Insurance in amounts required by Law; and (d) Employers Liability Coverage of at least $1,000,000.00 per occurrence. Any company writing Tenant’s Insurance shall have an A.M. Best rating of not less than A-VIII. All Commercial General Liability Insurance policies shall name as additional insureds Landlord (or its successors and assignees) and its designees. In addition, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance Landlord shall be primary and noncontributory named as a loss payee with respect to any insurance carried by LandlordProperty/Business Interruption Insurance on the Alterations. Such policy(iesAll policies of Tenant’s Insurance shall contain endorsements that the insurer(s) shall name give Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, and its agents, employees or invitees by any conduct or transactions designees at least thirty (30) days’ advance written notice of any cancellation, termination, material change or lapse of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlordinsurance. Tenant shall at all times deposit and maintain provide Landlord with a current copy or detailed certificate of said policy(ies) with Landlord. insurance evidencing Tenant’s Insurance as necessary to assure that Landlord always has current certificates evidencing Tenant’s Insurance.” Tenant shall at provide Landlord with a certificate of insurance evidencing Tenant’s cost maintain policy(iesInsurance, within five (5) business days following delivery of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all this Amendment, executed by Tenant to Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.
Appears in 2 contracts
Samples: Lease, Lease (Autodesk Inc)
Tenant’s Insurance. Tenant agrees, at Tenant’s expense, to secure and keep in force At all times during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance Term and any other employee benefits sufficient to comply with all laws. Tenant shallholdover period and/or options term, Tenant, at its sole cost and expense, comply shall procure and maintain the following types of insurance:
14.2.1 Tenant shall, at Tenant's expense, obtain and keep in force during the Term of this Lease a policy of commercial general liability insurance with Broad Form Liability, and cross-liability endorsements, insuring Landlord and Tenant against any liability arising out of the use or occupancy of the Premises and all requirementsareas appurtenant thereto, pertaining including parking areas. Such insurance shall be in an amount satisfactory to said Landlord of not less than $1,000,000 for fire damage, $3,000,000 per occurrence and $5,000,000 annually in the aggregate for all claims. Such policy shall name Landlord as an additional insured.
14.2.2 Tenant shall, at Tenant's expense, obtain and keep in force, during the Term of this Lease, an “all risk” insurance policy with a sprinkler damage endorsement for Tenant's personal property, inventory, Alterations, fixtures, equipment, plate glass, and leasehold improvements located on the Premises, in an amount not less than one hundred percent (100%) of their actual replacement value, providing coverage for risk of direct physical loss or damage, including sprinkler leakage, vandalism, and malicious mischief. The proceeds of such insurance, so long as this Lease remains in effect, shall be used to repair or replace the personal property, inventory, Alterations, fixtures, equipment, and leasehold improvements so insured. Provided such proceeds are applied as set forth in this Section 14.2.2, any insurance organization or companyproceeds received by Tenant under such policy shall be the sole property of Tenant, necessary for the maintenance of reasonable fire and public liability insuranceLandlord shall have no rights thereto.
Appears in 2 contracts
Samples: Land Lease Subtenant Agreement (Sunset Island Group), Land Lease Subtenant Agreement (Sunset Island Group)
Tenant’s Insurance. Tenant agrees, shall have the following insurance ------------------ obligations:
(a) Tenant shall obtain at Tenant’s expense, to secure its sole cost and expense and keep in full force during the term of this Lease a policy of comprehensive general Combined Single Limit Bodily Injury and Property Damage Insurance protecting Landlord and Tenant and Landlord's managing agent and any lessors and mortgagees (whose names shall have been furnished to Tenant) against any liability insurance for personal injury (including death) arising out of Tenant's or Tenant's Employees' use, occupancy or maintenance of the Premises and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limitall areas appurtenant thereto. Such insurance shall be primary for any such risk and noncontributory with respect to any insurance carried by Landlordshall be in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence. Such policy(ies) The policy shall name Landlord as an additional insured(s), shall insure any contain cross- liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunderendorsements, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the foregoing indemnity provisions provision of Section 14the Lease. hereof. Such policy(ies) The policy shall be issued by an insurance company licensed provide for notice of renewal to transact business in the State of California and rated no Landlord not less than A12 by Best’sthirty (30) days prior to expiration, and shall provide that such insurance shall not be canceled or materially amended, except upon ten for notice to Landlord of cancellation thirty (1030) days prior written notice to Landlordsaid cancellation. The limits of said insurance shall not, however, limit the liability of Tenant under Paragraph 14.1 above. Notwithstanding the foregoing, Tenant shall have the right to self-insure against the liability to be covered by the policy referenced in this Paragraph 14.3(a), so long as Tenant maintains a net worth of at all times deposit least One Hundred Twenty-Five Million Dollars ($125,000,000.00), as shown on Tenant's annual report to its shareholders and maintain a current copy or detailed certificate of said policy(iesTenant's Form 10Q statement filed quarterly with the Securities and Exchange Commission;
(b) with Landlord. Tenant shall maintain, at Tenant’s 's sole cost maintain policy(iesand expense, on all Tenant's Personal Property, the Tenant Improvements and Tenant's Extra Improvements, a policy of All Risk insurance inclusive of standard fire and extended coverage insurance, naming Landlord and Tenant as their interests may appear, with vandalism and malicious mischief endorsements, to the extent of one hundred percent (100%) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof(as Landlord and Tenant may reasonably determine from time to time) of Tenant's Personal Property, the Tenant Improvements and Tenant's Extra Improvements. Landlord shall not be required to carry insurance of any kind on Tenant's Personal Property, the Tenant Improvements or Tenant's Extra Improvements, and Landlord shall not be obligated to repair any damage thereto or replace the same. Notwithstanding the foregoing, Tenant shall have the right to self-insure Tenant's Personal Property, the Tenant Improvements and the Tenant's Extra Improvements, so long as Tenant maintains a net worth of at least One Hundred Twenty-Five Million Dollars ($125,000,000.00), as shown on Tenant's annual report to its shareholders and Tenant's Form 10Q statement filed quarterly with the Securities and Exchange Commission. The proceeds from any right of such policies Tenant to self-insure set forth herein shall be used for personal to the repair original Tenant named herein and may not be assigned or replacement of such items so insured. exercised by any assignee or sublessee;
(c) Tenant shall also maintain policy(iesWorkers' Compensation and Employer's Liability insurance as required by law;
(d) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply maintain any other types and amounts of insurance as Landlord, its mortgagees, or the trust deed beneficiaries of Landlord or the ground or underlying lessors of the Land and/or the Building may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent Landlord of a Comparable Building would require; and
(e) Tenant shall provide Landlord, prior to the date on which Landlord delivers possession of the Premises (or any portion thereof) to Tenant and thereafter as Landlord may reasonably request, certificates issued by the insurance company which is providing coverage, evidencing compliance with any and all the above insurance requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.
Appears in 1 contract
Samples: Office Lease (Smart & Final Inc/De)
Tenant’s Insurance. Tenant agreesshall purchase and, at Tenant’s expenseduring the entire Term of the Lease, maintain insurance with terms, coverages and in companies reasonably satisfactory (but in no event with a Best's Rating of less than A- or a Best's Financial Size Category of less than Class X) to Landlord. Tenant agrees to secure such reasonable increases in limits as Landlord may from time to time reasonably request. Tenant shall maintain the following coverages in the following amounts:
(i) Comprehensive General Liability Insurance, naming Landlord, the Building's property manager and keep in force during the term all mortgagees as additional insureds, and covering, on an occurrence basis, claims of this Lease a policy of comprehensive general liability insurance for bodily injury, personal injury (including death) and property damage occurring inarising out of Tenant's operations, assumed liabilities or use of the Leased Premises, for limits of liability not less than: Personal and Advertising $1,000,000 each occurrence Injury Liability $2,000,000 annual aggregate Property Damage Liability $1,000,000 each occurrence $2,000,000 annual aggregate General Annual Aggregate $2,000,000 Products-Comp/OPS Aggregate $1,000,000 Umbrella Liability $15,000,000 Insured Participation 0%
(ii) Property Damage Insurance covering, on an occurrence basis, (A) all additions, improvements and alterations to the Leased Premises paid for by Landlord, directly or about the Premisesindirectly, including including, without limitation Initials /s/ IH Initials /s/ JMJ parkingall floor coverings, walkways arid landscaped areaswall coverings, window coverings and ceiling tile (whether or not such floor coverings, wall coverings, window coverings and ceiling tile are building standard) and all Landlord's Work that is not Base Construction as set forth in Exhibit B-1 attached hereto and (B) all office furniture, trade fixtures, office equipment, merchandise and all other items of Tenant's property in the minimum amount of $2,000,000 combined single limitLeased Premises. Such insurance shall be primary written on an "all risks" of physical loss or damage basis and noncontributory with respect will have limits sufficient to any insurance carried by Landlord. Such policy(ies) shall cover the full replacement cost value of the covered items and name Landlord as additional insured and all mortgagees as loss payees (as their interests may appear). If requested by the holder of any mortgage now or hereafter placed against the Property, said insurance also shall include a standard mortgage clause for the benefit of such holder. The coinsurance clause of such insurance shall be waived and a replacement cost endorsement shall be included, which endorsement provides that in the event of loss, Tenant is fully reimbursed when replacing old with new without deduction for physical depreciation.
(iii) Business interruption insurance in the amount of at least $500,000, sufficient to reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of, or access to the Leased Premises as a result of such perils.
(iv) During such time as Tenant shall be constructing or contracting for the construction of any alterations, improvements or additions in the Leased Premises, Tenant shall carry builder's risk insurance, completed value form, covering all physical loss in an additional insured(s), shall insure any liability of amount reasonably satisfactory to Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against naming as additional insureds Landlord, its agentsthe Building's property manager and all mortgagees. Tenant shall, employees and invitees. Such policy(ies) shall insure performance by Tenant prior to the commencement of the indemnity provisions of Section 14. hereof. Such policy(ies) Term, furnish to Landlord certificates evidencing such coverage, which certificates shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide state that such insurance shall coverage may not be canceled changed or materially amended, except upon ten cancelled without at least thirty (1030) days days' prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s Landlord and Tenant’s personal property, inventory, trade fixtures, . Such coverage shall apply or relate solely to the Property and leasehold improvements within not be diluted by claims against Tenant related to activities not applicable or related to the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceProperty.
Appears in 1 contract
Samples: Office Lease (Hagler Bailly Inc)
Tenant’s Insurance. Commencing on the earlier of the date Landlord delivers possession of the Leased Premises to Tenant agreesin the condition required hereunder or the date Tenant is given earlier access to the Leased Premises, and continuing at Tenant’s expense, to secure and keep in force all times during the term Term thereafter, Tenant shall carry and maintain:
A. Commercial General Liability (on a current ISO occurrence form or equivalent) with a deductible (which shall not be a self-insured retention) of not more than One Hundred Thousand Dollars ($100,000.00) (the “Deductible Cap”), naming Tenant as the named insured and including Landlord and (at Landlord’s request) Landlord’s Mortgagee (and managing agent), if any, Landlord’s property manager, if any, Federal Realty Investment Trust (“FRIT”), if FRIT is not the Landlord under this Lease a policy Lease, and Ground Lessor, as additional insureds, providing an Additional Insured – Managers or Lessors of comprehensive general Leased Premises Endorsement (#CG-20-11-01-96 or equivalent) protecting Tenant and the additional insureds against liability insurance for personal injury (including death) bodily injury, death and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlordliability arising out of the ownership, use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto, with limits not less than per occurrence limit of Two Million Dollars ($2,000,000.00) and a general aggregate of Five Million Dollars ($5,000,000.00). Such policy(iesIf the policy also covers locations other than the Leased Premises, the policy shall include a provision to the effect that the aggregate limit of Four Million Dollars ($4,000,000.00) shall name apply separately at the Leased Premises. These policy limits may be obtained through any combination of primary and excess insurance. If Tenant sells, serves or distributes food in or on the Leased Premises, then such General Liability Insurance shall include products liability with a combined single limit of Two Million Dollars ($2,000,000.00) per occurrence and an aggregate limit of Two Million Dollars ($2,000,000.00). In addition, if Tenant hosts a function in or on the Leased Premises or Protected Area where alcoholic beverages are sold or served, then Tenant agrees to obtain, and cause any persons or parties providing services for such function to obtain, commercially reasonable host liquor liability coverage naming Landlord, Xxxxxxxx’s managing agent and those others designated by Landlord as an additional insured(sinsureds and provide Landlord with evidence of the same.
B. “All Risks” or “Special Causes of Loss Form” property insurance covering all of Tenant’s Property, Leasehold Improvements and Specialized Leasehold Improvements (as each are defined in Section 9.05. below), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant coverage for those building components for those portions of the indemnity provisions Leased Premises that Tenant is responsible to repair pursuant to Section 10.02. below and written for at least the full replacement cost with a deductible of Section 14. hereof. Such policy(ies) shall be issued by an not more than the Deductible Cap.
C. Plate glass insurance company licensed to transact business covering all plate glass in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to LandlordLeased Premises. Tenant shall at all times deposit be and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used remain liable for the repair or replacement and restoration of all such items so insured. Tenant shall also maintain policy(iesplate glass.
D. Comprehensive boiler and machinery coverage, including electrical apparatus, if applicable, with a deductible of not more than Five Thousand Dollars ($5,000.00).
E. Business interruption, loss of income and extra expense insurance with at least Five Hundred Thousand Dollars ($500,000.00) of workmencoverage.
F. Worker’s compensation insurance and employer’s liability insurance with a minimum of One Million Dollars ($1,000,000.00), and statutory worker’s compensation insurance as required by the State of California. Such policy shall provide a waiver of subrogation in favor of Landlord and Xxxxxxxx’s managing agent. Notwithstanding anything set forth above, all dollar limits specified in this Section 8.03. may be adjusted not more than once every five (5) years of the Term effective not less than sixty (60) days after the date of any other employee benefits sufficient proposed increase, to comply with all laws. Tenant shalleffect (i) economically equivalent insurance coverage, or coverage reasonably deemed necessary in light of then existing circumstances, based on the written recommendations of a reputable insurance consultant retained by Landlord at its Landlord’s sole cost and expensethe practices of owners of comparable mixed-projects in the area of the Project, comply provided the written report containing the consultant’s recommendation will be provided to Tenant together with any and all requirementsproposed increase in coverage, pertaining and/or (ii) the requirements of Landlord’s then-Mortgagee, to said Premisesthe extent consistent with subpart (i), of above. In addition, consistent with subpart (i), above, in the event Tenant assigns this Lease (other than in connection with a Permitted Transfer (defined below)) to any insurance organization or companyassignee that has a Net Worth (defined below) that is less than the Net Worth Threshold (defined below), necessary for Landlord shall have the maintenance of right to reduce the Deductible Cap to such amount as Landlord, in its reasonable fire and public liability insurancediscretion, deems appropriate.
Appears in 1 contract
Tenant’s Insurance. Tenant agreesshall maintain, at Tenant’s its own cost and expense, in responsible companies approved by Landlord, combined single limit public liability insurance, insuring Landlord and Tenant, as their interests may appear, against all claims, demands or actions for bodily injury, personal injury or death of any one person in an amount of not less than $ 1,000,000.00; and for bodily injury, personal injury or death of more than one person in any one accident in an amount of not less than $ 1,000,000.00; and for damage to secure property in an amount of not less than $ 1,000,000.00. Landlord shall have the right to direct Tenant to increase such amounts whenever it considers them inadequate. Such liability insurance shall also cover and keep in force during the term of this Lease a include all exterior signs maintained by Tenant. The policy of comprehensive insurance may be in the form of a general liability insurance for personal injury (including death) coverage or floater policy covering these and property other premises, provided that Landlord is specifically insured therein. Tenant shall carry like coverage against loss or damage occurring inby boiler or compressor or internal explosion of boilers or compressors, on if there is a boiler or about compressor in the Premises. Tenant shall maintain insurance covering all glass forming a part of the Premises including plate glass in the Premises and fire insurance against loss or damage by fire or windstorms, with such endorsements for extended coverage, vandalism, malicious mischief and special extended coverage as Landlord may require, covering 100% of the replacement costs of any items of value, including without limitation Initials /s/ IH Initials /s/ JMJ parkingbut not limited to signs, walkways arid landscaped areasstock, in the minimum amount inventory, fixtures, improvements, floor coverings and equipment. All of $2,000,000 combined single limit. Such said insurance shall be primary in form and noncontributory with respect in responsible companies satisfactory to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall it will not be canceled subject to cancellation, termination or materially amended, change except upon ten after at least thirty (1030) days prior written notice to Landlord. Any insurance procured by Tenant as herein required shall contain an express waiver of any right of subrogation by the insurance company against Landlord. The policies, together with satisfactory evidence of the payment of the premiums thereon, shall be deposited with Landlord on the day Tenant begins operations. Thereafter, Tenant shall at all times deposit provide Landlord with evidence of proof of payment upon renewal of any such policy, not less than thirty (30) days prior to expiration of the term of such coverage. In the event Tenant fails to obtain or maintain the insurance required hereunder, Landlord may obtain same and maintain a current copy or detailed certificate any costs incurred by Landlord in connection therewith shall be payable by Tenant upon demand. Landlord shall carry public liability insurance covering the exterior of said policy(ies) with Landlordthe Premises, including, but not limited to the sidewalks, malls and parking lot. Tenant shall at pay its pro rata share of the increase in the insurance premium for the Premises above a 1997 base year within ten (10) days after the original billing, date from Landlord. Wherever reference is made to Tenant’s cost maintain policy(ies) 's "pro rata share," it shall mean the proportion that the square foot area of insurance in “all risk” form with the Premises shall bear to the entire Center's gross leasable area. The prorating of such share shall be determined by the use of a sprinkler damage endorsement insuring formula, the replacement value numerator of all Landlord’s and Tenant’s personal property, inventory, trade fixtureswhich is the square footage of the Premises (5,030 square feet), and leasehold improvements within the Premises for denominator of which is the full replacement value thereof. The proceeds from any gross leasable area of such policies shall be used for the repair or replacement Center (101,736 square feet) at the commencement of such items so insured. Tenant shall also maintain policy(iesthis Lease, with the resulting percentage (4.94%) being Tenant's pro rata area of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shallthe Center, at its sole which, when multiplied by the cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or companyadditional charges, necessary for represents the maintenance dollar amount of reasonable fire and public liability insuranceTenant's annual pro rata share.
Appears in 1 contract
Samples: Warehouse Lease (Maxxis Group Inc)
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
(a) Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(i) Comprehensive general liability insurance insuring Tenant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of the Leased Premises, the Building, the Outside Areas or the Property, or resulting from Tenant's activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant's Required Liability Coverage (including deathas set forth in ARTICLE 1), which insurance shall contain a "broad form liability" endorsement insuring Tenant's performance of Tenant's obligations to indemnify Landlord as contained in this Lease.
(ii) Fire and property damage occurring ininsurance in so-called "fire and extended coverage" form insuring Tenant against loss from physical damage to Tenant's personal property, on inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof;
(iii) Plate glass insurance, at actual replacement cost;
(iv) Pressure vessel insurance, if applicable;
(v) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all laws; and
(vi) With respect to making of alterations or about the Premisesconstruction of improvements or the like undertaken by Tenant, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areascontingent liability and builder's risk insurance, in an amount and with coverage reasonably satisfactory to Landlord.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the minimum amount of $2,000,000 combined single limit. Such Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(vi) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and noncontributory including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord with Best's ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord, and (vi) shall contain a so-called "severability" or "cross liability" endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any insurance carried by Landlord. Such policy(iesproperty therein (i) shall name provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord as an additional insured(s), and (ii) shall insure any liability of Landlord, contingent or otherwise, with respect contain a waiver and/or a permission to acts or omissions of Tenant, its agents, employees or invitees waive by any conduct or transactions the insurer of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver right of subrogation against Landlord, its agentspartners, employees principals, members, officers, employees, agents and invitees. Such policy(ies) shall insure performance contractors, which might arise by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, reason of any insurance organization payment under such policy or companyby reason of any act or omission of Landlord, necessary for the maintenance of reasonable fire its partners, principals, members, officers, employees, agents and public liability insurancecontractors.
Appears in 1 contract
Tenant’s Insurance. Tenant agreesTenant, at Tenant’s its sole expense, to secure shall obtain and keep in force during the term of this Lease a policy of comprehensive following insurance:
(a) Commercial general liability insurance coverage on an "occurrence basis" against claims for personal injury (including injury, including, without limitation, bodily injury, death) , and broad form property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areasdamage, in combined single limits of not less than $1,000,000 per occurrence and a $2,000,000 aggregate, with coverage to include a per location endorsement, contractual liability, fire legal liability in the minimum amount of $2,000,000 combined single limit. Such insurance shall 500,000, and other broad form endorsements that would be primary and noncontributory with respect to any insurance carried by Landlorda prudent individual conducting a business similar to Tenant's business. Such policy(ies) All such insurance policies shall name Tenant as the named insured thereunder and shall name Landlord and Landlord's mortgagees as an additional insured(s)insureds thereunder, shall insure any liability of Landlord, contingent or otherwiseall as their respective interests may appear;
(b) Worker's Compensation and Employer's Liability insurance, with respect to acts or omissions a waiver of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver subrogation endorsement waiving rights of subrogation against Landlord, its agentsin form and amount satisfactory to Landlord and at a minimum is equal to that required by the law of Virginia;
(c) Special Causes of Loss Insurance insuring the Leasehold Improvements and Tenant's interest in the Premises and all property located in the Premises, employees including furniture, equipment fittings, installations, fixtures, supplies and invitees. Such policy(ies) shall insure performance any other personal property, Leasehold Improvements and alterations ("Tenant's Property"), 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 or loss or damage to any uninsured or inadequately insured property;
(d) During the course of construction of any work performed by Tenant or on Tenant's behalf pursuant to Exhibit "B" or any alterations by Tenant until completion thereof, Builder's Risk Insurance on a "special causes of loss" basis (including collapse) on a completed value (non-reporting) form for full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises;
(e) Auto liability coverage for owned, hired and non-owned vehicles with a $1,000,000 combined single limit; and
(f) Excess liability coverage in the amount of $5,000,000 which will follow form and respond to and increase the limits of the indemnity provisions of Section 14coverages described in Sections 12.01(a), (b), (c), and (d) above. hereof. Such policy(ies) All policies shall be issued by companies having a Best's rating reasonably acceptable to Landlord and shall be in amounts and in form satisfactory from time to time to Landlord and Landlord's lender. All policies shall contain an insurance company licensed to transact business endorsement or agreement by the insurer that any loss shall be payable in accordance with the State terms of California and rated no less than A12 by Best’ssuch policy notwithstanding any act or negligence of Tenant which might otherwise result in a forfeiture of said insurance, and shall provide that such the further agreement of the insurer waiving all rights of setoff, counterclaim, or deduction against Tenant. Tenant will deliver certificates of insurance shall evidencing each policy to Landlord as soon as practicable after the placing of the required insurance, but not be canceled or materially amended, except upon later than ten (10) days prior written notice to the date Tenant takes possession of all or any part of the Premises. All policies shall contain an undertaking by their insurers to notify Landlord and Landlord's lender in writing, by registered or certified U.S. Mail, return receipt requested, not less than thirty (30) days before any material change, reduction in the scope or limits of coverage, cancellation, or other termination thereof. All policies (except worker's compensation and employer's liability) shall name Landlord and Landlord's manager as additional insureds and shall be evidenced as such on a Certificate of Insurance issued to Landlord. Tenant shall at all times deposit Landlord reserves the right to periodically review the insurance coverages required by this Section 12.01 and maintain a current copy to revise such requirements to reflect insurance industry practices or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) require other forms or amounts of insurance as may be reasonably required to reflect changes in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceindustry practices.
Appears in 1 contract
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
(a) Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(i) Commercial general liability insurance insuring Ten ant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant’s use or occupancy of the Leased Premises, the Building, the Common Areas or the Property, or resulting from Tenant’s activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant’ s Required Liability Coverage (including deathas set forth in Article 1), which insurance shall contain “blanket contractual liability” and “broad form property damage” endorsements insuring Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in this Lease.
(ii) Fire and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all riskspecial form” form with a sprinkler coverage insuring Tenant against loss from physical damage endorsement insuring the replacement value of all Landlord’s and to Tenant’s personal property, inventory, trade fixtures, fixtures and leasehold improvements within the Leased Premises with coverage for the full actual replacement value cost thereof. The proceeds from any ;
(iii) Business income/extra expense insurance sufficient to pay Base Monthly Rent and Additional Rent for a period of such policies shall be used not less than twelve (12) months;
(iv) Machinery breakdown, if applicable;
(v) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of the repair distribution, sale, use or replacement consumption of such items so insured. Tenant shall also maintain policy(iesfood and/or beverages (including alcoholic beverages, if applicable) of workmenat the Leased Premises for not less than Tenant’s Required Liability Coverage (as set forth in Article 1);
(vi) Workers’ compensation insurance and any other employee benefits (statutory coverage) with employer’s liability insurance in amounts not less than $1,000,000 sufficient to comply with all laws. ; and
(vii) With respect to making of any alterations or modifications or the construction of improvements or the like undertaken by Tenant, course of construction, commercial general liability, automobile liability and workers’ compensation (to be carried by Tenant’s contractor), in an amount and with coverage reasonably satisfactory to Landlord.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraphs (a)(ii) and (a)(viii) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall, with respect to insurance required by subparagraph (a)(ii) above, name Landlord, and such others as are designated by Landlord, as loss payees; (iii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iv) shall be in a form satisfactory to Landlord; (v) shall be carried with companies reasonably acceptable to Landlord with Best’s ratings of at least A and XI; (vi) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord, or ten (10) days for nonpayment of premium, and (vii) shall contain a so-called “severability” or “cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its sole cost partners, principals, members, managers, officers, employees, agents and expensecontractors, comply which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, managers, officers, employees, agents and contractors.
(c) Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article 9, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than thirty days prior to the expiration or cancellation of the policies being renewed or replaced. Landlord may, at any time and from time to time, inspect and/or copy any and all requirementsinsurance policies required to be carried by Tenant pursuant to this Article 9. If Landlord’s Lender, pertaining insurance broker, advisor or counsel reasonably determines at any time that the amount of coverage set forth in Paragraph 9. l(a) for any policy of insurance Tenant is required to carry pursuant to this Article 9 is not adequate, then Tenant shall increase the amount of coverage for such insurance to such greater amount as Landlord’s Lender, insurance broker, advisor or counsel reasonably deems adequate. In the event Tenant does not maintain said Premisesinsurance, Landlord may, in its sole discretion and without waiving any other remedies hereunder, procure said insurance and Tenant shall pay to Landlord as additional rent the cost of any said insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceplus a ten percent (10%) administrative fee.
Appears in 1 contract
Samples: Lease Agreement (Biolase, Inc)
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
10.1.1 Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force during and effect, the term following (or have the following procured, paid for and kept in force and effect by Avago for the benefit of this Lease a policy of comprehensive Tenant):
(a) Broad-form, general commercial liability insurance (or the equivalent insurance as written for coverage in Singapore), including property damage, against liability for personal injury injury, bodily injury, death and damage to property occurring in or about, or resulting from an occurrence in or about, the Premises with combined single limit coverage of not less than the amount of Tenant’s Minimum Liability Insurance Coverage, which insurance shall contain, “fire legal” endorsement coverage and a “contractual liability” endorsement (including deathif available for subleased premises occupied for the Permitted Use in the area in which the Premises is located) insuring Tenant’s performance of Tenant’s obligation to indemnify Landlord contained in Section 11.4, and with Landlord and such other parties as Landlord shall designate named as an additional insured parties;
(b) Fire and property damage occurring ininsurance against loss caused by fire, on extended coverage perils including steam boiler insurance, sprinkler leakage, if applicable, vandalism, malicious mischief and such other additional perils as now are or about hereafter may be included in a standard extended coverage endorsement from time to time in general use in Singapore; and
(c) Worker’s compensation and Employee liability coverage sufficient to comply with all local Laws;
10.1.2 The broad-form general commercial liability insurance (or the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, equivalent insurance as written for coverage in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect Singapore) that Tenant is required to any insurance carried by Landlord. Such policy(iescarry under Section 10.1.1(a) shall name Landlord and such other parties in interest as an Landlord designates as additional insured(s)insureds. Additionally, all policies of insurance required to be carried by Tenant pursuant to this Section 10.1 shall insure (i) be primary insurance without the right of contribution from any liability other insurance coverage of Landlord, contingent or otherwise, with respect (ii) be in a form reasonably satisfactory to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents(iii) be carried with insurance companies acceptable to Landlord, employees and invitees. Such policy(ies(iv) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance policy shall not be canceled subject to cancellation, reduction of coverage or materially amended, lapse except upon ten after at least thirty (1030) days prior written notice to Landlord. Tenant shall at all times deposit , (v) where permissible under Singapore law and maintain if available and customary under Singaporean practice, contain a current copy or detailed cross liability endorsement, and (vi) contain a “severability” clause.
10.1.3 A certificate of said policy(ies) with Landlord. insurance reflecting that the insurance required to be carried by Tenant pursuant to this Section 10.1 is in force, and reflecting the required additional insured provision satisfactory to Landlord in substance and form, shall at be delivered to Landlord prior to the time Tenant or any of Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within Agents enters the Premises for the full replacement value thereof. The proceeds from any and upon renewal of such policies shall be used for policies, but not less than thirty (30) days prior to the repair or replacement expiration of the term of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancecoverage.
Appears in 1 contract
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
(a) Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(i) Commercial general liability insurance insuring Tenant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant’s use or occupancy of the Leased Premises, the Building, the Common Areas, the Property, or the Project, or resulting from Tenant’s activities in or about the Leased Premises, the Property, or the Project, with coverage in an amount equal to Tenant’s Required Liability Coverage (including deathas set forth in Article 1), which insurance shall contain “blanket contractual liability” and “broad form property damage” endorsements insuring Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in this Lease.
(ii) Fire and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all riskspecial form” form with a sprinkler coverage insuring Tenant against loss from physical damage endorsement insuring the replacement value of all Landlord’s and to Tenant’s personal property, inventory, trade fixtures, fixtures and leasehold improvements within the Leased Premises with coverage for the full actual replacement value cost thereof. The proceeds from any ;
(iii) Business income/extra expense insurance sufficient to pay Base Monthly Rent and Additional Rent for a period of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(iesnot less than twelve (12) of workmen’s months;
(iv) [Reserved];
(v) [Reserved];
(vi) [Reserved];
(vii) Workers’ compensation insurance and any other employee benefits (statutory coverage) with employer’s liability in amounts not less than $1,000,000 insurance sufficient to comply with all laws. ; and
(viii) With respect to making of any alterations or modifications or the construction of improvements or the like undertaken by Tenant, course of construction, commercial general liability, automobile liability and workers’ compensation (to be carried by Tenant’s contractor), in an amount and with coverage reasonably satisfactory to Landlord.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises, the Property, or the Project: (i) shall, except with respect to insurance required by subparagraphs (a)(ii) and (a)(viii) above, name Landlord, and such Landlord affiliates as are designated by Landlord, as additional insureds; (ii) [reserved]; (iii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iv) shall be carried with companies with Best’s ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord, and (vi) shall contain a so-called “severability” or “cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises, the Property, or the Project or any property therein (i) shall provide that such policy shall not be subject to cancellation except after at least thirty (30) days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its sole cost partners, principals, members, managers, officers, employees, agents and expensecontractors, comply which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, managers, officers, employees, agents and contractors.
(c) Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than thirty (30) days prior to the expiration or cancellation of the policies being renewed or replaced. Landlord may, at any time and from time to time, inspect and/or copy any and all requirementsinsurance policies required to be carried by Tenant pursuant to this Article. If Landlord’s Lender or insurance advisor reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1(a) for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, pertaining then Tenant shall increase the amount of coverage for such insurance to such greater amount as Landlord’s Lender or insurance advisor reasonably deems adequate; provided, however, that Tenant shall not be required to increase such amount beyond (i) with respect to increases determined by Landlord’s Lender, the amount(s) actually required by Landlord’s Lender, and (ii) with respect to increases determined by Landlord’s insurance advisor, the amount(s) then being required or carried by other prudent landlords in the Santa Xxxxx or Sunnyvale area. In the event Tenant does not maintain said Premisesinsurance, Landlord may, in its sole discretion and without waiving any other remedies Building D hereunder, send to Tenant written notice of any such failure, and if such failure is not remedied within ten (10) days after receipt of such notice, then Landlord may procure said insurance organization or company, necessary for and Tenant shall pay to Landlord as additional rent the maintenance cost of reasonable fire and public liability insurancesaid insurance plus a five percent (5%) administrative fee.
Appears in 1 contract
Tenant’s Insurance. Tenant agreesTenant, at Tenant’s its own expense, to secure and keep in force shall maintain during the term of this Lease a policy or policies of comprehensive worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance insurance, including personal injury and property damage, with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injury (including death) and property damage injuries or deaths of persons occurring in, on in or about the PremisesPremises and the Project; provided, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant in the minimum amount of $2,000,000 combined single limitPremises. Such insurance Said policies shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies(i) shall name Landlord as an additional insured(s)insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s include waiver of subrogation against endorsement in favor of Landlord), its agents(ii) be issued on an occurrence (not claims made) basis, employees and invitees. Such policy(ies(iii) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed which is acceptable to transact business in the State of California and rated no less than A12 by Best’sLandlord, and shall (iv) provide that such said insurance shall not be canceled or materially amended, except upon ten cancelled unless thirty (1030) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant upon commencement of the term of the Lease and at all times deposit and maintain a current copy or detailed certificate least thirty (30) days prior to the effective date of each renewal of said policy(ies) with Landlordinsurance. Tenant shall at Tenant’s cost maintain policy(ieswill not permit the Premises to be used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of insurance in “all risk” form with a any sprinkler damage endorsement insuring the replacement value credits, including without limitation, use of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereofreceipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. The proceeds from If any of such policies shall be used for increase in the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization on the Premises or companythe Building is caused by Tenant's use of the Premises, necessary for the maintenance of reasonable fire and public liability insurance.or because Tenant
Appears in 1 contract
Samples: Sublease (Mannatech Inc)
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following: Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following: Commercial general liability insurance insuring Tenant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of the Leased Premises, the Buildings, the Outside Areas or the Property, or resulting from Tenant's activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant's Required Liability Coverage (including death) as set forth in Article 1), which insurance shall contain "blanket contractual liability" and "broad form property damage" endorsements insuring Tenant's performance of Tenant's obligations to indemnify Landlord as contained in this Lease. Fire and property damage occurring ininsurance in "special form" coverage insuring Tenant against loss from physical damage to the Removable Tenant Improvements, on Tenant's personal property, inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; [intentionally deleted]; Plate glass insurance, at actual replacement cost; Boiler and machinery insurance, to limits sufficient to restore the Buildings; [intentionally deleted]; Workers' compensation insurance (statutory coverage) with employer's liability in amounts not less than $1,000,000 insurance sufficient to comply with all laws; and With respect to making of any Alterations or about the Premiseslike (other than the Tenant Improvements, including without limitation Initials /s/ IH Initials /s/ JMJ parkingwhich are governed by the Work Letter) undertaken by Tenant, walkways arid landscaped areascourse of construction, commercial general liability, automobile liability and workers' compensation (to be carried by Tenant's contractor), in an amount and with coverage reasonably satisfactory to Landlord. Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the minimum amount of $2,000,000 combined single limit. Such Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(ii) and (vii) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and noncontributory with respect to including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability coverage of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including ; (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(iesiii) shall be issued by an insurance company licensed in a form reasonably satisfactory to transact business in the State Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord with Best's ratings of California at least A and rated no less than A12 by Best’s, and XI; (v) shall provide that such insurance policy shall not be canceled subject to cancellation, lapse or materially amended, change except upon ten after at least thirty (1030) days prior written notice to Landlord, and (vi) shall contain a so-called "severability" or "cross liability" endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, officers, employees, agents and contractors, which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, officers, employees, agents and contractors. Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall at all times deposit and maintain deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a current copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or detailed a certificate of said policy(iesthe insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than thirty days prior to the expiration or cancellation of the policies being renewed or replaced. Landlord may, at any time and from time to time, inspect and/or copy any and all insurance policies required to be carried by Tenant pursuant to this Article. If Landlord's Lender, insurance broker, advisor or counsel reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1(a) with Landlord. for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, then Tenant shall at Tenant’s cost maintain policy(iesincrease the amount of coverage for such insurance to such greater amount as Landlord's Lender, insurance broker, advisor or counsel reasonably deems adequate, provided such insurance is customarily maintained or required for projects similar to the Leased Premises. Landlord's Insurance. With respect to insurance maintained by Landlord: Landlord shall maintain, as the minimum coverage required of it by this Lease, fire and property damage insurance in so-called special form coverage insuring Landlord (and such others as Landlord may designate) against loss from physical damage to the Building Shells, and the Landlord's Improvements with coverage of not less than one hundred percent (100%) of insurance the full actual replacement cost thereof and against loss of rents for a period of not less than twelve (12) months. Such fire and property damage insurance, at Landlord's election but without any requirements on Landlord's behalf to do so, (i) may be written in “so-called "all risk” form with a sprinkler " form, excluding only those perils commonly excluded from such coverage by Landlord's then property damage endorsement insuring insurer; and (ii) may be endorsed to cover loss or damage caused by any additional perils against which Landlord may elect to insure, including earthquake and/or flood. Landlord shall not be required to cause such insurance to cover any of the replacement value of all Landlord’s and Removable Tenant Improvements or Tenant’s 's personal property, inventory, and trade fixtures, and leasehold or any modifications, alterations or improvements made or constructed by Tenant to or within the Premises Leased Premises. Landlord shall use commercially reasonable efforts to obtain such insurance at competitive rates. In the event Landlord elects to carry earthquake insurance or is required to carry earthquake insurance by any Lender, Landlord shall notify Tenant of the rates and the deductibles obtained by Landlord for the full replacement value thereofsuch insurance. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Within ten (10) days thereafter, Tenant shall also maintain policy(ieshave the right to propose lower cost insurance, which Landlord may elect to take in its reasonable discretion; provided, however, that in no event shall Landlord be required to take any earthquake insurance that does not comply with the requirements (including any maximum deductible) of workmen’s compensation any Lender. Landlord shall maintain commercial general liability insurance insuring Landlord (and such others as are designated by Landlord) against liability for personal injury, bodily injury, death, and damage to property occurring in, on or about, or resulting from the use or occupancy of the Property, or any other employee benefits sufficient portion thereof, with combined single limit coverage of at least Five Million Dollars ($5,000,000). Landlord may carry such greater coverage as Landlord or Landlord's Lender, insurance broker, advisor or counsel may from time to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, time determine is reasonably necessary for the maintenance adequate protection of reasonable fire Landlord and public liability insurancethe Property. Landlord may maintain any other insurance which in the opinion of its insurance broker, advisor or legal counsel is prudent in carry under the given circumstances, provided such insurance is commonly carried by owners of property similarly situated and operating under similar circumstances.
Appears in 1 contract
Samples: Lease Agreement (Cell Genesys Inc)
Tenant’s Insurance. Tenant agreesshall, at Tenant’s 's expense, to secure obtain and keep in force during the term of this Lease a policy of comprehensive Lease:
(a) Commercial general liability insurance insurance, including property damage, against liability for bodily injury, personal injury, death, and damage to property occurring on the Premises with combined single limit coverage of at least Two Million Dollars ($2,000,000) per occurrence and a general aggregate combined single limit of bodily injury (including death) and property damage occurring inliability of at least Five Million Dollars ($5,000,000); that policy shall include contractual liability, insuring Tenant's performance of indemnification obligations contained in this Lease; and
(b) Fire and all risk property damage insurance, insuring any Alterations and all of Tenant's equipment and Trade Fixtures located on or about the PremisesPremises for full replacement cost.
(c) Where applicable, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount each policy of $2,000,000 combined single limit. Such insurance shall required to be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(iesTenant pursuant to this Section: (i) shall name Landlord and any other parties in interest that Landlord reasonably designates as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including insureds; (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(iesii) shall be issued by an primary insurance company licensed that provides that the insurer shall be liable for the full amount of the loss without the right of contribution from any other insurance coverage of Landlord; (iii) shall be in a form satisfactory to transact business in the State of California and rated no less than A12 by Best’s, and Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord; (v) shall provide that such insurance the policy shall not be canceled subject to cancellation, lapse, or materially amendedchange, except upon ten after at least thirty (1030) days days' prior written notice to Landlord; (vi) shall not have a deductible in excess of any amount reasonably approved by Landlord; (vii) shall contain a cross liability endorsement; and (viii) shall contain a severability clause.
(d) If Tenant has in full force a blanket policy of liability insurance with the same coverage for the Premises as described in this Section, that blanket insurance shall satisfy the requirements of this Section, provided that the blanket policy specifically states the address of the Premises as being covered with at least the policy amounts specified herein for that location. A copy of each policy evidencing the insurance required to be carried by Tenant shall at all times deposit and maintain pursuant to this Section or a current copy or detailed certificate of said policy(ies) with Landlord. the insurer, certifying that the policy has been issued, which provides the coverage required by this Section and which contains the specified provisions, shall be delivered to Landlord prior to the time Tenant shall at Tenant’s cost maintain policy(ies) takes possession of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for and upon renewal of those policies, not less than thirty (30) days prior to the full replacement value thereof. The proceeds from any expiration of such policies shall be used for the repair or replacement term of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancecoverage.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Western Multiplex Corp)
Tenant’s Insurance. Tenant agrees(a) Tenant, at Tenant’s its expense, to secure shall obtain and keep maintain in full force during and effect the term of this Lease a policy of comprehensive general following insurance policies throughout the Term:
(i) Commercial General Liability (CGL) Insurance on an occurrence basis covering liability insurance for arising from premises operations, independent contractors, product-completed operations, personal injury (including death) and injury, advertising injury, bodily injury, death and/or property damage occurring inin or about the Building, under which Tenant is insured and Landlord, Landlord’s Agent and any Lessors and any Mortgagees whose names have been furnished to Tenant are named as additional insureds (the “Insured Parties”). Such insurance shall provide primary coverage without contribution from any other insurance or self-insurance carried by or for the benefit of the Insured Parties, and such insurance shall include blanket broad-form contractual liability coverage. The minimum limits of liability applying exclusively to the Premises shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million and No/100 Dollars ($5,000,000.00). If CGL contains a general aggregate limit, it shall apply separately to this location. Landlord shall retain the right to require Tenant to increase such coverage one (1) time during the Option Term to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by landlords for tenants comparable to Tenant in similar office space in Comparable Buildings. The deductible or self insured retention for such policy shall not exceed Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00), without the prior written consent of Landlord;
(ii) All-Risk Commercial Property Insurance insuring Tenant’s Property (as defined in Exhibit B) and the Above Building Standard Installations (as defined in Exhibit B), for the full replacement cost thereof, having a deductible amount, if any, not in excess of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) without the prior written consent of Landlord. Tenant shall also carry earthquake sprinkler leakage coverage insuring Tenant’s Property and the Above Building Standard Installations with a limit as close to the full replacement cost of such property covered as is reasonably available, provided that any such coverage is commercially available on reasonable terms. The Insured Parties shall be included as loss payee(s) with respect to the Above Building Standard Installations;
(iii) Builder’s Risk during the performance of any Alteration, until completion thereof, on an “All Risk” basis, including a permission to complete and occupy and flood, including resulting water damage, endorsements, for full replacement cost covering the interest of Landlord and Tenant (and their respective contractors and subcontractors) in all work incorporated in the Building and all materials and equipment in or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, or evidence of such coverage under the property insurance policies set forth in the minimum amount of $2,000,000 combined single limit(ii) above. Such insurance The Insured Parties shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord named as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.insureds;
Appears in 1 contract
Tenant’s Insurance. Tenant agrees(a) Tenant, at its expense, shall maintain at all times during the Term Commercial General Liability insurance, including a contractual liability endorsement and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord, the Property Manager, Ground Lessor, Superior Mortgagee and any other holder of a Superior Instrument to the extent such entity’s name and address shall previously have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000.00 per occurrence for bodily injury and property damage. Tenant shall also maintain (i) “all risk” property insurance (including coverage for terrorism to the extent commercially available) covering all present and future Leasehold Improvements and Tenant’s expenseProperty to a limit of not less than the full replacement value thereof, to secure and keep in force during the term of this Lease a policy of comprehensive general liability (ii) business interruption insurance for personal injury a minimum period of 12 months or such greater amount that will reimburse Tenant for direct and indirect loss of earnings and extra expense attributable to all perils insured against in this Section 12.03 or other perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises or the Building as a result of any of such perils, (including deathiii) comprehensive equipment breakdown insurance (without exclusion for explosion), covering all mechanical, electrical and property other equipment belonging to Tenant against physical damage occurring infrom all perils insured against in this Section 12.03, on or about (iv) Workers Compensation insurance in accordance with the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in laws of the minimum amount State of New York and (v) Business Automobile Liability insurance coverage with limits of not less than $2,000,000 combined single limitlimit coverage against bodily injury liability and property damage liability arising out of the use by or on behalf of Tenant, its agents and employees in connection with this Lease, of any motor vehicle owned or leased by Tenant. Such Tenant shall deliver to Landlord and any other additional insured such certificates of insurance, issued by the insurer, in form reasonably satisfactory to Landlord, on or before the Commencement Date (or, if earlier, the date on which Tenant takes possession of any portion of the Premises). The “All Risk” property insurance policies required to be carried by Tenant, and any certificates evidencing such policies, shall provide that the proceeds under such policies in respect of Leasehold Improvements shall be payable to Landlord, Tenant and if required under the Ground Lease, the Ground Lessor, as their interests may appear. Tenant and Landlord shall execute and deliver to the other party, such proofs of loss and other instruments which may be reasonably required to recover any such insurance proceeds. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any other additional insured a certificate thereof issued by the insurer within ten (10) days after the expiration of any existing policy. All such policies shall be issued by licensed companies of recognized responsibility rated by Best’s Insurance Reports or any successor publication of comparable standing at A-/VIII or better or the then equivalent of such rating, and shall contain a provision whereby the same cannot be canceled or modified in a material respect unless the insurer shall endeavor to provide Landlord and any other additional insured at least 30 days prior written notice of such cancellation or modification. The limits of liability required herein may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than those required herein. Tenant’s policies of insurance may be maintained under “blanket policies” insuring the Premises and other property or locations of Tenant; provided, that such blanket policies shall (x) set forth the amount of the insurance applicable to the Premises, (y) otherwise comply with the provisions of this Article 12, and (z) afford the same protection to Landlord and any other additional insured as would be provided by policies individually applicable to the Premises. All insurance policies required to be maintained pursuant to this Section 12.03 shall not contain any exclusions for acts of terrorism or similar events to the extent such coverage is commercially available. In addition to the other requirements set forth in this Lease, the insurance required to be carried by Tenant under this Lease shall be primary insurance for all claims under it and noncontributory with respect to shall provide that any insurance carried by Landlord, the Property Manager, and the holder of any Superior Interest is strictly excess, secondary and non contributing with any insurance carried by Tenant. Such policy(iesTenant may maintain such deductibles under its insurance policies as Tenant may determine, in Tenant’s judgment, to be reasonable under the circumstances, taking into account Tenant’s net worth, the risks to be insured and any other relevant factors, provided that in no event shall any policy of insurance maintained by Tenant pursuant to this Section 12.03 have a deductible greater than $5,000,000.00, Subject to CPI Adjustment on the 10th anniversary of the Commencement Date (except with respect to flood insurance, which shall not have a deductible exceeding the greater of (A) $5,000,000.00, Subject to CPI Adjustment on each anniversary of the Commencement Date and (B) 5% of Tenant’s insurable value of the Leasehold Improvements and Tenant’s Property).
(b) Anything to the contrary contained in this Article 12 notwithstanding, provided that (i) the same is permitted under applicable Legal Requirements, the provisions of all Superior Mortgages and the provisions of the Ground Lease, (ii) the Tenant under this Lease shall be a BNYM Tenant, (iii) Tenant shall have a net worth of not less than Two Billion and 00/100 Dollars ($2,000,000,000) and (iv) Tenant shall maintain appropriate reserves in connection with such self-insurance as part of a regularly maintained insurance and risk management program, Tenant shall have the right to act as a self-insurer with respect to any loss resulting from risks that would have been covered under the commercial general liability insurance required to be maintained by Tenant under this Lease. If any of the conditions in clauses (i) through (iv) above shall no longer be satisfied, then Tenant's right to self-insure under this Section 12.03(b) shall name terminate (and Tenant shall notify Landlord of such failure to satisfy such conditions promptly after Tenant becoming aware thereof and in all events within 30 days), and Tenant shall thereafter comply, promptly and fully, with all other applicable provisions of this Article 12. If Tenant elects to self-insure in accordance with the provisions of this Section 12.03(b), then Tenant shall be liable to Landlord for the full equivalent of unconditional and unqualified insurance coverage that would have been available to Landlord if the applicable insurance policy had been obtained by Tenant from a third- party insurer, in full compliance with the provisions of this Article 12, and shall pay on behalf of or indemnify Landlord against (as appropriate) all amounts that would have been payable by the hypothetical third-party insurer had Landlord been named as an additional insured(s), shall insure insured under any liability of Landlord, contingent or otherwiseinsurance policy involved, with respect no deductible amount applicable to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitationsuch policy. For so long as Tenant is self-insuring under this Section 12.03(b) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal propertyfinancial statements are not publicly available, inventoryTenant, trade fixtures, and leasehold improvements within 120 days after the Premises end of each fiscal year of Tenant shall deliver to Landlord a copy of Tenant's annual financial statements for the full replacement value thereof. The proceeds from any fiscal year then ended, which shall include a balance sheet as of the end of such policies fiscal year, or if such financial statements are not available, such other reasonable evidence of the same (which, unless the same are already in the public domain, Landlord shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.keep confidential except as required by law).
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant agreesenters or occupies the Premises; or (2) the Commencement Date, at Tenant’s expenseand continuing throughout the Term, to secure and keep in force during Tenant shall maintain the term of this Lease a policy of comprehensive following insurance policies: (A) commercial general liability insurance of not less than $5,000,000 per occurrence, with an annual aggregate limit of not less than $5,000,000, insuring Tenant against liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, with an additional insured endorsement naming Landlord, the Property Manager and Invesco in form CG 2026 04/13 (or another equivalent form approved in writing by Landlord); (B) Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $1,000,000 combined single limit for property damage and bodily injury, naming Landlord, the Property Manager and Invesco as additional insureds; (C) Property insurance, which shall include protection against loss or damage from ISO Special Form perils, covering the full value of all Tenant’s Alterations and improvements and betterments in the Premises (excluding coverage for damage to the Building which is Landlord’s responsibility to insure), naming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) Property insurance, which shall include protection against loss or damage covering the full value of all Tenant’s furniture, trade fixtures and personal injury property in the Premises or otherwise placed in the Complex by or on behalf of a Tenant Party (including deathTenant’s Off-Premises Equipment) 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; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy); (F) worker’s compensation insurance in amounts not less than statutorily required, and property damage occurring Employers’ Liability insurance with limits of not less than $1,000,000; (G) business interruption insurance in an amount that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(C) or attributable to the prevention of access to the Building or the Premises; (H) in the event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on a Special Risk basis (including collapse) on a completed value (non-reporting) form if required, or by endorsement including such coverage pursuant to Section 11(a)(C) hereinabove, for full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (I) such other insurance or any changes or endorsements to the insurance required herein, including without limitation Initials /s/ IH Initials /s/ JMJ parkingincreased limits of coverage, walkways arid landscaped areasas Landlord, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to or any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability mortgagee or lessor of Landlord, contingent may reasonably require from time to time. Tenant’s commercial general liability, property, automobile and umbrella/excess liability insurance required herein shall provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or otherwisesimilar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance, with respect an additional insured endorsement in form CG 2026 04/13 (or another equivalent form approved in writing by Landlord), and such other evidence satisfactory to acts Landlord of the maintenance of all insurance coverages required hereunder at least ten (10) days prior to the earlier of the Commencement Date or omissions of Tenant, its agents, employees the date Tenant enters or invitees by any conduct or transactions of any of said persons in, about or concerning occupies the Premises, including and at least five (without limitation5) any failure days prior to each renewal of Tenant to observe or perform any of its obligations hereundersaid insurance, and Tenant shall contain the insurer’s waiver provide written notice to Landlord at least thirty (30) days before cancellation or a material change of subrogation against Landlord, its agents, employees and inviteesany insurance policies required of them herein. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) All such insurance policies shall be in form, and issued by an insurance company licensed companies approved to transact do business in the State of California and rated no less than A12 by with a Best’s’s rating of A-:VII or better, and shall provide that such reasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be canceled or materially amendedobligated to, except upon ten (10) days prior written notice to Landlord. obtain such insurance and Tenant shall at all times deposit pay to Landlord on demand the premium costs thereof. It is expressly understood and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its acts or omissions as provided in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancethis Lease.
Appears in 1 contract
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
(a) Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(i) Commercial general liability insurance insuring Tenant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant’s use or occupancy of the Leased Premises, the Building, the Outside Areas or the Property, or resulting from Tenant’s activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant’s Required Liability Coverage (including deathas set forth in Article 1), which insurance shall contain “blanket contractual liability” and “broad form property damage” endorsements insuring Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in this Lease.
(ii) Fire and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all riskspecial form” form with a sprinkler coverage insuring Tenant against loss from physical damage endorsement insuring the replacement value of all Landlord’s and to Tenant’s personal property, inventory, trade fixtures, fixtures and leasehold improvements within the Leased Premises with coverage for the full actual replacement value cost thereof. The proceeds from any ;
(iii) Business income/extra expense insurance sufficient to pay Base Monthly Rent and Additional Rent for a period of such policies shall be used for not less than twelve (12) months;
(iv) Plate glass insurance, at actual replacement cost;
(v) Boiler and machinery insurance, to limits sufficient to restore the repair or replacement of such items so insured. Tenant shall also maintain policy(iesBuilding;
(vi) of workmen’s [Intentionally deleted];
(vii) Workers’ compensation insurance and any other employee benefits (statutory coverage) with employer’s liability in amounts not less than $1,000,000 insurance sufficient to comply with all laws. ; and
(viii) With respect to making of any alterations or modifications or the construction of improvements or the like undertaken by Tenant, course of construction, commercial general liability, automobile liability and workers’ compensation (to be carried by Tenant’s contractor), in an amount and with coverage reasonably satisfactory to Landlord.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(vii) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord with Best’s ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord, and (vi) shall contain a so-called “severability” or “cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its sole cost partners, principals, members, officers, employees, agents and expensecontractors, comply with which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, officers, employees, agents and all requirements, pertaining contractors.
(c) Prior to said the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to Landlord, with respect to each policy of any insurance organization or companyrequired to be carried by Tenant pursuant to this Article, necessary for the maintenance of reasonable fire and public liability insurance.a copy
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Tenant’s Insurance. Tenant agrees, shall at Tenant’s expense, to secure and keep in force all times during the term Term of this Lease a policy (and any other time Tenant is in occupancy of comprehensive the Premises before or after the Term) carry at its own expense for the protection of Tenant, Landlord, Landlord’s mortgagee (provided Tenant is notified in writing of the identity thereof), Landlord’s ground lessor (provided Tenant is notified in writing of the identity thereof) and Landlord’s management agent, as their interests may appear, one or more policies of general public liability insurance for personal injury (including death) and property damage occurring ininsurance, issued by one or more insurance companies currently rated ”A-VII” or better as defined in the then-current edition of Bests Rating Guide (or the equivalent thereof if Bests Rating Guide is no longer published), and acceptable to Landlord, with the following minimum coverages:
A. Workers’ Compensation covering all costs, statutory benefits and liabilities under State Workers’ Compensation and similar laws for employees of Tenant.
B. Employer’s Liability Insurance with limits of not less than $100,000 per accident or disease and $500,000 aggregate by disease.
C. Commercial General Liability Insurance covering Tenant’s operations at the Building with coverage for premises/operations, products/completed operations, contractual liability, and personal/advertising injury liability with combined single limits, in conjunction an umbrella excess liability policy, of not less than $5,000,000 per occurrence for bodily injury and property damage.
D. All Risk Property Insurance on the Work and all items of personal property or about fixtures located within the PremisesPremises and owned by Tenant, including without limitation Initials /s/ IH Initials /s/ JMJ parkingany personal property leased by Tenant from third parties.
E. Motor Vehicle Liability Insurance with coverage for all owned, walkways arid landscaped areasnon-owned and hired vehicles with Combined Single Limits, in the minimum amount conjunction an umbrella excess liability policy, of not less than $2,000,000 combined single limit3,000,000 per occurrence for bodily injury and property damage. Such insurance shall be primary and noncontributory with respect to any insurance carried The Commercial General Liability Insurance policy or policies provided by Landlord. Such policy(ies) Tenant shall name Landlord as an additional insured(sand its constituent members, Landlord’s Mortgagee, Landlord’s Ground Lessor (if any), shall insure any liability of LandlordSears, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunderXxxxxxx and Co., and shall contain the insurerLandlord’s waiver of subrogation against Landlord, its agents, employees and inviteesmanagement agent as additional insureds. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an All insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, policies and shall provide that such insurance shall they may not be canceled or materially amended, except upon ten changed on less than thirty (1030) days days’ prior written notice to Landlord and Landlord’s Mortgagee. Tenant may carry any or all of the foregoing insurance under a blanket policy of insurance. Tenant shall at furnish Landlord with a copy of all times deposit certificates evidencing such insurance. Should Tenant fail to carry such insurance and/or furnish Landlord with a copy of all such certificates after a written request to do so, Landlord shall have the right to obtain such insurance and maintain a current copy or detailed certificate of said policy(ies) with Landlordcollect the cost thereof from Tenant as Additional Rent hereunder. Tenant shall agrees with Landlord and represents and warrants to Landlord that Tenant will require all contractors and subcontractors hired by Tenant to do work at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for to carry the full replacement value thereofsame Workers’ Compensation and Employer’s Liability Insurance as specified above. The proceeds Tenant agrees to indemnify, defend and hold Landlord harmless from any of loss, injury, damage or liability arising from such policies shall be used for contractors or subcontractors failing to carry the repair required Workers’ Compensation or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmenEmployer’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.Liability Insurance
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Tenant’s Insurance. Tenant agreesshall, at Tenant’s 's sole cost and expense, to secure and keep in force at all times during the term of this Lease Lease, maintain and keep in force a policy or policies of insurance as follows:
17.1 A broad form comprehensive coverage policy of commercial general liability insurance, issued by an insurance company reasonably approved in advance by Landlord, insuring Tenant and Landlord against loss or liability caused by or connected with Tenant's occupation and use of the Premises under this Lease, with combined single limit coverage of not less than Two Million Dollars ($2,000,000) per occurrence for personal bodily injury (including death) and property damage occurring in, on on, or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid parking and landscaped areas.
17.2 A policy or policies insuring Tenant only covering loss or damage to Tenant's fixtures, goods, wares, merchandise, equipment, and Tenant's Alterations in an amount not less than the minimum full replacement value thereof, as well as a policy of business interruption insurance.
17.3 A policy or policies insuring Tenant only of Worker's Compensation Insurance in an amount as is determined by statute.
17.4 A policy of $2,000,000 combined single limitfull coverage plate glass insurance on the Premises.
17.5 A policy of insurance containing full sprinkler leakage endorsements. All insurance required to be carried by Tenant pursuant to this Lease shall be in such form, and issued by such companies as are reasonably satisfactory, at all times during the term of this Lease, to Landlord. Should Tenant at any time fail to procure or maintain the insurance required by this Lease, Landlord may obtain such insurance and pay the premiums on such insurance for the benefit of Tenant. Any amounts paid by Landlord to procure or maintain insurance pursuant to this Section 17 shall be immediately due and payable to Landlord by Tenant as Additional Rent together with interest thereon at ten percent (10%) per annum. Such insurance shall be primary and noncontributory with respect to non-contributory as respects any insurance carried by Landlord. Such policy(ies) The policy or policies required to be maintained by Tenant under Sections 17.1, 17.4 and 17.5 of this Lease above effecting such insurance shall name Landlord as an additional insured(s)insured, and shall insure insure, to the extent reasonably possible, any liability of Landlord, contingent or otherwise, with respect to as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in, in or about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, ; shall be issued by an insurance company admitted to transact business in the State of California; and shall contain provide that the insurer’s waiver insurance effected thereby shall not be canceled, except upon thirty (30) days' prior written notice to Landlord. A certificate of subrogation against insurance of said policy shall be delivered to Landlord, its agents, employees and invitees. Such policy(ies) The policy or policies of insurance carried by Tenant pursuant to the terms of this Lease shall insure performance by Tenant of the indemnity provisions of this Lease. The limits of such insurance required by this Section 1417 shall not limit the liability of Tenant. hereofTenant's liability insurance coverage may be provided by a combination of primary, excess, and umbrella policies, but those policies must be absolutely concurrent in all respects regarding the coverage afforded by the policies. Such policy(ies) shall The coverage of any excess or umbrella policy must be issued at least as broad as the coverage of the primary policy. Landlord makes no representation that the limits of liability specified to be carried by an insurance company licensed Tenant under the terms of this lease are adequate to transact business protect Tenant against Tenant's undertaking under this Section, and in the State of California and rated no less than A12 by Best’sevent Tenant believes that any such insurance coverage called for under this lease is insufficient, and Tenant shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any own expense such additional insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceas Tenant deems adequate.
Appears in 1 contract
Samples: Lease Agreement (Ilog Sa)
Tenant’s Insurance. Tenant agreesshall procure, at Tenant’s expense, to secure and keep in force during and pay for insurance covering all claims and demands for injury to or death of persons or damage to property arising out of or related to Tenant's occupancy of the term of this Lease a policy of comprehensive Premises. Insurance shall not be in amounts less than the following: COMMERCIAL GENERAL LIABILITY $1,000,000 combined single limit per occurrence, Coverage A $1,000,000 personal and advertising injury liability, Coverage B $1,000,000 products/completed operations liability aggregate $ 5,000 medical payments $ 50,000 fire damage legal liability $2,000,000 general aggregate The general liability insurance for personal is to be written on the 2001 Insurance Services Office form or its equivalent. UMBRELLA LIABILITY $5,000,000 each occurrence $5,000,000 aggregate WORKERS' COMPENSATION Coverage A Workers' Compensation –Statutory Coverage B Employer's Liability - $500,000 bodily injury (including death) by accident, each accident $500,000 bodily injury by disease, each employee $500,000 bodily injury by disease, policy aggregate AUTOMOBILE LIABILITY $1,000,000 Combined single limit, each accident applying to all owned, hired and property damage occurring in, on or about nonowned automobiles GLASS COVERAGE Covering interior glass windows in the Premises, if any, in such reasonable amounts as may be established from time to time by Landlord. CONTENTS AND LEASEHOLD IMPROVEMENTS COVERAGE Adequately insuring all property situated in the Building or elsewhere on the Property and belonging to or removable by Tenant. TENANT IMPROVEMENTS COVERAGE Including (i) property insurance on a “Special Form” (formerly “All Risk” form) (including without limitation Initials /s/ IH Initials /s/ JMJ parkingearthquake and flood in reasonable amounts as determined by Landlord) in an amount not less than 100% of the then full replacement cost of Tenant Improvements (as defined in paragraph (a) of Article 13.0, walkways arid landscaped areas“CASUALTY”), (ii) insurance for loss or damage or loss of use (direct or indirect) from steam boilers, pressure vessels or similar apparatus now or hereafter installed in the Building, or elsewhere on the Property, in the minimum amount of $2,000,000 combined single limit5,000,000.00 or in such greater amounts as are then customary for properties similar to the Property and (iii) insurance against abatement or loss of rent in case of loss under this paragraph or other peril similarly insured against in an amount equal to Rent payments to be made by Tenant for eighteen months based on the Rent paid or payable for the most recent complete Lease Year. Such insurance The phrase “replacement cost” shall be primary mean the actual replacement cost of Tenant Improvements, including and noncontributory increased costs of construction endorsement (if available) and the cost of debris removal and the cost of architectural, engineering and other expenses in connection with respect to any insurance repairing and restoring Tenant Improvements. BUSINESS INTERRUPTION COVERAGE Providing such coverage as is customarily carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, responsible and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business prudent life science/bio-technology tenant in the State of California and rated no less than A12 by Best’s, and shall provide that such Boston/Cambridge/Waltham Massachusetts markets. All insurance coverages required pursuant to this Section shall not be canceled less than such higher amounts as may from time to time be customarily carried by responsible and prudent tenants of comparable premises in the Boston/Cambridge/Waltham market area and as may be required by Landlord from time to time. Provided that the Premises are separately scheduled on any such policy or materially amended, except upon ten (10policies and the coverage(s) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at provided fulfills Tenant’s cost maintain policy(ies) obligations to provide insurance as set forth in this Lease, the insurance required pursuant to this Section may be provided by means of a policy or policies of blanket insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair covering additional items or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceadditional locations.
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Tenant’s Insurance. (a) Tenant agreesshall carry, at Tenant’s 's sole expense, insurance against any or all risks of physical loss in an amount adequate to secure and keep in force during cover the term cost of this Lease a policy replacement of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions all of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory's Alterations, trade fixtures, equipment and leasehold improvements within personal property. Tenant acknowledges that Landlord's insurance is not intended to cover Tenant's Alterations, trade fixtures, equipment, and personal property. At Landlord's request, Tenant shall carry boiler and machinery broad form insurance in such reasonable amount as Landlord may require based upon Tenant's use of the Premises. If the Premises for contains any plate glass, Tenant shall carry plate-glass insurance covering all plate glass on the Premises at full replacement value thereofcost. The Any policy proceeds from any of such policies shall be used by Tenant for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 16, in which case any insurance proceeds covering any of Tenant's Alterations, and fixtures, that Tenant is required to leave in the Premises at the expiration or earlier termination of the Lease Term under Article 20 shall be paid to Landlord. At Landlord's sole election, if Tenant fails to carry any or all of the insurance required of it under this Section, Landlord may obtain at Tenant's expense any or all of the insurance described in this Section that Tenant fails to obtain.
(b) Tenant shall carry, at Tenant's sole expense, comprehensive or commercial general liability insurance, fully covering any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Center. Such liability insurance shall include without limitation bodily injury (including wrongful death), property damage, advertising injury, personal injury and contractual liability coverages (including Tenant's indemnification obligations under Article 13), independent contractors, owned, nonowned, and hired vehicle liability and, if alcoholic beverages are served, sold, consumed or obtained in the Premises, liquor-law liability. The initial limit of such items so insuredinsurance shall be at least $2,000,000 combined single liability limit. Such liability insurance limit shall be subject to periodic increase, at Landlord's election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shallalso, at its sole cost and expense, obtain worker's compensation coverage in an amount adequate to comply with law, and employer's liability coverage with a limit of not less than $2,000,000. If Tenant's use of the Premises involves any use, generation, manufacturing, storage or disposal of any Hazardous Materials, or if any of Tenant's activities increases any risk of any liability to Tenant or Landlord under Hazardous Materials Laws, Tenant shall carry such environmental insurance as may be required by Landlord or Landlord's lender. Tenant shall, at Tenant's sole expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant.
(c) Each policy of insurance required to be carried by Tenant hereunder shall (i) name Landlord, Landlord's lender and all requirementsLandlord's property manager (if any) as additional insureds, pertaining (ii) contain cross-liability and contractual liability provisions, (iii) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written notice to said Landlord and Landlord's lender, (iv) be issued by an insurer licensed in California and reasonably approved by Landlord, (v) include without limitation coverage for acts of terrorism, and (vi) be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. The deductible or self-insured retention on any insurance required to be carried by Tenant hereunder shall not exceed, without the prior written consent of Landlord, Five Thousand Dollars ($5,000) per occurrence. Tenant shall be responsible for the payment of the full amount of any deductible or self-insured retention on its insurance. No insurance carried or required to be carried by Tenant, nor the amount or limits thereof, shall limit Tenant's liability nor relieve Tenant of any obligation under this Lease.
(d) Each policy of insurance required to be carried by Tenant hereunder shall be obtained by Tenant and maintained in full force and effect during throughout the Lease Term and any other period of Tenant's actual or constructive possession of the Premises. Prior to the Commencement Date or any earlier taking of possession of any part of the Premises, Tenant shall deliver a certificate evidencing all such insurance to Landlord, together with additional insured endorsements in favor of any Landlord's lender. Tenant shall deliver a renewal or binder of each required policy, together with all required insured endorsements, at least thirty (30) days prior to expiration thereof. Tenant shall permit Landlord at all reasonable times to inspect the policies of insurance organization and required endorsements, and to deliver copies thereof to Landlord within ten (10) days after Landlord's request therefor. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or companyif Tenant obtains insurance with terms, necessary for conditions and/or exclusions that are inconsistent with the maintenance requirements and terms of reasonable fire and public liability insurancethis Lease.
Appears in 1 contract
Samples: Standard Industrial Net Lease (Genetronics Biomedical Corp)
Tenant’s Insurance. Tenant agreesshall maintain throughout the Term, at Tenant’s its expense, the following insurance: (i) Fire and extended coverage insurance, naming Landlord as insured and beneficiary, covering the Premises (hereinafter the "Improvements") against loss or damage by fire, flood, windstorm, hail, earthquake, explosion, riot, damage from aircraft and vehicles, smoke damage, vandalism, malicious mischief and such other risks as are from time to secure time covered under "extended coverage" endorsements and keep special extended coverage endorsements commonly known as "all-risk" endorsements in force during an amount equal to the term full replacement value of the Building (which value is presently determined to be Six Million Dollars of the United States of America [US$6,000,000]) and containing the waiver of subrogation required in this Lease a policy of comprehensive Clause 9 (nine), (ii) commercial general liability insurance on an occurrence basis providing coverage for personal bodily injury (including death) and ), property damage occurring in, on or about and products liability insurance (where such exposure exists) containing a broad form contractual liability endorsement with a combined single limit of at least [One Million Dollars of the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, United States of America (US$1,000,000) per occurrence and Two Million Dollars of the United States of America (US$2,000,000) in the minimum amount of $2,000,000 combined single limitaggregate for all occurrences within any policy year]. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) The foregoing policies shall name Landlord and any party designated by Landlord as an additional insured(sinsured as their respective interests may appear. All insurance shall be placed with reputable companies licensed to do business in accordance with applicable law and reasonably approved by Landlord and shall be written as primary policies with annual deductibles not to exceed Ten Thousand Dollars of the United States of America (US$10,000), and with any other policies shall insure any liability serve as excess coverage. Tenant shall deliver original certificates of Landlordall such policies prior to the Commencement Date and each anniversary date thereafter, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and which shall provide that no cancellation or non- renewal of such insurance policies shall not be canceled or materially amended, except upon ten effective without thirty (1030) days prior written notice from the insurer to Landlord. Tenant Each party shall at all times deposit obtain a waiver of subrogation or consent to a waiver of right of recovery against the other party, and maintain a current copy each hereby agrees that it will not make any claim against or detailed certificate of said policy(ies) with Landlordseek to recover from the other party for any loss or damage covered by its fire and extended coverage insurance. Tenant shall at Tenant’s cost maintain policy(ies) of insurance not do any act or thing in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for or store anything therein except as now or hereafter permitted by any fire department, board of fire underwriters, or insurance rating organization having jurisdiction or other authority having jurisdiction and then only in such quantity and manner of storage as not to increase the full replacement value thereof. The proceeds from any of such policies shall be used for the repair existing rate of, or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shalladversely affect, at its sole cost and expenseor cause a cancellation of, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for policies covering the maintenance of reasonable fire and public liability insurancePremises.
Appears in 1 contract
Tenant’s Insurance. Tenant agreesshall maintain in full force and effect during the Lease Term the following insurance:
9.1.1 Tenant shall maintain a policy or policies of commercial general liability insurance, at including property damage, against liability for personal injury, bodily injury, death, and damage to property occurring in or about, or resulting from an occurrence in or about, the Leased Premises with combined single limit coverage of not less than the amount of Tenant’s expense, to secure and keep Minimum Liability Insurance set forth in force during the term section 1.10 of this Lease a policy of comprehensive Lease. Such commercial general liability insurance for personal injury (including death) shall contain fire damage coverage and a “contractual liability” endorsement insuring Tenant’s performance of Tenant’s obligation to indemnify Landlord contained in section 10.3 of this Lease. If Landlord’s Lender, insurance advisor or counsel reasonably determines at any time that the amount of such coverage is not adequate, Tenant shall increase such coverage to such amount as Landlord’s Lender, insurance advisor or counsel reasonably deem adequate, not to exceed the level of coverage then commonly carried by comparable businesses similarly situated; provided, however, that no such request may be made more than one time during the Term and, if applicable, one time during the Extension Term.
9.1.2 Tenant shall maintain a policy or policies of fire and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixturesTrade Fixtures, and leasehold improvements Leasehold Improvements within the Leased Premises for the full replacement value thereofthereof reasonably determined by Tenant. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. .
9.1.3 Tenant shall also maintain policy(ies) a policy or policies of workmenworker’s compensation insurance and any other employee benefits benefit insurance sufficient to comply with all lawsLaws.
9.1.4 Landlord and such others as it shall reasonably designate with an interest in the Property, shall be named as additional insureds or loss payees, as appropriate, on the policies of insurance described in sections 9.1.1 and 9.1.2 of this Lease, above. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any All insurance organization or company, necessary required by this paragraph:
(i) shall be primary insurance which provides that the insurer shall be liable for the maintenance full amount of reasonable fire the loss up to and public including the total amount of liability insuranceset forth in the declarations without the right of contribution from any other insurance coverage of Landlord;
(ii) shall be in a form reasonably satisfactory to Landlord;
(iii) shall be carried with companies with a rating of no less than A-VIII or better, reasonably acceptable to Landlord;
(iv) shall provide that Tenant’s insurers shall use good faith efforts to provide at least 10 days’ prior written notice to Landlord in the event of cancellation or change; and
(v) shall not have a deductible in excess of ten thousand dollars ($10,000) per occurrence. Certificates of insurance for such policy or policies shall be deposited with Landlord prior to the time Tenant enters into possession of the Leased Premises and upon renewal of such policies, but not less than 10 days prior to the expiration of the term of such coverage.
Appears in 1 contract
Tenant’s Insurance. At its own expense the Tenant agrees, at Tenant’s expense, to secure shall take out and keep thereafter maintain in force at all times during the term Term and at all times when the Tenant is in possession of this Lease a policy the Leased Premises insurance policies as follows:
(a) all risks insurance on Leasehold Improvements and on all other property of comprehensive general liability insurance every description, nature and kind owned by the Tenant or for personal injury (including death) and property damage occurring inwhich the Tenant is legally liable, which is installed, located or situate within or on or about the Leased Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parkinglimitation, walkways arid landscaped areas, all inventory or stock-in-trade in an amount not less than the full replacement cost thereof without deduction for depreciation; such insurance shall be subject to a replacement cost endorsement and shall include a stated amount co-insurance clause and a breach of conditions clause;
(b) commercial general liability insurance to respond to any and all incidents occurring in the Leased Premises in the minimum amount of $2,000,000 combined single limit. Such 5,000,000.00 per occurrence including the following extensions: owners and contractors protective; limited pollution coverage endorsement; products and completed operations; personal injury; occurrence basis property damage; blanket contractual and non-owned automobile liability; such insurance shall be primary include the Landlord and noncontributory the Landlord’s Agent and nominee (if any) as named additional insureds, and shall protect and indemnify the Landlord and the Landlord’s Agent and nominee (if any) in respect of all Claims, including Claims by the Tenant, as if the Landlord and the Landlord’s Agent and nominee (if any) were separately insured; such insurance shall include cross liability and severability of interest clauses;
(c) boiler and machinery or equipment breakdown insurance, including repair or replacement endorsement, in an amount satisfactory to the Landlord and providing coverage with respect to all objects introduced into the Leased Premises by or on behalf of the Tenant or otherwise constituting Leasehold Improvements;
(d) plate glass insurance on all internal and external glass within or fronting the Leased Premises; however, notwithstanding the foregoing, the Tenant may elect to self-insure for the insurance described in this Subsection 9.02(d);
(e) business interruption insurance on the profit form providing all risks coverage with a period of indemnity and subject to a stated amount co-insurance clause;
(f) tenant’s legal liability insurance for the full replacement cost of the Leased Premises, including loss of use thereof; and
(g) any other form of insurance carried in such amounts and against such risks as the Landlord may from time to time reasonably require. The Tenant acknowledges and agrees that it shall be solely responsible for insuring the Leasehold Improvements, its equipment and stock and any other property owned or brought into the Leased Premises by the Tenant whether affixed to the Building or not. The insurance policies referred to in this Section shall be subject to such higher limits as the Tenant, or the Landlord acting reasonably, or any mortgagee of the Landlord’s interest in the Project may require from time to time. The policies of insurance referred to in Subsections 9.02(a), (b), (c), (d), (e), (f) and (g) shall contain a waiver of the insurer’s right of subrogation as against the Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability The Tenant hereby waives its right of recovery against the Landlord, contingent or otherwise, its employees and those for whom the Landlord is in law responsible with respect to acts all Claims required to be insured against by the Tenant hereunder. Any and all deductibles in the Tenant’s insurance policies shall be borne solely by the Tenant and shall not be recovered or omissions attempted to be recovered from the Landlord. In addition, all such policies shall be non-contributing with, and will apply only as primary and not excess to, any insurance proceeds available to the Landlord. The Tenant shall provide to the Landlord at the commencement of Tenantthe Term and at least 30 days prior to the renewal of all insurance referred to in this Section 9.02, its agentsand promptly at any time upon request, employees a certificate of insurance evidencing the insurance coverage maintained by the Tenant in accordance with this Section 9.02. The delivery to the Landlord of a certificate of insurance or invitees any review thereof by any conduct or transactions on behalf of any the Landlord shall not limit the obligation of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe provide and maintain insurance pursuant to this Section 9.02 or perform any of its obligations hereunder, and derogate from the Landlord’s rights if the Tenant shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and inviteesfail to fully insure. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and All policies shall provide that such the insurance shall not be canceled cancelled or materially amended, except upon ten (10) days changed to the prejudice of the Landlord without at least 30 days’ prior written notice given by the insurer to the Landlord. All policies of insurance shall be placed with a company licensed to sell commercial insurance in Canada. The Tenant acknowledges and agrees that, if it fails to obtain and maintain in force any of the insurance policies set out in this Section 9.02, then the Tenant shall at all times deposit indemnify and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance hold harmless the Landlord in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, respect of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancelosses arising therefrom.
Appears in 1 contract
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
(a) Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(i) Commercial general liability insurance insuring Tenant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant’s use or occupancy of the Leased Premises, the Building, the Outside Areas or the Property, or resulting from Tenant’s activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant’s Required Liability Coverage (including deathas set forth in Article 1).
(ii) Fire and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all riskspecial form” form with a sprinkler coverage insuring Tenant against loss from physical damage endorsement insuring the replacement value of all Landlord’s and to Tenant’s personal property, inventory, trade fixtures, fixtures and leasehold improvements within the Leased Premises with coverage for the full actual replacement value cost thereof. The proceeds from any ;
(iii) Business income/extra expense insurance at limits deemed sufficient by Tenant;
(iv) Reserved; 110015197v.8
(v) Boiler and machinery insurance, to limits sufficient to restore Tenant’s personal property, inventory, trade fixtures and improvements within the Leased Premises;
(vi) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of such policies shall be used the distribution, sale, use or consumption of food and/or beverages (including alcoholic beverages, if applicable) at the Leased Premises for the repair or replacement of such items so insured. Tenant shall also maintain policy(iesnot less than Tenant’s Required Liability Coverage (as set forth in Article 1);
(vii) of workmen’s Workers’ compensation insurance and any other employee benefits (statutory coverage) with employer’s liability in amounts not less than $1,000,000 insurance sufficient to comply with all laws. ; and
(viii) With respect to making of any alterations or modifications or the construction of improvements or the like undertaken by Tenant, course of construction, commercial general liability, automobile liability and workers’ compensation (to be carried by Tenant’s contractor), in an amount and with coverage reasonably satisfactory to Landlord.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph with respect to the Leased Premises or the Property: (i) shall name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall, with respect to insurance required by subparagraph (a)(ii) above, name Landlord, and such others as are designated by Landlord, as loss payees; (iii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iv) shall be in a form satisfactory to Landlord; (v) shall be carried with companies reasonably acceptable to Landlord with Best’s ratings of at least A and XI; (vi) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Tenant, and Tenant shall promptly notify Landlord of cancellation or lapse, and (vii) shall contain a so-called “severability” or “cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Tenant and Tenant shall promptly notify Landlord of cancellation or lapse and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, managers, officers, employees, agents and contractors, which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, managers, officers, and employees.
(c) Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a certificate of the insurance certifying in form satisfactory to Landlord that a policy has been issued, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with on or prior to the expiration or cancellation of the policies being renewed or replaced. If Landlord’s Lender reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1(a) for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, then Tenant shall increase the amount of coverage for such insurance to such greater amount as Landlord’s Lender reasonably deems adequate. In the event Tenant does not maintain said insurance, Landlord may, in its sole discretion and without waiving any other remedies hereunder, procure said insurance and Tenant shall pay to Landlord as additional rent the cost and expense, comply with any and all requirements, pertaining to of said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.
Appears in 1 contract
Samples: Lease Agreement (Personalis, Inc.)
Tenant’s Insurance. (a) All insurance required to be carried by Tenant agreeshereunder 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 TenantLandlord’s expenserequest, to secure any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall contain (1) a cross-liability endorsement, (2) a provision that such policy and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance coverage evidenced thereby shall be primary and noncontributory noncontributing with respect to any insurance policies carried by Landlord. Such policy(iesLandlord and that any coverage carried by Landlord shall be excess insurance, and (3) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees a waiver by any conduct or transactions the insurer of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver right of subrogation against Landlord, its agents, employees and inviteesrepresentatives, which arises or might arise by reason of any payments under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. Such policy(iesA copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall insure performance 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 therefor. 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 evidence of renewal of any such policy (together with evidence of the indemnity payment of the premium for such renewal), at least ten ( I 0) days prior to the expiration thereof. Tenant agrees that if Xxxxxx does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant’s behalf and charge the Tenant the premiums incurred therefor, together with a 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 Xxxxxx as required by this Lease.
(b) Beginning on the date Tenant is given access to the Premises for any purpose and continuing until expiration or termination of the Term, Tenant shall procure, pay for and maintain in effect policies of casualty insurance covering (1) all Leasehold Improvements (including any alterations, additions or improvements as may be made by Tenant pursuant to the provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s12 above), and shall provide that such insurance shall not be canceled or materially amended, except upon ten (102) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, merchandise and leasehold improvements other personal property from time to time in, or about the Premises, in an 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 Premises for the full replacement value thereofclassification “Fire and Extended Coverage’’ together with insurance against sprinkler damage, vandalism and malicious mischief. The proceeds from any of such policies insurance shall be used for the repair or replacement of such items the property so insured. Upon termination of this lease following a casualty as set forth herein, the proceeds under (1) shall be paid to Landlord, and the proceeds under (2) above shall be paid to Tenant.
(c) Beginning on the date Tenant is given access to the Premises for any purpose and continuing until expiration or termination of the Term, Tenant shall 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 operations of Tenant in, on or about the Premises, providing personal injury and broad form property damage con to the following limits: General Liability: One Million and No/100 Dollars ($1,000,000.00) per occurrence, Two Million and No/100 Dollars ($2,000,000.00) per General Aggregate, and One Million and No/100 Dollars ($1,000,000.00) combined single limit for bodily injury, death and property damage liability. Tenant shall also maintain policy(iesa Two Million and No/100 Dollars ($2,000,000.00) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all lawsLiability Umbrella. Tenant shallLandlord reserves the right, at its sole cost discretion, to modify the types and expenselimits of Tenant’s insurance requirements.
(d) Not less than every three (3) years during the Term, comply with any Landlord and Tenant shall mutually agree to increases in all requirements, pertaining of Tenant’s insurance policy limits for all insurance to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancebe carried by Tenant as set forth in this Section 21.
Appears in 1 contract
Samples: Office Building Lease (Cardio Diagnostics Holdings, Inc.)
Tenant’s Insurance. Tenant agrees, at (a) Tenant’s expense, to secure and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply shall, at all times, commencing with the date upon which the Leased Premises shall be made available for Tenant’s Work, procure, pay for and keep in full force and effect: (i) a commercial general liability policy (ISO form or equivalent which shall have no exclusions or limitations that differ from ISO), including insurance against assumed or contractual liability under this Lease with respect to the Leased Premises and the operations of Tenant and any subtenants of Tenant in, on or about the Leased Premises in which the limits with respect to bodily injury, personal liability, advertising injury and property damage shall be not less than Two Million and 00/100ths Dollars ($2,000,000.00) per occurrence (an excess liability policy may be used to increase the general liability limit); (ii) special form (“all risk”) property insurance, including business interruption and theft and, if applicable, boiler and machinery coverage (or equipment breakdown), written at replacement cost value in an adequate amount to avoid coinsurance and a replacement cost endorsement insuring Tenant’s merchandise, trade fixtures, furnishings, equipment and all items of personal property of Tenant and including property of Tenant’s customers located on or in the Leased Premises; (iii) workers’ compensation coverage in accordance with State statutory limits and employers liability insurance of not less than One Million and 00/100ths Dollars ($1,000,000.00) per accident; (iv) with respect to alterations, improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builder’s risk insurance, in amounts satisfactory to Landlord; (v) product liability coverage, including, without limitation, liquor liability coverage (if applicable to Tenant’s business) and coverage for liability arising out of the consumption of food and/or alcoholic beverages on or obtained at the Leased Premises, of not less than Two Million and 00/100ths Dollars ($2,000,000.00) per occurrence for personal injury and death and property damage; (vi) the insurance required under Exhibit B; and (vii) such insurance as may from time to time be required by city, county, state or federal laws, codes, regulations or authorities, together with such other insurance as is reasonably necessary or appropriate under the circumstances. The minimum limits of coverage as set forth in this paragraph may from time to time, at Landlord’s option, be increased by not more than ten percent (10%) per annum, on a cumulative basis, with such increase to occur not more often than once during each Lease Year during the term hereof. The deductibles under any of such insurance policies to be carried by Tenant shall not exceed Fifty Thousand and 00/100ths Dollars ($50,000.00). Tenant may not use a self insurance or a self insured retention without Xxxxxxxx’s written approval.
(b) All policies of insurance required to be carried by Tenant pursuant to this Section 11.01 shall be written by responsible insurance companies authorized to do business in the State and acceptable to Landlord. Any such insurance required of Tenant hereunder may be furnished by Tenant under any blanket policy carried by it or under a separate policy therefor; provided, however, that: (1) any such blanket policy carried with respect to the insurance required under subparagraphs (i), (iv), (v), (vi) and (vii) of Section 11.01(a) shall contain a “per location” endorsement assuring that any aggregate limit under such blanket policy shall apply separately to the Leased Premises and that Tenant shall provide written notice to Landlord if the available portion of such aggregate is reduced to less than the minimum amounts required under Section 11.01(a) by either payment of claims or the establishment of reserves for claims (whereupon Tenant shall be obligated to take immediate steps to increase the amount of its insurance coverage in order to satisfy the minimum requirements set forth above), and (2) any such blanket policy carried with respect to the property insurance required under subparagraph (ii) of Section 11.01(a) shall contain an “agreed value” endorsement with respect to all of the items of property identified in such subparagraph. A copy of each paid-up policy evidencing such insurance (appropriately authenticated by the insurer) or a certificate of the insurer, certifying that such policy has been issued, providing the coverage required by this Section and containing provisions specified herein, shall be delivered to Landlord prior to the commencement of the term of this Lease and, upon renewals, not less than thirty (30) days prior to the expiration of such coverage. Landlord may, at any time, and from time to time, inspect and/or copy any and all requirementsinsurance policies required to be procured by Tenant hereunder.
(c) Each policy evidencing insurance required to be carried by Tenant pursuant to this Section 11.01 shall provide coverage on an occurrence basis (and not on a “claims-made” basis) and shall contain the following provisions and/or clauses: (i) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord, pertaining and that any coverage carried by Landlord shall be excess insurance; (ii) a provision including Landlord, the beneficial ownership entity of the Shopping Center (if any), the managing agent of the Shopping Center and any other parties in interest designated by Landlord or such beneficial ownership entity (if any), as additional insureds (except with respect to said workers’ compensation insurance); (iii) a waiver by the insurer of any right of subrogation against Landlord, the underlying lessor, if any, and their respective agents, employees and representatives which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives; (iv) a separation of insureds clause; (v) a provision that the insurer will not cancel, materially change or fail to renew the coverage provided by such policy without first giving Landlord and the underlying lessor, if any, thirty (30) days’ prior written notice; and (vi) a provision (to the extent available) that no act or omission of Landlord shall affect or limit the obligation of the insurer to pay the amount of any loss sustained.
(d) In the event that Tenant fails to procure, maintain and/or pay for, at the times and for the durations specified in this Section 11.01, any insurance required by this Section, or fails to carry insurance required by law or governmental regulation, Landlord may (but without obligation to do so) at any time or from time to time, and without notice, procure such insurance and pay the premiums therefor, in which event Tenant shall repay to Landlord all sums so paid by Landlord together with interest thereon as provided elsewhere herein and any costs or expenses incurred by Landlord in connection therewith, within ten (10) days following Landlord’s written demand to Tenant for such payment. S15 COMMON AREA CHARGE
(e) Tenant shall not carry any stock of goods or do anything in or about the Leased Premises which will in any way tend to increase the insurance rates on the Shopping Center, the regional retail development, the Leased Premises and/or the building of which they are a part and/or the contents thereof. If Tenant installs any electrical equipment that overloads the lines in the Leased Premises, Tenant shall at its own expense make whatever changes are necessary to comply with the requirements of any Landlord’s insurance organization or company, necessary for the maintenance of reasonable fire underwriters and public liability insurancegovernmental authorities having jurisdiction.
Appears in 1 contract
Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.)
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
(a) Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(i) Commercial general liability insurance insuring Tenant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant’s use or occupancy of the Leased Premises, the Building, the Outside Areas or the Property, or resulting from Tenant’s activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant’s Required Liability Coverage (including deathas set forth in Article 1), which insurance shall contain “blanket contractual liability” and “broad form property damage” endorsements insuring Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in this Lease.
(ii) Fire and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all riskspecial form” form with a sprinkler coverage insuring Tenant against loss from physical damage endorsement insuring the replacement value of all Landlord’s and to Tenant’s personal property, inventory, trade fixtures, fixtures and leasehold improvements within the Leased Premises with coverage for the full actual replacement value cost thereof. The proceeds from any ;
(iii) Business income/extra expense insurance sufficient to pay Base Monthly Rent and Additional Rent for a period of such policies shall be used for not less than twelve (12) months;
(iv) Plate glass insurance, at actual replacement cost;
(v) Boiler and machinery insurance, to limits sufficient to restore the repair or replacement of such items so insured. Tenant shall also maintain policy(iesBuilding;
(vi) of workmen’s Workers’ compensation insurance and any other employee benefits (statutory coverage) with employer’s liability in amounts not less than $1,000,000 insurance sufficient to comply with all laws. ; and
(vii) With respect to making of any alterations or modifications or the construction of improvements or the like undertaken by Tenant, course of construction, commercial general liability, automobile liability and workers’ compensation (to be carried by Tenant’s contractor), in an amount and with coverage reasonably satisfactory to Landlord.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraphs (a)(ii) and (a)(viii) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form reasonably satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord with Best’s ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord, and (vi) shall contain a so-called “severability” or “cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its sole cost partners, principals, members, officers, employees, agents and expensecontractors, comply which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, officers, employees, agents and contractors.
(c) Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than thirty days prior to the expiration or cancellation of the policies being renewed or replaced. Landlord may, at any time and from time to time, inspect and/or copy any and all requirements, pertaining insurance policies required to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancebe carried by Tenant pursuant to this Article.
Appears in 1 contract
Tenant’s Insurance. a. All insurance required to be carried by Tenant agrees, at Tenant’s expense, hereunder shall be issued by responsible insurance companies acceptable to secure Landlord and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) Landlords lender and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, qualified to do business in the minimum amount State. Each policy shall name Landlord, and at Landlords request any mortgagee of $2,000,000 combined single limitLandlord, as an additional insured, as their respective interests may appear. Such insurance Each policy shall contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributory non-contributing with respect to any insurance policies carried by Landlord. Such policy(iesLandlord and that any coverage carried by Landlord shall be excess insurance, and (iii) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees a waiver by any conduct or transactions the insurer of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver right of subrogation against Landlord, its agents, employees and inviteesrepresentatives, 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. Such policy(iesA copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall insure performance 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 therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant of the indemnity provisions of Section 14hereunder. hereof. Such policy(ies) No such policy shall be issued by an insurance company licensed cancelable except after twenty (20) days written notice to transact business in the State Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or binders of California and rated no less than A12 by Best’s, and shall provide that any such insurance shall not be canceled or materially amended, except upon policy at least ten (10) days prior written notice to Landlordthe expiration thereof. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall at all times deposit 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.
b. 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 a current copy in effect policies of casualty insurance covering (i) all Leasehold Improvements (including any alterations, additions or detailed certificate improvements as may be made by Tenant pursuant to the provisions of said policy(iesArticle 12 hereof), and (ii) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, merchandise and leasehold improvements other personal property from time to time in, on or about the Premises, in an 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 Premises for the full replacement value thereofclassification "Fire and Extended Coverage" together with insurance against sprinkler damage, vandalism and malicious mischief. The proceeds from any of such policies insurance shall be used for the repair or replacement of such items 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 on the date Tenant is given access to the Premises for any purpose and continuing until expiration of the Term, Tenant shall also procure, pay for and maintain policy(ies) of workmen’s in effect workers' compensation insurance as required by law and any other employee benefits sufficient comprehensive public liability and property damage insurance with respect to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said the construction of improvements on the Premises, the use, operation or condition of any the Premises and the operations of Tenant in, on or about the Premises, providing personal injury and broad form 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.
d. Not less than every three (3) years during the Term, Landlord and Tenant shall mutually agree to increases in all of Tenant's insurance organization or companypolicy limits for all insurance to be carried by Tenant as set forth in this Article. In the event Landlord and Tenant cannot mutually agree upon the amounts of said increases, necessary then Tenant agrees that all insurance policy ;limits as set forth in this Article shall be adjusted for increases in the cost of living in the same manner as is set forth in Section 5 hereof for the maintenance adjustment of reasonable fire and public liability insurancethe Base Rent.
Appears in 1 contract
Samples: Office Lease (Valuestar Corp)
Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant agreesenters or occupies the Premises, at Tenant’s expenseor (2) the Commencement Date, to secure and keep in force during continuing throughout the term of this Lease a policy of comprehensive Term, Tenant shall maintain the following insurance policies: (A) commercial general liability insurance in amounts of $2,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's property management company and Landlord's asset management company against all liability for personal injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (including deathwithout implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant's Off-Premises Equipment, (B) insurance covering the full value of all alterations and property damage occurring in, on or about improvements and betterments in the Premises, naming Landlord and Landlord's Mortgagee as additional loss payees as their interests may appear, (C) insurance covering the full value of all furniture, trade fixtures and personal property (including without limitation Initials /s/ IH Initials /s/ JMJ parkingproperty of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant's Off-Premises Equipment), walkways arid landscaped areas(D) contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (E) worker's compensation insurance, and (F) business interruption insurance. Tenant's insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be excess over Tenant's policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies. All such insurance policies shall be in form, and issued by companies with an A.M. Best rating of A or better, reasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect addition to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent other remedy available pursuant to this Lease or otherwise, with respect to acts or omissions of Tenantmay, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance but shall not be canceled or materially amendedobligated to, except upon ten (10) days prior written notice to Landlord. obtain such insurance and Tenant shall at all times deposit and maintain a current copy or detailed certificate pay to Landlord on demand the premium costs thereof, plus an administrative fee of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any 15% of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancecost.
Appears in 1 contract
Samples: Lease Agreement (Cardionet Inc)
Tenant’s Insurance. Tenant agrees, shall maintain at Tenant’s expense, to secure and keep in force all times during the term of this Lease a policy Lease, at Tenant's expense:
(a) CASUALTY INSURANCE; including extended coverage, vandalism, and malicious mischief, and demolition and debris removal, insuring for an amount not less than 80% of comprehensive general liability insurance for personal injury (including death) the current replacement cost of all Tenant improvements, alterations or additions made to the Leased Premises by Tenant, and property damage occurring inTenant's trade fixtures, on inventory, furniture and equipment owned, controlled or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in use by Tenant and situated in the minimum Leased Premises. Landlord shall have no interest in the insurance upon Tenant's equipment and trade fixtures other than as a lien holder pursuant to Paragraph 21 with respect to such equipment and trade fixtures. Landlord will not carry insurance insuring Tenant's property unless it elects to do so pursuant to Paragraph 14(1) below.
(b) COMMERCIAL GENERAL LIABILITY INSURANCE including Bodily Injury and Property Damage Liability and Person & Advertising Injury Liability on an occurrence basis with respect to Tenant's business and occupancy of the Leased Premises for any one occurrence or claim of not less than $2,000,000. with N/A Products Aggregate and $5,000,000 General Aggregate, or such greater amount of $2,000,000 combined single limitas Landlord may reasonably require in writing from time to time. Such insurance shall be primary contain a provision including coverage for all liabilities assumed by Tenant under this Lease and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s)insured.
(c) WORKER'S COMPENSATION INSURANCE for all Tenant employees working in the Leased Premises in an amount sufficient to comply with applicable laws or regulations. The policy shall include Employer's Liability with minimum limits of Sl00.000 per accident, shall insure any liability of Landlord$100,000 per employee, contingent or otherwise, with respect $500.000 policy limit.
(d) INSURANCE against such other perils and in such amounts as Landlord may from time to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and inviteestime reasonably require in writing. Such policy(ies) request shall insure performance be made on the basis that the insurance coverage requested is customary at the time for prudent tenants. All policies of insurance required to be maintained by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ieshereunder shall (i) shall be in a form acceptable to Landlord: (ii) be issued by an insurance company insurer licensed to transact do business in the State of California state in which the Building is situated and rated no less than A12 by Best’s, and which insurer shall provide that such insurance shall not otherwise be canceled or materially amended, except upon ten reasonably acceptable to Landlord: (10iii) require at least thirty (30) days prior written notice to Landlord. Tenant shall at all times deposit Landlord before termination or material alteration: and maintain a current copy or detailed certificate of said policy(ies(iv) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal propertyrespect to insurance, inventoryrequired under Subparagraphs (a), trade fixtures(h), and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so (e), name Landlord and Landlord's Mortgagee as an "additional insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws". Tenant shall, at its sole cost upon the commencement of the Term of this Lease and expensethereafter within thirty (30) days prior to the expiration of each such policy, comply with any promptly deliver to Landlord certified copies or other evidence of such policies and evidence satisfactory to Landlord that all requirements, pertaining to said Premises, of any insurance organization or company, necessary for premiums have been paid and the maintenance of reasonable fire and public liability insurancepolicies are in effect.
Appears in 1 contract
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
A. Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(1) Comprehensive general liability insurance insuring Tenant against liability for personal injury injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant’s use or occupancy of the Leased Premises or the Common Areas, or resulting from Tenant’s activities in or about the Leased Premises, with combined single limit coverage of not less than the amount of Tenant’s Required Liability Coverage (including deathas set forth in Article I), which insurance shall contain a “broad form liability” endorsement insuring Tenant’s performance of Tenant’s obligation in indemnifying Landlord as contained in Article 8.2.
(2) Fire and property damage occurring in, on insurance or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary “fire and noncontributory with respect extended coverage” insuring Tenant against loss from physical damage to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, fixtures and leasehold improvements within the Leased Premises with coverage for the full actual replacement value cost thereof. The proceeds from any ;
(3) Plate-glass insurance, at actual replacement cost;
(4) Pressure vessel insurance, if applicable;
(5) Product Liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of such policies shall be used the distribution, sale or consumption of food and/or beverages [including alcoholic beverages, if applicable] at the Leased Premises) for the repair or replacement of such items so insured. Tenant shall also maintain policy(iesnot less than Tenant’s Required Liability Coverage (as set forth in Article 1);
(6) of workmenWorker’s compensation insurance and any other employee benefits benefit insurance sufficient to comply with all laws. Laws; and
(7) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, contingent liability and builder’s risk insurance, in an amount and with coverage satisfactory to Landlord.
B. Each policy of liability insurance required to be carried by Tenant pursuant to this Paragraph or actually carried by Tenant with respect to the Leased Premises (i) shall, except with respect to insurance required by Subparagraph A(6) above, name Landlord, and such others as are designated by Landlord, as additional insured; (ii) shall be primary insurance providing that the insurer shall be liable for the full amounts of the loss, up to and including the total amount of liability set forth in the declaration of coverage, with the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord; and (vi) shall contain a so-called “severability” or “cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its sole cost principals, employees, agents and expensecontractors, comply which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its principals, employees, agents or contractors.
C. Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to the Article, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than thirty days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may, at any time and from time to time, inspect and/or copy any and all requirementsinsurance policies required to be carried by Tenant pursuant to this Article. If Landlord’s Lender, pertaining insurance broker or advisor or counsel reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1A for any policy of insurance Tenant is required to said Premisescarry pursuant to this Article is not adequate, then Tenant shall increase the amount of any coverage for such insurance organization to such greater amount as Landlord’s Lender, insurance broker or companyadvisor or counsel reasonably deems adequate; provided, necessary however, such increased level of coverage may not exceed the level of coverage for the maintenance of reasonable fire such insurance commonly carried by comparable business similarly situated and public liability insuranceoperating under similar circumstances.
Appears in 1 contract
Tenant’s Insurance. (a) Tenant agreesshall, at Tenant’s expense, to secure and keep in force during the term hereof and any other period of this Lease a policy occupancy, at its sole cost and expense, keep in full force and effect the following insurance:
(i) Standard form property insurance insuring against the pents of comprehensive general liability insurance for personal injury fire; extended coverage, vandalism, malicious mischief, special extended coverage (including death"All-Risk") and sprinkler leakage. This insurance policy shall be upon all property damage occurring inowned by Tenant, on for which Tenant is legally liable or about that was installed at Tenant's expense, and which is located in the PremisesBuilding including, including without limitation Initials /s/ IH Initials /s/ JMJ parkinglimitation, walkways arid landscaped areasfurniture, fittings, installations, fixtures (other than Tenant improvements installed by Landlord), and any other personal property, in an amount not less than ninety percent of the minimum full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, the decision of $2,000,000 combined single limitLandlord or any mortgagees of Landlord shall be conclusive. This insurance policy shall also be upon direct or indirect loss of Tenant's earnings attributable to Tenant's inability to use fully or obtain access to the Premises or Building in an amount as will properly reimburse Tenant. Such policy shall name Landlord and any mortgagees of Landlord as insured parties, as their respective interests may appear.
(ii) Comprehensive General Liability insurance insuring Tenant against any liability arising out of the lease, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be primary in the amount of $1,000,000 Combined Single Limit for injury to, or death of one or more persons in an occurrence, and noncontributory for damage to tangible property (including loss of use) in an occurrence, with respect such liability amount to any insurance carried by Landlordbe adjusted from year to year to reflect increases in the Consumer Price Index. Such policy(iesThe policy shall insure the hazards of premises and operations, independent contractors, contractual liability (covering the indemnity contained in Paragraph 20 hereof) and shall (1) name Landlord as an additional insured(s)insured, shall insure any (2) contain a cross liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunderprovision, and (3) contain a provision that the insurance provided the Landlord hereunder shall contain be primary and non-contributing with any other insurance available to the insurer’s waiver Landlord.
(iii) Workmen's Compensation and Employer's Liability insurance (as required by State Law).
(iv) Any other form or forms of subrogation insurance as Tenant or Landlord or any mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against Landlordwhich a prudent tenant would protect itself.
(b) All policies shall be written in a form satisfactory to Landlord and shall be taken out with insurance companies holding a General Policyholders Rating of "A" and a Financial Rating of "X" or better, its agentsas set forth in the most current issue of Best Insurance Guide. Within ten days after the execution of this Lease, employees and invitees. Such policy(ies) Tenant shall insure performance by Tenant deliver to Landlord copies of policies or certificates evidencing the existence of the indemnity provisions amounts and forms of Section 14coverage satisfactory to Landlord. hereof. Such policy(ies) No such policy shall be issued by an insurance company licensed to transact business cancellable and deducible in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, coverage except upon ten (10) after thirty days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring shall, within ten days prior to the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any expiration of such policies shall be used for the repair policies, furnish Landlord with renewals or replacement of "binders" thereof, or Landlord may order such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and charge the cost thereof to Tenant as additional rent. If Landlord obtains any other employee benefits sufficient insurance that is the responsibility of Tenant under this section. Landlord shall deliver to comply with all laws. Tenant shall, at its sole a written statement selling forth the cost and expense, comply with any and all requirements, pertaining to said Premises, of any such insurance organization or company, necessary for and showing in reasonable detail the maintenance of reasonable fire and public liability insurancemanner in which it has been computed.
Appears in 1 contract
Samples: Office Building Lease (Virtual Mortgage Network Inc)
Tenant’s Insurance. Tenant agreesshall maintain in full force and effect at all times during the Term of this Lease, at Tenant’s 's sole cost and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance issued by a carrier or carriers acceptable to secure Landlord and keep in force during its lender(s) which afford the term following coverages: (i) worker's compensation: statutory limits; (ii) employer's liability, as required by law, with a minimum limit of this Lease a policy of comprehensive $100,000 per employee and $500,000 per occurrence; (iii) primary commercial general liability insurance (occurrence form) providing coverage against any and all claims for personal bodily injury (including death) and property damage occurring in, on or about the Premises arising out of Tenant's and Tenant's Representatives' use and/or occupancy of the Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations, products liability, personal and advertising, and a plate-glass rider to provide coverage for all glass in, on or about the Premises including, without limitation, skylights, with deletion of the exclusion for operations within fifty (50) feet of a railroad track (railroad protective liability), if applicable. Such insurance shall have a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence with a Two Million Dollar ($2,000,000) aggregate limit and excess umbrella insurance in the amount of Two Million Dollars ($2,000,000). If Tenant has other locations which it owns or leases, the policy shall include an aggregate limit per location endorsement. If necessary, as reasonably determined by Landlord, Tenant shall provide for restoration of the aggregate limit; (iv) comprehensive automobile liability insurance: a combined single limit of not less than $2,000,000 per occurrence and insuring Tenant against liability for claims arising out of the ownership, maintenance, or use of any owned, hired or non-owned automobiles; (v) "special form" property insurance, including without limitation Initials /s/ IH Initials /s/ JMJ parkinglimitation, walkways arid landscaped areassprinkler leakage, boiler and machinery comprehensive form, if applicable, covering damage to or loss of any personal property, trade fixtures, inventory, fixtures and equipment located in, on or about the Premises, and in addition, coverage for business interruption of Tenant, together with, if the property of Tenant's invitees is to be kept in the minimum amount Premises, warehouser's legal liability or bailee customers insurance for the full replacement cost of $2,000,000 combined single limitthe property belonging to invitees and located in the Premises. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including written on a replacement cost basis (without limitationdeduction for depreciation) any failure of Tenant in an amount equal to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten one hundred percent (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies100%) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from of the aggregate of the items referred to in this subparagraph (v); and (vi) such other insurance as Landlord deems necessary and prudent or as may otherwise be required by any of such policies shall be used for the repair Landlord's lenders or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancejoint venture partners.
Appears in 1 contract
Samples: Lease Agreement (Shoe Pavilion Inc)
Tenant’s Insurance. (a) Tenant agreesshall, at Tenant’s expense, to secure and keep in force during the term hereof and any other period of this Lease a policy occupancy, at its sole cost and expense, keep in full force and effect the following insurance:
(i) Standard form property insurance insuring against the perils of comprehensive general liability insurance for personal injury fire, extended coverage, vandalism, malicious mischief, special extended coverage (including death"All-Risk") and sprinkler leakage. This insurance policy shall be upon all property damage occurring inowned by Tenant, on for which Tenant is legally liable or about the Premisesthat was installed at Tenant's expense, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, and which is located in the minimum Project including, without limitation, furniture, fittings, installations, fixtures (other than Tenant improvements installed by Landlord), and any other personal property in an amount not less than ninety percent (90%) of $2,000,000 combined single limitthe full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, the decision of Landlord or any mortgagees of Landlord shall be conclusive. This insurance policy shall also be upon direct or indirect loss of Tenant's earnings attributable to Tenant's inability to use fully or obtain access to the Premises or Project in an amount as will properly reimburse Tenant. Such policy shall name Landlord and any mortgagees of Landlord as insured parties, as their respective interests may appear.
(ii) Commercial General Liability Insurance insuring Tenant against any liability arising out of the lease, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be primary in the amount of $5,000,000 Combined Single Limit for injury to, or death of one or more persons in an occurrence, and noncontributory for damage to tangible property (including loss of use) in an occurrence, with respect such liability amount to any insurance carried by Landlordbe adjusted from year to year to reflect increases in the Consumer Price Index. Such policy(iesThe policy shall insure the hazards of premises and operation, independent contractors, contractual liability (covering the Indemnity contained in Section 18 hereof) and shall (1) name Landlord as an additional insured(sinsured, and (2) contain a cross liability provision, and (3) contain a provision that "the insurance provided the Landlord hereunder shall be primary and non-contributing with any other insurance available to the Landlord."
(iii) Workers' Compensation and Employer's Liability insurance (as required by state law), .
(iv) Rental loss insurance in an amount equal to all unpaid Rent which would be due for a period of eighteen (18) months under the Lease. The amount of such rental loss insurance shall insure any liability be increased from time to time during the Term as and when the Rent increases (including estimated increases in Additional Rent as reasonably determined by Landlord).
(v) Tenant shall obtain and maintain loss of Landlord, contingent income and extra expense insurance in amounts as will reimburse Tenant for direct or otherwise, with respect indirect loss of earnings attributable to acts or omissions of Tenant, its agents, employees or invitees all peril commonly insured against by any conduct or transactions of any of said persons in, about or concerning prudent lessees in the Premises, including (without limitation) any failure business of Tenant or attributable to observe prevention of access to the Premises as a result of such perils.
(vi) Any other form or perform forms of insurance as Tenant or Landlord or any mortgagees of its obligations hereunderLandlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself
(b) All policies shall be written in a form satisfactory to Landlord and shall contain the insurer’s waiver be taken out with insurance companies holding a General Policyholders Rating of subrogation against Landlord"A" and a Financial Rating of "X" or better, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business as set forth in the State most current issue of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon Bests Insurance Guide. Within ten (10) days after the execution of this Lease, Tenant shall deliver to Landlord copies of policies or certificates evidencing the existence of the amounts and forms of coverage satisfactory to Landlord. No such policy shall be cancelable or reducible in coverage except after thirty (30) days prior written notice to Landlord. Tenant shall, within ten days prior to 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 insurance that is the responsibility of Tenant under this section, Landlord shall at all times deposit deliver to Tenant a written statement setting forth the cost of any such insurance and maintain a current copy or detailed certificate showing in reasonable detail the manner in which it has been computed. All insurance policies required to be carried by Tenant covering the Premises, including but not limited to contents, fire, and casualty insurance, shall to the extent permitted by law expressly waive any right on the part of said policy(ies) with the insurer against the Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, failure of any insurance organization policy to include such waiver clause or company, necessary for endorsement shall not affect the maintenance validity of reasonable fire and public liability insurancethis Lease.
Appears in 1 contract
Tenant’s Insurance. (a) Tenant agreesshall, during the Term and any other period of occupancy, at its sole cost and expense, keep in full force the following insurance:
(i) Standard form 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 that was installed at Tenant’s expense, to secure and keep which is located in force during the term of this Lease a policy of comprehensive general liability insurance for Building including, without Landlord’s Initials Tenant’s Initials limitation, furniture, fittings, installations, fixtures (other than tenant improvements installed by Landlord), and any other personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areasproperty, in an amount not less than the minimum full replacement cost thereof. If there is a dispute as to the amount which comprises full replacement cost, the decision of $2,000,000 combined single limitLandlord 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 as insured parties, as their respective interests may appear.
(ii) Commercial General Liability Insurance insuring Tenant against any liability arising out of the lease, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the amount of $2,000,000 Combined Single Limit for injury to, or death of one or more persons in an occurrence, and for damage to tangible property in an occurrence. The policy shall insure the hazards of the Premises and Tenant’s operations thereon, independent contractors, and contractual liability (covering 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 noncontributory non-contributing with respect 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 Operating Expenses for a period of at least twelve (12) months.
(v) Any other form or forms of insurance which Tenant or Landlord or any mortgagees of Landlord may reasonably require from time to time in form, in amounts, and for insurance carried risks against which a prudent tenant would protect itself.
(b) All policies to be procured by LandlordTenant shall be written in a 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 most current issue of Best’s Insurance Guide. Such policy(iesWithin ten (10) shall name Landlord as an additional insured(s), shall insure any liability days after the execution of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning this Lease and before occupying the Premises, including (without limitation) any failure Tenant shall deliver to Landlord copies of Tenant to observe policies or perform any of its obligations hereunder, and shall contain certificates evidencing the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant existence of the indemnity provisions amounts and forms of Section 14coverage satisfactory to Landlord. hereof. Such policy(ies) No such policy shall be issued by an insurance company licensed to transact business cancelable or reducible in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten coverage without at least thirty (1030) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole least 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 and expensethereof to Tenant as additional rent. If Landlord obtains any insurance that is the responsibility of Tenant under this Xxxxxxxxx 00, comply with any and all requirements, pertaining Xxxxxxxx shall deliver to said Premises, Tenant a written statement setting forth the cost of any such insurance organization or companyand showing in reasonable detail the manner in which it has been computed, necessary for and Tenant shall reimburse Landlord such amount at the maintenance of reasonable fire 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 considers appropriate. 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 it or Landlord’s mortgagees may determine advisable. Tenant acknowledges that Tenant’s insurance shall in any event provide primary coverage.
(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 Landlord’s Initials Tenant’s Initials insurance rate on the Building or the Tenant Improvements showing the various components of such rate shall be conclusive evidence of the several items and charges which make up such rate. Tenant shall promptly comply with all reasonable requirements of the insurance authority or any present or future insurer relating to the Premises.
(e) If any of Landlord’s insurance policies shall be canceled or cancellation shall be threatened or the premium or coverage thereunder changed or threatened to be changed in any way because of the use of the Premises or any part thereof by Tenant or any assignee or subtenant of Tenant or by anyone Tenant permits on the Premises and, if Tenant fails to remedy the condition giving rise to such threatened or actual cancellation, or threatened or actual change in coverage or premiums, then, within forty-eight (48) hours after notice thereof, Landlord may, at its option, either terminate this Lease or enter upon the Premises and attempt to remedy such condition, and Tenant shall promptly pay the cost thereof to Landlord as additional rent. Landlord shall not be liable for any damage or injury caused to any property of Tenant or of others located on the Premises resulting from such entry. If Landlord is unable or elects not to remedy such condition, then Landlord shall have all of the remedies 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 the extent rights have been waived by the insured before the occurrence of injury or loss. Landlord and Tenant waive any rights of recovery against the other for injury or loss due to hazards covered by policies of insurance containing such a waiver of subrogation clause or endorsement to the extent of the injury or loss covered thereby.
Appears in 1 contract
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
(a) Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(i) Comprehensive general liability insurance insuring Tenant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant’s use or occupancy of the Leased Premises, the Building, the Outside Areas or the Property, or resulting from Tenant’s activities in or about the Leased Premises or the Property, with coverage in an amount equal to $3,000,000.00 (including death“Tenant’s Required Liability Coverage”), which insurance shall contain a “broad form liability” endorsement insuring Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in this Lease.
(ii) Fire and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in so-called “all riskfire and extended coverage” form with a sprinkler insuring Tenant against loss from physical damage endorsement insuring the replacement value of all Landlord’s and to Tenant’s personal property, inventory, trade fixtures, fixtures and leasehold improvements within the Leased Premises other than the Improvement Work with coverage for the full actual replacement value cost thereof. The proceeds from any ;
(iii) Plate glass insurance, at actual replacement cost;
(iv) Pressure vessel insurance, if applicable;
(v) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of such policies shall be used the distribution, sale, use or consumption of food and/or beverages (including alcoholic beverages, if applicable) at the Leased Premises for the repair or replacement of such items so insured. Tenant shall also maintain policy(iesnot less than Tenant’s Required Liability Coverage;
(vi) of workmen’s Workers’ compensation insurance and any other employee benefits benefit insurance sufficient to comply with all laws. ; and
(vii) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, contingent liability and builder’s risk insurance, in an amount and with coverage reasonably satisfactory to Landlord.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property; (i) shall, except with respect to insurance required by subparagraph (a)(vi) above, name Landlord and Wrightwood Capital LLC, ISAOA, and such others with an insurable interest as are designated by Landlord, as additional insureds; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form satisfactory to Landlord; (iv) shall be carried with companies with Best’s ratings of at least A and XI (or equivalent rating from an alternative rating agency approved by Landlord if Best’s is no longer rating); (v) shall provide that insurance carrier will endeavor to notify Landlord within thirty (30) days’ prior written notice if such policy is subject to cancellation or lapse; and (vi) shall contain a so-called “severability” or “cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its sole cost partners, principals, members, officers, employees, agents and expensecontractors, comply which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, officers, employees, agents and contractors.
(c) Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than five (5) business days prior to the expiration or cancellation of the policies being renewed or replaced. Landlord may, at any time and from time to time, inspect and/or copy any and all requirementsinsurance policies required to be carried by Tenant pursuant to this Article. If Landlord’s Lender or any investor reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1(a) for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, pertaining then Tenant shall increase the amount of coverage for such insurance to said Premises, of such greater amount as Landlord’s Lender or any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceinvestor reasonably deems adequate.
Appears in 1 contract
Samples: Office Lease (Cortina Systems Inc)
Tenant’s Insurance. (a) Tenant agreesshall carry, at Tenant’s sole expense, insurance against any or all risks of physical loss in an amount adequate to secure and keep in force during cover the term cost of this Lease a policy replacement of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions all of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventoryAlterations, trade fixtures, equipment and leasehold improvements within the Premises for the full replacement value thereofpersonal property. The proceeds from If Tenant’s insurance does not otherwise cover losses caused by breakage or other malfunction of any of such policies Tenant’s machinery or equipment used by Tenant in the Premises, then Tenant shall carry equipment breakdown insurance (so called boiler and machinery insurance) covering Tenant’s equipment and machinery (including any heating, ventilation and air conditioning systems, electrical equipment, and the like). Tenant acknowledges that Landlord’s insurance is not intended to cover Tenant’s Alterations, trade fixtures, equipment, and personal property. My policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 16, whereupon any insurance proceeds covering any of Tenant’s Alterations, fixtures, equipment and personal property that Tenant is required to leave in the Premises at the expiration or earlier termination of the Lease Term under Article 20 shall be payable to Landlord. Provided, however, that at Landlord’s sole election, Landlord may obtain at Tenant’s expense any or all of the insurance described in this Section if Tenant fails to obtain the insurance required under this Article.
(b) Tenant shall carry, at Tenants sole expense, comprehensive or commercial general liability insurance, fully covering any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Center. Such liability insurance shall include without limitation bodily injury (including wrongful death), property damage, advertising injury, personal injury and contractual liability coverages (including Tenant’s indemnification obligations under Article 13), independent contractors, owned, nonowned, and hired vehicle liability and, if alcoholic beverages are served, sold, consumed or obtained in the Premises, liquor-law liability. The initial limit of such items so insuredinsurance shall be at least $2,000,000 combined single liability limit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limits may be met by umbrella coverage of not less than $5,000,000 and shall be subject to periodic increase, at Landlord’s election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord’s professional insurance advisors, and other relevant factors. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shallalso, at its sole cost and expense, obtain worker’s compensation coverage in an amount adequate to comply with law, and employer’s liability coverage with a limit of not less than $2,000,000. If Tenant’s use of the Premises involves any use, generation, manufacturing, storage or disposal of any Hazardous Materials, or if any of Tenants activities increases any risk of any liability to Tenant or Landlord under Hazardous Materials Laws, Tenant shall carry such environmental insurance as may be required by Landlord or Landlord’s lender. Tenant shall, at Tenant’s sole expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant.
(c) Each policy of Insurance required to be carried by Tenant hereunder shall (i) name Landlord, Landlord’s lender and all requirementsLandlord’s property manager (if any) as additional insureds, pertaining (ii) contain cross-liability and contractual liability provisions, (ii) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written notice to said Landlord and Landlord’s lender (10 days for nonpayment of premiums), (iii) be issued by an insurer licensed in California and reasonably approved by Landlord, and (iv) be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. The deductible or self-insured retention on any insurance required to be carried by Tenant hereunder shall not exceed, without the prior written consent of Landlord, Twenty-Five Thousand Dollars ($25,000) per occurrence. Tenant shall be responsible for the payment of the full amount of any deductible or self-Insured retention on its insurance unless the reason for such loss is the sole negligence or willful misconduct of Landlord, its agents or employees. No insurance carried or required to be carried by Tenant, nor the amount or limits thereof, shall limit Tenant’s liability nor relieve Tenant of any obligation under this Lease.
(d) Each policy of insurance required to be carried by Tenant hereunder shall be obtained by Tenant and maintained in full force and effect throughout the Lease Term and any other period of Tenant’s actual or constructive possession of the Premises. Prior to the Commencement Date or any earlier taking of possession of any part of the Premises, Tenant shall deliver to Landlord (I) an XXXXX Form 27 certificate (or such other certificate providing the greatest protection to Landlord reasonably available) evidencing all insurance required to be maintained by Tenant and identifying all additional insureds required to be so designated under the terms of any this Lease, and (ii) all additional insured endorsements provided by the insurer in favor of Landlord, Landlord’s property manager and Landlord’s lender as required by this Lease. Tenant shall deliver evidence of a renewal of each required policy, together with all required endorsements, at least thirty (30) days prior to expiration thereof. Tenant shall permit Landlord at all reasonable times to inspect the policies of insurance, and shall deliver copies thereof to Landlord within ten (10) days after Landlord’s request therefor. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance organization required under this Section, or companyif Tenant obtains insurance with terms, necessary for conditions and/or exclusions that are inconsistent with the maintenance requirements and terms of reasonable fire and public liability insurancethis Lease.
Appears in 1 contract
Samples: Standard Industrial Net Lease (Mabvax Therapeutics Holdings, Inc.)
Tenant’s Insurance. Tenant agreesshall secure and maintain, at Tenant’s 's expense:
(i) All-risks property (including water damage and sprinkler leakage) insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises and on its non-Building Standard leasehold improvements and all other additions and improvements (including fixtures) made by Tenant and not required to secure be insured by Landlord above, in the amount of their full replacement cost, as well as business interruption coverage, on a 100% (6-month) actual loss sustained basis. Landlord and keep in force during the term of this Lease a policy of comprehensive any mortgagees and other third parties requested by Landlord shall be named as loss payees as their interests may appear.
(ii) Commercial general liability insurance for personal injury (including death) and property damage occurring in, with the premiums thereon fully paid on or about before the Premisesdue dates, including issued by and binding upon a solvent insurance company authorized to do business in California, and providing that no cancellations shall be made without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount contemporaneous notice of $2,000,000 combined single limitsuch cancellation being given to Landlord. Such insurance shall be primary afford the following minimum limits of coverage: Each Occurrence (Combined Single Limit $1,000,000 Bodily Injury or Property Damage) General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and noncontributory with respect Advertising Injury Liability $1,000,000 Fire Damage Legal Liability $ 50,000 Medical Payments $ 5,000 Business Interruption 6 months actual loss sustained Tenant shall also maintain minimum excess coverage of not less than five million dollars ($5,000,000) per occurrence, provided Tenant shall carry such greater limits of coverage as Landlord may reasonably request from time to any insurance carried time. Landlord and Landlord's property manager and other third parties requested by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California named as additional insureds on all commercial general liability and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insuredexcess liability policies. Tenant shall also maintain policy(ies) of workmen’s carry workers' compensation and employers' liability insurance and any other employee benefits sufficient to comply on its employees as set forth below in accordance with all applicable state laws. Tenant shallshall regularly provide Landlord with a certificate of insurance, at its sole cost as described in Section 6.5(e) below, evidencing the coverage required under this Lease.
(iii) Workers Compensation insurance in statutory amounts and expense, comply with any and all requirements, pertaining to said Premises, Employers' Liability coverage of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancenot less than one million dollars ($1,000,000).
Appears in 1 contract
Samples: Office Space Lease Agreement (Extreme Networks Inc)
Tenant’s Insurance. (a) Tenant agreesshall carry, at Tenant’s sole expense, insurance against any or all risks of physical loss in an amount adequate to secure and keep in force during cover the term cost of this Lease a policy replacement of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions all of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventoryAlterations, trade fixtures, equipment and leasehold improvements within the Premises for the full replacement value thereofpersonal property. The proceeds from If Tenant’s insurance does not otherwise cover losses caused by breakage or other malfunction of any of such policies Tenant’s machinery or equipment used by Tenant in the Premises, then Tenant shall carry equipment breakdown insurance (so called boiler and machinery insurance) covering Tenant’s equipment and machinery (including any heating, ventilation and air conditioning systems, electrical equipment, and the like). Tenant acknowledges that Landlord’s insurance is not intended to cover Tenant’s Alterations, trade fixtures, equipment, and personal property. My policy proceeds shall be used for the repair or replacement of such items so insuredthe property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 16, whereupon any insurance proceeds covering any of Tenant’s Alterations, fixtures, equipment and personal property that Tenant is required to leave in the Premises at the expiration or earlier termination of the Lease Term under Article 20 shall be payable to Landlord. Provided, however, that at Landlord’s sole election, Landlord may obtain at Tenant’s expense any or all of the insurance described in this Section if Tenant fails to obtain the insurance required under this Article.
(b) Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shallcarry, at its Tenants sole cost and expense, comply with comprehensive or commercial general liability insurance, fully covering any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Center. Such liability insurance shall include without limitation bodily injury (including wrongful death), property damage, advertising injury, personal injury and contractual liability coverages (including Tenant’s indemnification obligations under Article 13), independent contractors, owned, nonowned, and hired vehicle liability and, if alcoholic beverages are served, sold, consumed or obtained in the Premises, liquor-law liability. The initial limit of such insurance shall be at least $2,000,000 combined single liability limit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limits may be met by umbrella coverage of not less than $5,000,000 and shall be subject to periodic increase, at Landlord’s election, based upon inflation, increased liability awards, lender requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.the
Appears in 1 contract
Samples: Standard Industrial Net Lease (Mabvax Therapeutics Holdings, Inc.)
Tenant’s Insurance. Tenant agrees, at Tenant’s expense, to secure and keep in force shall carry insurance during the term of this Lease a policy of comprehensive entire Term hereof with terms, coverages and companies (which shall be licensed to do business in the state in which the Building is located and shall be rated no lower than A+XV by A.M. Best Company) satisfactory to Landlord and with such increases in limits as Landlord may request from time to time, but initially Tenant shall maintain the following coverages in the following amounts:
(a) Comprehensive or commercial general liability insurance insurance, including contractual liability and the broad or extended liability endorsement, insuring against claims for death, bodily injury, personal injury (including death) and property damage occurring inupon, on in or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areasPremises or the Building on an occurrence basis, in the minimum an amount of not less than Three Million Dollars ($2,000,000 3,000,000.00) combined single limit. Such insurance shall be primary limit per occurrence, covering Tenant as a named insured and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent the managing agent for the Building and their respective officers, directors, shareholders, partners, members, agents and employees as additional insureds.
(b) Insurance against fire, sprinkler leakage and vandalism, and the extended coverage perils for the full replacement cost of all additions, improvements and alterations to the Premises whether owned, made or otherwiseinstalled by or on behalf of Tenant or existing in the Premises as of the date such space is leased to, with respect to acts or omissions of occupied by, Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunderif any, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventoryoffice furniture, trade fixtures, office equipment, merchandise and leasehold improvements within all other items of Tenant's property on the Premises, with loss or damage payable to Landlord and Tenant as their interests may appear.
(c) Business interruption insurance in such amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all perils covered by the insurance described in clause (b) above or attributable to prevention or denial of access to the Premises for the full replacement value thereof. The proceeds from any or Building as a result of such policies shall be used perils for a period of eighteen (18) months.
(d) State Workers' Compensation Insurance in the repair statutorily mandated limits and Employers Liability Insurance with limits of not less than Five Hundred Thousand Dollars ($500,000.00), or replacement of such items so insured. Tenant shall also maintain policy(iesgreater amount as the law may from time to time require.
(e) of workmen’s compensation Such other insurance and any other employee benefits sufficient or insurance in such greater amounts as Landlord or Landlord's Mortgagee may reasonably require from time to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancetime.
Appears in 1 contract
Samples: Office Lease (AtheroNova Inc.)
Tenant’s Insurance. a. All insurance required to be carried by Tenant agrees, at Tenant’s expense, hereunder shall be issued by responsible insurance companies acceptable to secure Landlord and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) Landlord's lender and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, qualified to do business in the minimum amount State. Each policy shall name Landxxxx, xxd at Landxxxx'x xequest any mortgage of $2,000,000 combined single limitLandlord, as an additional insured, as their respective interests may appear. Such insurance Each policy shall contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributory non-contributing with respect to any insurance policies carried by Landlord. Such policy(iesLandlord and that any coverage carried by Landlord shall be excess insurance, and (iii) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees a waiver by any conduct or transactions the insurer of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver right of subrogation against Landlord, its agents, employees and inviteesrepresentatives, 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. Such policy(iesA copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall insure performance 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 therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant of the indemnity provisions of Section 14hereunder. hereof. Such policy(ies) No such policy shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amendedcancelable, except upon after twenty (20) days' written notice to Landlord and Landxxxx'x xender. Tenant shall furnish Landlord with renewals or "binders" of any such policy at least ten (10) days prior written notice to Landlordthe expiration thereof. Tenaxx xxxees that if Tenaxx xxxs not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums together with a ten percent (10%) handling charge (to cover Landxxxx'x xdministration and handling of said policy), payable upon demand. Tenant shall at all times deposit 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, Landxxxx'x xortgagee and Tenant as required to this Lease.
b. 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 a current copy in effect policies of casualty insurance covering (i) all Leasehold Improvements (including any alterations, additions or detailed certificate improvements as may be made by Tenant pursuant to the provisions of said policy(iesArticle 12 hereof), and (ii) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, merchandise and leasehold improvements other personal property from time to time, providing protection against any peril included within the Premises for the full replacement value thereofclassification "Fire and Extended Coverage" together with insurance against sprinkler damage, vandalism and malicious mischief. The proceeds from any of such policies insurance shall be used for the repair or replacement of such items 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 on the date Tenant is given access to the Premises for any purpose and continuing until expiration of the Term, Tenant shall also procure, pay for and maintain policy(ies) of workmen’s in effect workers' compensation insurance as required by law and any other employee benefits sufficient comprehensive public liability and property damage insurance with respect to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said the construction of improvements on the Premises, the use, operation or condition of any insurance organization the Premises and the operations of Tenant in, on or companyabout the Premises, necessary providing personal injury and broad form property damage coverage including blanket contractual liability coverage and tenant's legal liability coverage, for the maintenance of reasonable fire not less than Two Million Dollars ($2,000,000.00) combined single limit for bodily injury, death and public liability insuranceproperty damage liability.
Appears in 1 contract
Samples: Lease Agreement (Tcsi Corp)
Tenant’s Insurance. Tenant agrees(A) Tenant, at Tenant’s expense, to secure shall obtain and keep in full force during and effect (i) an insurance policy for Tenant’s Property and the term Specialty Alterations, in either case to the extent insurable under “all-risk” property insurance policies, covering the perils listed in the current edition of the Insurance Services Office, Inc. (“ISO”), special causes of loss form CP 10 30, including, without limitation, coverage for acts of terrorism (if such coverage for acts of terrorism is available on commercially reasonable terms), in an amount equal to one hundred percent (100%) of the replacement value thereof (subject, however, at Tenant’s option, to a reasonable deductible) (the insurance policy described in this Lease clause (i) being referred to herein as “Tenant’s Property Policy”), (ii) a policy of comprehensive worker’s compensation insurance, to the extent required by law (such policy being referred to herein as “Tenant’s Worker’s Compensation Policy”), (iii) a commercial automobile liability policy covering any vehicle that Tenant brings upon the Real Property (regardless of whether Tenant owns or hires such vehicle) with a combined single limit of not less than One Million Dollars ($1,000,000) (such policy being referred to herein as “Tenant’s Auto Policy”, and (iv) a policy of commercial general liability insurance on an occurrence basis, providing coverage that is at least as broad as the current edition of ISO Form CG 00 01 (the insurance policy described in this clause (iii) being collectively referred to herein as “Tenant’s Liability Policy”). Tenant’s Property Policy and Tenant’s Liability Policy shall name Tenant as a named insured. Tenant’s Liability Policy (including, without limitation, any policy that Tenant obtains as described in Section 14.1(D) hereof) and Tenant’s Auto Policy shall be endorsed to name the Landlord Indemnitees as additional insureds thereunder.
(B) Tenant shall act in compliance with the procedures of in connection with Tenant’s efforts to recover for property damage sustained at the Premises under Tenant’s Property Policy. All of the insurance policies that Section 14.1(A) hereof obligates Tenant to carry shall provide that at least thirty (30) days of advance written notice of cancellation is given to Landlord, except that such period of thirty (30) days may be reduced to no less than ten (10) days for non-payment of premium. If Tenant receives any notice of cancellation or any other notice from the insurance carrier which may adversely affect the coverage of the insureds under Tenant’s Property Policy or Tenant’s Liability Policy, then Tenant shall immediately deliver to Landlord a copy of such notice. Tenant’s Liability Policy shall have no exclusions limiting liability assumed under an insured’s contract (including, without limitation, tort liability of another assumed by the insured in a business contract). The minimum limits of liability under Tenant’s Liability Policy shall be Five Million Dollars ($5,000,000) per occurrence for bodily injury (or death), personal injury (including death) and/or damage to property, which minimum amount Landlord may increase from time to time to the amount of insurance that in Landlord’s reasonable judgment is then being customarily required by prudent landlords of first-class buildings in the vicinity of the Building from tenants leasing space similar in size, nature and property damage occurring in, on or about location to the Premises.
(C) Tenant shall cause Tenant’s Liability Policy, including without limitation Initials /s/ IH Initials /s/ JMJ parkingTenant’s Worker’s Compensation Policy , walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary Tenant’s Auto Policy and noncontributory with respect Tenant’s Property Policy to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed reputable insurers that are (x) eligible to transact do business in the State of California and rated no less than A12 by Best’sNew York, and (y) rated in Best’s Insurance Guide, or any successor thereto, as having a general policyholder rating of A and a financial rating of at least VII (it being understood that if such ratings are no longer issued, then such insurer’s financial integrity shall provide conform to the standards that constitute such ratings from Best’s Insurance Guide as of the date hereof).
(D) Tenant has the right to satisfy Tenant’s obligation to carry Tenant’s Liability Policy with any combination of primary and umbrella insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlordpolicies. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at has the right to satisfy Tenant’s cost maintain policy(iesobligation to carry Tenant’s Property Policy with a blanket insurance policy.
(E) Tenant’s liability hereunder is not limited to the amount of Tenant’s insurance recovery, to the amount of insurance that Tenant maintains in “all risk” form force, to the amount of insurance that Tenant is required to maintain in accordance with a sprinkler damage endorsement insuring the replacement value terms of all Landlord’s and Tenant’s personal propertythis Section 14.1, inventory, trade fixtures, and leasehold improvements within or to the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, amount of any insurance organization that Tenant is required to carry, or companythat Tenant is permitted to carry, necessary for under applicable Requirements. Landlord’s review of, or approval of, any insurance that Tenant carries shall not limit Tenant’s obligation to carry the maintenance of reasonable fire and public liability insuranceinsurance that this Section 14.1 requires Tenant to carry.
Appears in 1 contract
Samples: Lease Agreement (fuboTV Inc. /FL)
Tenant’s Insurance. Tenant agreesshall maintain insurance as follows, at Tenant’s expense------------------- with such other terms, coverages and insurers, as Landlord shall reasonably require from time to secure time:
(a) Commercial General Liability Insurance, with (i) Contractual Liability including the indemnification provisions contained in this Lease, (ii) a severability of interest endorsement, and keep (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 force during the term of this Lease a policy of comprehensive general liability insurance aggregate for personal injury (including bodily injury, sickness or death) , and property damage occurring indamage, and umbrella coverage of not less than Five Million Dollars ($5,000,000).
(b) Special Causes of Loss (ISO form CP 10 30 10/00 or its substantive equivalent) Insurance covering the replacement cost of all leasehold improvements, trade fixtures and personal property in or on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parkingwith a commercially reasonable deductible.
(c) Business Income insurance and extra expense coverage with coverage amounts that shall reimburse Tenant for all rental, walkways arid landscaped areasexpense and other payment obligations of Tenant under this Lease for a period of not less than one (1) year.
(d) Workers' compensation or similar insurance in form and amounts required by law, in and Employer's Liability with not less than the minimum amount of following limits: Each Accident: $2,000,000 combined single limit. Such 500,000 Disease--Policy Limit: $500,000 Disease--Each Employee: $500,000 Tenant's insurance shall be primary and noncontributory with respect not contributory to any insurance that carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees or mortgagee. Landlord, and invitees. Such policy(ies) if any, Landlord's building manager or agent, and, if Landlord requests, any Security Holder (as defined in Section 16.1 below), shall insure performance by Tenant be named as additional insureds under the insurance required of the indemnity provisions of Tenant in Section 14. hereof. Such policy(ies) 8.3(a), and Tenant's property insurance policies shall be issued by an insurance company licensed endorsed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that any loss shall 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 insurance shall not be canceled or materially amendedwhich Tenant is required to maintain under this Lease, except upon ten (10) days prior written notice to Landlord. Tenant as well as the form of such insurance, shall at all times deposit be subject to Landlord's approval, and any such company shall be licensed to do business in the state in which the Building is located. Such insurance companies shall have a A.M. Best rating of A VI or better.
(e) Tenant shall cause any contractor of Tenant performing work on the Premises to maintain a current copy or detailed certificate insurance as follows, with such other terms, coverages and insurers, as Landlord shall reasonably require from time to time:
(i) Commercial General Liability Insurance, including contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement, and contractor's protective liability coverage, to afford protection with limits, for each occurrence, of said policy(iesnot 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 in favor of Landlord and its agents. Tenant's contractor's insurance shall be primary and not contributory to that carried by Tenant, Landlord, their agents or mortgagees. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all and Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from if any, Landlord's building manager or agent, and, if Landlord requests, any of such policies Security Holder shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation named as additional insured on Tenant's contractor's insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancepolicies.
Appears in 1 contract
Samples: Lease (Ydi Wireless Inc)
Tenant’s Insurance. Tenant agrees(A) Tenant, at Tenant’s 's expense, to secure shall obtain and keep in full force during and effect (i) an insurance policy for Tenant's Property, the term interior installation existing in the Premises on the Pre-Delivery Work Substantial Completion Date and the Alterations, in either case to the extent insurable under "all-risk" property insurance policies, covering the perils listed in the current edition of the Insurance Services Office, Inc. ("ISO"), special causes of loss form CP 10 30 (or its equivalent) including, without limitation, coverage for acts of terrorism (if such coverage for acts of terrorism is available on commercially reasonable terms), in an amount equal to one hundred percent (100%) of the replacement value thereof (subject, however, at Tenant's option, to a reasonable deductible) and including business income insurance providing coverage for a minimum of twelve (12) months of net operating income plus continuing expenses after the date of the casualty, and equipment breakdown insurance for all equipment, machinery and apparatus exclusively serving the Premises in an amount not less than the full replacement or functional cost thereof (the insurance policy described in this Lease clause (i) being referred to herein as "Tenant's Property Policy"), (ii) a policy of comprehensive worker's compensation insurance, to the extent required by law (such policy being referred to herein as "Tenant's Worker's Compensation Policy"), (iii) a commercial automobile liability policy covering any vehicle that Tenant brings upon the Real Property (whether Tenant owns or hires such vehicle) with a combined single limit of not less than One Million Dollars ($1,000,000) (such policy being referred to herein as "Tenant's Auto Policy"), and (iv) a policy of commercial general liability insurance on an occurrence basis, providing coverage that is at least as broad as the current edition of ISO Form CG 00 01 or its equivalent (the insurance policy described in this clause (iv) being collectively referred to herein as "Tenant's Liability Policy"). Tenant's Property Policy and Tenant's Liability Policy shall name Tenant as a named insured. Tenant's Liability Policy (including, without limitation, any policy that Tenant obtains as described in Section 14.1(D) hereof) and Tenant's Auto Policy shall be endorsed to name the Landlord Indemnitees as additional insureds thereunder.
(B) Tenant's Property Policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained, subject to customary exclusions. Tenant's Liability Policy shall provide that at least thirty (30) days of advance written notice of cancellation is given to Landlord, except that such period of thirty (30) days may be reduced to no less than ten (10) days for non-payment of premium. If Tenant receives any notice of cancellation or any other notice from the insurance carrier which may adversely affect the coverage of the insureds under Tenant's Property Policy or Tenant's Liability Policy, then Tenant shall immediately deliver to Landlord a copy of such notice. Tenant's Liability Policy shall have no exclusions limiting liability assumed under an insured's contract (including, without limitation, tort liability of another assumed by the insured in a business contract). The minimum limits of liability under Tenant's Liability Policy shall be Ten Million Dollars ($10,000,000) per occurrence for bodily injury (or death), personal injury (including death) and/or damage to property, which minimum amount Landlord may increase from time to time to the amount of insurance that in Landlord's reasonable judgment is then being customarily required by prudent landlords of first-class office buildings in the vicinity of the Building from tenants leasing space similar in size, nature and property damage occurring in, on or about location to the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in but not more frequently than once every three (3) years and not prior to the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(iesthird (3rd) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant anniversary of the indemnity provisions of Section 14. hereof. Such policy(iesPre-Delivery Work Substantial Completion Date (unless otherwise required by the existing Mortgage).
(C) Tenant shall cause Tenant's Liability Policy, Tenant's Worker's Compensation Policy, Tenant's Auto Policy and Tenant's Property Policy to be issued by an insurance company licensed reputable insurers that are (x) eligible to transact do business in the State of California and rated no less than A12 by Best’sNew York, and (y) rated in Best's Insurance Guide, or any successor thereto, as having a general policyholder rating of A and a financial rating of at least VIII (it being understood that if such ratings are no longer issued, then such insurer's financial integrity shall provide conform to the standards that constitute such ratings from Best's Insurance Guide as of the date hereof).
(D) Tenant has the right to satisfy Tenant's obligation to carry Tenant's Liability Policy with any combination of primary and umbrella insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlordpolicies provided that all of the requirements of this Article 14 are satisfied. Tenant shall at all times deposit and maintain has the right to satisfy Tenant's obligation to carry Tenant's Property Policy with a current copy or detailed certificate blanket insurance policy.
(E) Tenant's liability hereunder is not limited to the amount of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) 's insurance recovery, to the amount of insurance that Tenant maintains in “all risk” form force, to the amount of insurance that Tenant is required to maintain in accordance with a sprinkler damage endorsement insuring the replacement value terms of all Landlord’s and Tenant’s personal propertythis Section 14.1, inventory, trade fixtures, and leasehold improvements within or to the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, amount of any insurance organization that Tenant is required to carry, or companythat Tenant is permitted to carry, necessary for under applicable Requirements. Landlord's review of, or approval of, any insurance that Tenant carries shall not limit Tenant's obligation to carry the maintenance of reasonable fire and public liability insuranceinsurance that this Section 14.1 requires Tenant to carry.
Appears in 1 contract
Samples: Lease (Clear Secure, Inc.)
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
A. Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(1) Comprehensive general liability insurance insuring Tenant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenants use or occupancy of the Leased Premises, the Building, the Outside Areas or the Property, or resulting from Tenant’s activities in or about the Leased Premises or the Property, with combined single limit coverage of no less than the amount of Tenant’s Required Liability coverage (including deathas set forth in Article 1), which insurance shall contain a “broad form liability” endorsement insuring Tenant’s performance of Tenant’s obligation to indemnify Landlord as contained in Article 8.2.
(2) Fire and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in so-called “all riskfire and extended coverage” form with a sprinkler insuring Tenant against loss from physical damage endorsement insuring the replacement value of all Landlord’s and to Tenant’s personal property, inventory, trade fixtures, fixtures and leasehold improvements within the Leased Premises with coverage for the full actual replacement value cost thereof. The proceeds from any ;
(3) Plate-glass insurance, at actual replacement cost;
(4) Pressure vessel insurance, if applicable;
(5) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of such policies shall be used the distribution, sale, use or consumption of food and/or beverages (including alcoholic beverages, if applicable, at the leased Premises) for the repair or replacement of such items so insured. Tenant shall also maintain policy(iesnot less than Lenant’s Required Liability Coverage (as set forth in Article 1);
(6) of workmen’s Workers compensation insurance and any other employee benefits benefit insurance sufficient to comply with all laws. Laws; and
(7) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, contingent liability and builder’s risk insurance, in an amount and with coverage satisfactory to Landlord.
B. Each policy of liability insurance required to be carried by Tenant pursuant to this Paragraph or actually carried by Tenant with respect to the Leased Premises or the Property (i) shall, except with respect to insurance required by Subparagraph A(6) above, name landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord; and (vi) shall contain a so-called “Severability” or “cross liability” endorsement. Each policy of property, insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its sole cost principals, officers, employees, agents and expensecontractors, comply which might arise by reason of any payment under such policy or by reason of any omission of Landlord, its principals, officers, employees, agents or contractors.
C. Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by tenant pursuant to this Article, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying in form reasonably satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than thirty days prior to the expiration or cancellation of the policy being renewed or replaced. Landlord may, at any time and from time to time, inspect and/or copy any and all requirementsinsurance policies required to be carried by Tenant pursuant to this Article. If Landlord’s Lender, pertaining insurance broker or advisor or counsel reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1A for any policy of insurance Tenant is required to said Premisescarry pursuant to this Article is not adequate, then Tenant shall increase the amount of any coverage for such insurance organization to such greater amount as Landlord’s Lender, insurance broker or companyadvisor or counsel reasonably deems adequate; provided, necessary however, such increased level of coverage may not exceed the level of coverage for the maintenance of reasonable fire such insurance commonly carried by comparable businesses similarly situated and public liability insuranceoperating under similar circumstances.
Appears in 1 contract
Samples: Consent to Sublease (Alphasmart Inc)
Tenant’s Insurance. (a) The Tenant agreeswill, throughout the Term (and at any other time during which the Tenant is in possession of the Leased Premises), at Tenant’s its expense, to secure take out and keep in full force during and effect the term following insurance:
(i) all risks (including flood and earthquake) property insurance, in an amount equal to the full replacement cost (new) of all improvements, equipment and chattels in or serving the Leased Premises or for which the Tenant is legally liable;
(ii) extra expense insurance in such amount as will reimburse the Tenant for loss attributable to all perils insured against in Section 7.01(a)(i) inclining prevention of access to the Leased Premises or the Building as a result of such perils;
(iii) if applicable, broad form boiler and machinery insurance on a blanket repair and replacement basis with limits for each accident in an amount of not less than the replacement cost (new) 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 the Leased Premises, or relating to or serving the Leased Premises;
(iv) public liability and property damage insurance, including personal injury liability, blanket contractual liability, employers' liability, occurrence property damage and owners' and contractors' protected insurance coverage, with the coverage to include the activities and operations of the Tenant and any other person on the Leased Premises or performing work for the Tenant and all others for whom the Tenant is in law responsible in any other part of the Building and the Lands. The policies will,
(1) be written on a comprehensive basis with inclusive limits of not less than two million dollars ($2,000,000) for bodily injury to any one or more persons, or property damage, and such higher limits as the Landlord, acting reasonably, or the Mortgagee requires from time to time; and
(2) name the Landlord, the Owners and the Mortgagee as insureds and contain severability of interest and cross-liability clauses;
(v) broad form Tenant's legal liability insurance for the actual cash value of the Leased Premises, including loss of use thereof;
(vi) two million dollars ($2,000,000) inclusive limits automobile liability insurance on a non-owned form including contractual liability, and on an owner's form, covering all licensed vehicles operated by or on behalf of the Tenant; and
(vii) any other form of insurance as the Tenant or the Landlord, acting reasonably, or the Mortgagee requires from time to time in form, in amounts and for insurance risks against which a prudent tenant would insure.
(b) The Tenant's policies will:
(i) with respect to leasehold improvements, contain the Mortgagee's standard mortgage clause;
(ii) with respect to property and extra expense insurance, name the Landlord as an insured and contain a waiver of any subrogation rights which the Tenant's insurers may have against the Landlord and those for whom the Landlord is in law responsible, whether the damage is caused by the act, omission or negligence of the Landlord or those for whoa the Landlord is in law responsible;
(iii) be taken out with insurers reasonably acceptable to the Landlord and in a form reasonably satisfactory to the Landlord;
(iv) be non-contributing with and apply only as primary and not as excess to any other insurance available to the Landlord, the Owners or the Mortgagee;
(v) not be invalidated as respects the interests of the Landlord, the Owners, and the Mortgagee by reason of any breach or violation of any warranties, representations, declarations or conditions contained in the policies; and
(vi) contain an undertaking by the insurers to notify the Landlord, the owners, and the mortgagee in writing by registered mail not less than thirty (30) days prior to any cancellation or material change that reduces or restricts the insurance. The Tenant agrees that certificates of insurance on the Landlord's standard form or, if required by the Mortgagee, evidence in the form of notarized, certified copies of the policies signed by the insurers, will be delivered to the Landlord as soon as practicable after the placing of the required insurance.
(c) If there is damage or destruction to the leasehold improvements in the Leased Premises, the Tenant will use the insurance proceeds for the sole purpose of repairing or restoring the leasehold improvements. In the event of damage to or destruction of the Building entitling the Landlord to terminate this Lease under Section 9.02, then, if the Leased Premises have also been damaged or destroyed, the Tenant will forthwith pay the Landlord all of its insurance proceeds relating to the leasehold improvements, and if the Leased Premises have not been damaged or destroyed, the Tenant shall upon demand deliver to the Landlord, in accordance with this Lease, the leasehold improvements and the Leased Premises. In the event that the Tenant's insurance proceeds exceed Seven Hundred and Fifty Thousand Dollars ($750,000.00) and the Tenant is obligated in accordance with the terms of this Lease a policy of comprehensive general liability insurance for personal injury (including death) to repair and property damage occurring in, on or about restore the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parkingand the cost of such repairs and restoration, walkways arid landscaped areas, in subject to the minimum amount approval of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of the Landlord, contingent or otherwiseacting reasonably, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including is an amount greater than Seven Hundred and Fifty Thousand Dollars (without limitation$750,000.00) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no but less than A12 by Best’sthe Tenant's proceeds, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. the Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring retain the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancebalance.
Appears in 1 contract
Tenant’s Insurance. (a) Tenant agreesshall, at Tenant’s expense, to secure and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance hereof and any other employee benefits sufficient to comply with all laws. Tenant shallperiod of occupancy, at its sole cost and expense, comply keep in full force and effect the following insurance:
(i) Standard form property insurance insuring against the perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage ("All-Risk") and sprinkler leakage. This insurance policy shall be upon all property owned by Tenant, for which Tenant is legally liable or that was installed at Tenant's expense, and which is located in the Project including, without limitation, furniture, fittings, installations, fixtures (other than Tenant improvements installed by Landlord), and any other personal property in an amount not less than ninety percent of the full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, the decision of Landlord or any mortgagees of Landlord shall be conclusive. This insurance policy shall also be upon direct or indirect loss of Tenant's earnings attributable to Tenant's inability to use fully or obtain access to the Premises or Building in an amount as will properly reimburse Tenant. Such policy shall name Landlord and any mortgagees of Landlord as insured parties, as their respective interests may appear.
(ii) Comprehensive General Liability Insurance insuring Tenant against any liability arising out of the lease, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the amount of $2,000,000 Combined Single Limit for injury to, or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence, with such liability amount to be adjusted from year to year to reflect increases in the Consumer Price Index. The policy shall insure the hazards of premises and operation, independent contractors, contractual liability (covering the Indemnity contained in Paragraph 18 hereof) and shall (1) name Landlord as an additional insured, and (2) contain a cross liability provision, and (3) contain a provision that "the insurance provided the Landlord hereunder shall be primary and non-contributing with any other insurance available to the Landlord."
(iii) Workers' Compensation and all requirementsEmployer's Liability insurance (as required by state law).
(iv) Any other form or forms of insurance as Tenant or Landlord or any mortgagees of Landlord may reasonably require from time to time in form, pertaining in amounts and for insurance risks against which a prudent tenant would protect itself.
(b) All policies shall be written in a form satisfactory to said PremisesLandlord and shall be taken out with insurance companies holding a General Policyholders Rating of "A" and a Financial Rating of "X" or better, as set forth in the most current issue of any insurance organization Bests Insurance Guide. Within ten days after the execution of this Lease, Tenant shall deliver to Landlord copies of policies or company, necessary for the maintenance of reasonable fire and public liability insurance.certificates evidencing the
Appears in 1 contract
Samples: Office Lease (Brightstar Information Technology Group Inc)
Tenant’s Insurance. Tenant agrees, at Tenant’s expense, to secure and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including deatha) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at the following insurance ("Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall's Insurance"), at its sole cost and expense: (1) commercial general liability insurance applicable to the Premises and its appurtenances providing, comply on an occurrence basis, a per occurrence limit of no less than $3,000,000; (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 full replacement cost thereof; (3) business income (formerly "business interruption") insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; (4) business automobile liability insurance to cover all owned, hired and non-owned automobiles owned or operated by Tenant providing a minimum combined single limit of $1,000,000; (5) workers' compensation insurance as required by the state in which the Premises is located and in amounts as may be required by applicable statute (provided, however, if no workers' compensation insurance is statutorily required, Tenant shall carry workers' compensation insurance in a minimum amount of $500,000); (6) employer's liability insurance in an amount of at least $500,000 per occurrence; and (7) umbrella liability insurance that follows form in excess of the limits specified in (1), (4) and (6) above, of no less than $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 A- and a Financial Size Category of not less than VIII. All commercial general liability, business automobile liability, liquor liability and umbrella liability insurance policies shall name Landlord (or any successor), Landlord's property manager, Landlord's Mortgagee (if any) and their respective members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord as the interest of such designees shall appear, as "additional insured" and shall be primary with Landlord's policy being secondary and non-contributory, IT BEING THE INTENT THAT SUCH POLICIES AFFORD INSURANCE COVERAGE TO LANDLORD AND THE PROPERTY MANAGER AGAINST CLAIMS FOR PERSONAL OR BODILY INJURY OR DEATH OR PROPERTY DAMAGE OCCURRING UPON, IN OR ABOUT THE PREMISES AS THE RESULT OF THE NEGLIGENCE OF LANDLORD OR THE PROPERTY MANAGER, whether or not required by the other provisions of this Lease. 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 ten (10) days of the date of reduction. All policies of Tenant's Insurance shall contain endorsements that the insurer(s) shall give Landlord and its designees at least 30 days' advance written notice of any change, cancellation, termination or lapse of insurance. Tenant shall provide Landlord with a certificate of insurance and all requirementsrequired endorsements evidencing Tenant's Insurance prior to the earlier to occur of the Commencement Date or the date Tenant is provided access to the Premises for any reason, pertaining and upon renewals at least ten (10) days prior to said Premisesthe expiration 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 Landlord. The limits of any Tenant's insurance organization or company, necessary for the maintenance of reasonable fire and public shall not limit Tenant's liability insuranceunder this Lease.
Appears in 1 contract
Tenant’s Insurance. Tenant agrees, at Tenant’s expense, to secure and keep in force shall carry insurance during the term of this Lease a policy of comprehensive entire Term hereof with terms, coverages and companies satisfactory to Landlord and with such increases in limits as Landlord may request from time to time, but initially Tenant shall maintain the following coverages in the following amounts:
(a) Commercial general liability insurance for personal injury (insurance, including death) and property damage occurring incontractual liability, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areasan occurrence basis, in an amount not less than Three Million Dollars ($3,000,000.00) per occurrence, covering Tenant as a named insured and Landlord and the minimum amount managing agent for the Building and the respective officers, directors, shareholders, partners, agents and employees of $2,000,000 combined single limit. Such insurance shall be primary each of the foregoing as additional insureds.
(b) Insurance against fire, sprinkler leakage and noncontributory with respect vandalism, and the extended coverage perils for the full replacement cost of all non affixed additions, improvements and alterations to any insurance carried the Premises owned or made by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunderif any, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventoryoffice furniture, trade fixtures, office equipment, merchandise and leasehold improvements within all other items of Tenant's property on the Premises Premises, with loss or damage payable to Landlord and Tenant as their interests may appear.
(c) Workers' Compensation with statutory limits as they apply to the State of Illinois with Employer's Liability limits of not less than $500,000 each employee, $500,000 policy Limit and $500,000 each employee by disease.
(d) Commercial Automobile coverage of not less than $1,000,000 covering all hired, non-owned, leased and owned automobiles.
(e) Improvements and Betterments Insurance against "all risks" (including sprinkler leakage, if applicable) for the full replacement value thereof. The proceeds from any cost of such policies shall be used for all additions, improvements, and alterations to the repair or replacement of such items so insured. Premises, including, but not limited to, the Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shallImprovements, at its sole cost and expense, comply with any and all requirements, pertaining to said other items of Tenant's property in the Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.
Appears in 1 contract
Samples: Office Lease (Picis Inc)
Tenant’s Insurance. Tenant agrees, at Tenant’s expense, to secure and shall keep in force at its own expense, so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 35, Section 10, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits, and (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord. Such policies shall be maintained in companies rated in Best's Insurance Guide at least "A" as to general policyholder's rating and "X" as to financial strength, and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Upon request from Landlord, Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the term Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a policy of non-deductible (i) comprehensive general liability insurance for personal injury (including death) and policy, including, but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage occurring inendorsement and contractor's protective liability coverage, on or about the Premisesto afford protection with limits per person and for each occurrence, including without limitation Initials /s/ IH Initials /s/ JMJ parkingof not less than Two Hundred Thousand Dollars ($200,000.00), walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen's compensation insurance or omissions similar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises limited to the allowance for Tenant, its agents, employees 's Improvements by or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure on behalf of Tenant whether pursuant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions terms of Section 1435, Section 10, or otherwise. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. If Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient fails to comply with all laws. Tenant shallits covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole cost judgment deems necessary to be issued, and expensein such event Tenant agrees to pay promptly upon Landlord's demand, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary as additional rent the premiums for the maintenance of reasonable fire and public liability such insurance.
Appears in 1 contract
Tenant’s Insurance. Tenant agrees, at Tenant’s expense, to secure and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole own expense and cost, maintain the following policies of insurance in full force and effect during the Lease Term:
(a) All risk" insurance, including but not limited to, loss or damage occasioned by fire, the perils included in the so-called extended coverage endorsement, vandalism and malicious mischief, sprinkler leakage, collapse, explosion, earthquake, flood and water damage and containing Replacement Cost, Lease Amount and Demolition and Increased Cost due to Ordinance endorsements covering the Leased Premises and all replacements and additions thereto, and all fixtures and equipment. The foregoing coverage shall be provided in amounts sufficient to provide one hundred percent (100%) of the full replacement cost of the Leased Premises, and shall be determined from time to time, but not more frequently than once in any twenty-four (24) calendar months, at Tenant's expense, comply with at the request of Landlord, by any appraiser selected by Tenant and all requirementsapproved by Landlord and the insurance carrier, pertaining which approval by Landlord shall not be unreasonably withheld, conditioned or delayed.
(b) comprehensive general liability insurance applying to said the use and occupancy of the Leased Premises, or any part thereof, and the business operated by Tenant on the Leased Premises, with coverages including, but not limited to, premises operations, explosion, collapse, sprinkler leakage, and products and completed operations, blanket contractual, Broad Form property damage, and independent contractors. Such insurance shall include Broad Form Contractual liability insurance coverage insuring all of any Tenant's indemnity obligations under this Lease. The general liability coverage shall have a minimum combined single limit of liability of at least One Million Dollars ($1,000,000.00) and a general aggregate limit of One Million Dollars ($1,000,000.00). Tenant shall carry an umbrella policy in the amount of at least twenty-five million dollars ($25,000,000).
(c) Workers' compensation insurance organization or company, necessary for the maintenance of reasonable fire in accordance with applicable Law and public employers' liability insurance.
(d) Boiler and Machinery Broad Form policy covering explosion insurance in respect of steam and pressure boilers and similar apparatus, if any, located on the Leased Premises in an amount equal to one hundred percent (100%) of the full replacement cost of the Leased Premises.
(e) Such other insurance with respect to the Leased Premises as Landlord or any Lender, from time to time may reasonably request against such insurable hazards or LOT A risks which at the time in question are commonly insured against in the case of property similar to, or whose use is similar to the use of, the Leased Premises.
Appears in 1 contract
Samples: Lease Agreement (Corporate Office Properties Trust Inc)
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
(a) Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(i) Commercial general liability insurance insuring Tenant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant’s _se or occupancy of the Leased Premises, the Building, the Outside Areas or the Property, or resulting from Tenant’s activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant’s Required Liability Coverage (including deathas set forth in Article 1), which insurance shall contain “blanket contractual liability” and “broad form property damage” endorsements insuring Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in this Lease.
(ii) Fire and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all riskspecial form” form with a sprinkler coverage insuring Tenant against loss from physical damage endorsement insuring the replacement value of all Landlord’s and to Tenant’s personal property, inventory, trade fixtures, fixtures and leasehold improvements within the Leased Premises with coverage for the full actual replacement value cost thereof. The proceeds from any ;
(iii) Business income/extra expense insurance sufficient to pay Base Monthly Rent and Additional Rent for a period of such policies shall be used for the repair or not less than twelve (12) months;
(iv) Plate glass insurance, at actual replacement of such items so insured. Tenant shall also maintain policy(iescost;
(v) of workmen’s Workers’ compensation insurance and any other employee benefits (statutory coverage) with employer’s liability in amounts not less than $1,000,000 insurance sufficient to comply with all laws. ; and
(vi) With respect to making of any alterations or modifications or the construction of improvements or the like undertaken by Tenant, course of construction, commercial general liability, automobile liability and workers’ compensation (to be carried by Tenant’s contractor), in an amount and with coverage reasonably satisfactory to Landlord.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually earned by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraphs (a)(ii) and (a)(viii) above, name Landlord, and such others as are reasonably designated by Landlord, as additional insureds; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to landlord with Best’s ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord, and (vi) shall contain a so-called “severability” or “cross liability” endorsement. Each policy of property insurance maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its sole cost partners, principals, members, officers, employees, agents and expensecontractors, comply which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, officers, employees, agents and contractors.
(c) Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than thirty days prior to the expiration or cancellation of the policies being renewed or replaced. Landlord may, at any time and from time to time, inspect and/or copy any and all requirementsinsurance policies required to be carried by Tenant pursuant to this Article If Landlord’s Lender, pertaining insurance broker, advisor or counsel reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1 (a) for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, then Tenant shall increase the amount of coverage for such insurance to such greater amount as Landlord’s Lender, insurance broker, advisor or counsel reasonably deems adequate not to exceed an increase by ten percent (10%) of the premium therefore. In the event Tenant does not maintain said Premisesinsurance, Landlord may in its sole discretion and without waiving any other remedies hereunder, procure said insurance and Tenant shall pay to Landlord as additional rent the cost of any said insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceplus a ten percent (10%) administrative fee.
Appears in 1 contract
Tenant’s Insurance. (a) Tenant agreesshall, at Tenant’s expense, to secure and keep in force during the term hereof and any other period of this Lease a policy occupancy, at it's sole cost and expense, keep in full force and effect the following insurance:
(i) STANDARD FORM PROPERTY INSURANCE insuring against the perils of comprehensive general liability insurance for personal injury fire, extended coverage, vandalism, malicious mischief, special extended coverage (including death"All Risk") and sprinkler leakage. This insurance policy shall be upon all property damage occurring inowned by Tenant, on for which Tenant is legally liable or about that was installed at Tenant's expense, and which is located in the PremisesBuilding including, including without limitation Initials /s/ IH Initials /s/ JMJ parkinglimitation, walkways arid landscaped areasfurniture, fittings, installations, fixtures (other than Tenant Improvements installed by Landlord), and any other personal property, in an amount not less than the minimum full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, the decision of $2,000,000 combined single limitLandlord or any mortgagees of Landlord shall be conclusive. This insurance policy shall also be upon direct or indirect loss of Tenant's earnings attributable to Tenant's inability to use fully or obtain access to the Premises or Building in an amount as will properly reimburse Tenant. Such policy shall name Landlord and any mortgagees of Landlord as insured parties, as their respective interests may appear.
(ii) COMMERCIAL LIABILITY INSURANCE insuring Tenant against any liability arising out of the lease, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be primary in the amount of $3,000,000.00 combined single limit for injury to, or death of one or more persons in an occurrence, and noncontributory for damage to tangible property (including loss of use) in an occurrence, with respect such liability amount to any insurance carried by Landlordbe adjusted from year to year to reflect increases in the Consumer Price Index. Such policy(iesThe policy shall insure the hazards of premises and operations, independent contractors, contractual liability (covering the indemnity contained in Paragraph 18 hereof) and shall (1) name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunderinsured, and shall (2) contain a provision that the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of insurance provided the indemnity provisions of Section 14. hereof. Such policy(ies) Landlord hereunder shall be issued by an primary and noncontributing with any other insurance company licensed available to transact business the Landlord.
(iii) WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE (AS REQUIRED BY STATE LAW).
(iv) Any other form or forms of insurance as Tenant or Landlord or any mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself.
(b) All policies shall be written in a form satisfactory to Landlord and shall be taken out with insurance companies holding a General Policyholders Rating of "A" and a Financial Rating of "X" or better, as set forth in the State most current issue of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon Bests Insurance Guide. Within ten (10) days after the execution of this Lease, Tenant shall adhere to Landlord copies of policies or certificates evidencing the existence of the amounts and forms of coverage satisfactory to Landlord. No such policy shall be cancelable or reducible in coverage except after thirty (30) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(iesshall, within ten (10) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring days prior to the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any expiration of such policies shall be used for the repair policies, furnish Landlord with renewals or replacement of "binders" thereof, or Landlord may order such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and charge the cost thereofto Tenant as additional rent. If Landlord obtains any other employee benefits sufficient insurance that is the responsibility of Tenant under this section, Landlord shall deliver to comply with all laws. Tenant shall, at its sole a Written statement setting forth the cost and expense, comply with any and all requirements, pertaining to said Premises, of any such insurance organization or company, necessary for and showing in reasonable detail the maintenance of reasonable fire and public liability insurancemanner in which it has been computed.
Appears in 1 contract
Samples: Office Building Lease (Xacct Technologies 1997 LTD)
Tenant’s Insurance. 13.2.1 Tenant agrees, at Tenant’s expense, to secure covenants and keep in force agrees that from and after the Commencement Date and during the term Term (and thereafter for so long as Tenant is in occupancy of this Lease a policy any part of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord or for such longer period as an additional insured(sspecified herein), Tenant shall insure any liability carry and maintain, at its sole cost, the types of Landlordinsurance specified in Exhibit 13.2.1 hereto, contingent or otherwisenaming all Landlord Parties, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereundertheir successors and assigns, and shall contain the insurerXxxxxxxx’s waiver of subrogation against Landlordlender (as well as additional parties, its agentsif any, employees and invitees. Such policy(iesnamed below) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’sas additional insured or loss payee, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlordas applicable. Tenant shall at all times deposit and maintain a current copy or detailed certificate furnish Landlord with reasonably satisfactory evidence that the coverages required under this Section 13.2.1 are in effect, together with proof of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value payment of all Landlord’s and Tenant’s personal propertypremiums therefor, inventory, trade fixturesat least five (5) Business Days before the Commencement Date, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair at least annually thereafter or replacement of such items so insured. as requested by Landlord.
13.2.2 Tenant shall also maintain policy(ies) of workmen’s compensation insurance covenants and any other employee benefits sufficient to comply with all laws. agrees that Tenant shall, at its sole cost cost, secure and expensemaintain in full force and effect the insurance coverages specified in Exhibit 13.2.2 hereto at all times during the design, construction, and installation of Tenant’s Removable Property and of any permitted Alterations, and further that Tenant shall require all of Tenant’s contractors and subcontractors to maintain the same at all times during the design, construction, and installation of Tenant’s Removable Property and of any permitted Alterations. Tenant shall furnish Landlord with reasonably satisfactory evidence that the coverages required under this Section 13.2 are in effect, together with proof of payment of all premiums therefor, before commencing installation of Tenant’s Removable Property or work on any permitted Alterations, respectively, and shall further provide such satisfactory evidence to Landlord on request at reasonable intervals thereafter during the continuance of such installation or permitted Alterations.
13.2.3 All pertinent policies of insurance shall name all Landlord Parties, their successors and assigns, and Landlord’s lender (as well as additional parties, if any, requested by Landlord) as additional insured or loss payee, as applicable, Tenant shall maintain all insurance coverages required under this Lease with insurance companies authorized to do business in the State of Florida and rated A:IX or better in the most current edition of Best’s Insurance Report or a Standard and Poor’s rating of “AA” (or the then equivalent of such rating)
13.2.4 Tenant may maintain any of its required insurance coverages under blanket policies of insurance covering said Premises and other premises of Tenant, or companies affiliated with Tenant, provided that any such policy shall in all other respects comply with the requirements of this Lease.
13.2.5 Each insurance policy required under this Section 13.2 shall not have more than a $100,000 deductible or retention for any and all requirementsoccurrence, pertaining to said Premisesexcept for Casualty insurance which carries a deductible of $500,000.
13.2.6 Each insurance policy required under this Section 13.2 shall provide that Landlord be given written notice at least five (5) Business Days before the expiration, material alteration, cancellation, or non-renewal of any policies, and that any loss otherwise payable to them thereunder shall be paid notwithstanding any act or negligence on their part or that of the Tenant that might, absent such provision, result in a forfeiture of all or part of such insurance organization payment. If Tenant fails to furnish said notice or companypolicies as provided in this Lease, necessary for and at the maintenance of reasonable fire times herein provided, Landlord may obtain such insurance and public liability insurancethe premiums on such insurance shall be deemed to be Additional Rent to be paid to Landlord upon demand. Final insurance policies shall be sent to the attention of: Xxxxxx-Xxxxxx Charter School Facilities Fund II, L.P., 0000 Xxxxxxx Xxxx., Xxxxx 0000, Xxxxx Xxxxxx, XX 00000, Attn: Xxxx Xxxxxx Xxxxxxx, Esq., Email: xxxxxxxx@xxxxxxxxxxxx.xxx.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Insurance. At its own expense the Tenant agrees, at Tenant’s expense, to secure shall take out and keep thereafter maintain in force at all times during the term Term and at all times when the Tenant is in possession of this Lease the Leased Premises insurance policies as follows:
(a) all risks insurance on Leasehold Improvements and on all other property of every description, nature and kind owned by the Tenant or for which the Tenant is legally liable, which is installed, located or situate within the Leased Premises or elsewhere in the Project, including without limitation, all inventory or stock-in-trade in an amount not less than the full replacement cost thereof without deduction for depreciation; such insurance shall be subject to a policy replacement cost endorsement and shall include a stated amount co-insurance clause and a breach of conditions clause;
(b) comprehensive or commercial general liability insurance for personal bodily injury (including death) and property damage liability insurance to respond to any and all incidents occurring in, on or about in the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, Leased Premises in the minimum amount of $2,000,000 combined single limit. Such 3,000,000 per occurrence including the following extensions: owners and contractors protective; limited pollution coverage endorsement; products and completed operations; personal injury; occurrence basis property damage; blanket contractual and non-owned automobile liability; such insurance shall be primary include the Landlord and noncontributory the Landlord's agent and nominee (if any) as named additional insureds, and shall protect the Landlord and the Landlord's agent and nominee (if any) in respect of all Claims, including Claims by the Tenant, as if the Landlord and the Landlord's agent and nominee (if any) were separately insured; such insurance shall include cross liability and severability of interest clauses;
(c) boiler and machinery insurance, if applicable, including repair or replacement endorsement in an amount satisfactory to the Landlord and providing coverage with respect to all objects introduced into the Leased Premises by or on behalf of the Tenant or otherwise constituting Leasehold Improvements;
(d) plate glass insurance on all internal and external glass within or fronting the Leased Premises;
(e) business interruption insurance on the profit form providing all risks coverage with a period of indemnity of not less than twelve (12) months and subject to a stated amount co-insurance clause; and
(f) any other form of insurance carried in such amounts and against such risks as the Landlord may from time to time reasonably require. The Tenant acknowledges and agrees that it shall be solely responsible for insuring the Leasehold Improvements, its equipment and stock and any other property owned or brought into the Leased Premises by the Tenant whether affixed to the Building or not. The insurance policies referred to in this Section shall be subject to such higher limits as the Tenant, or the Landlord acting reasonably, or any mortgagee of the Landlord's interest in the Project may require from time to time. The policies of insurance referred to in Sections 9.02(a), (c), (d), (e), and (f) shall contain a waiver of the insurer's right of subrogation as against the Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability The Tenant hereby waives its right of recovery against the Landlord, contingent or otherwise, its employees and those for whom the Landlord is in law responsible with respect to acts occurrences required to be insured against by the Tenant hereunder. Any and all deductibles in the Tenant's insurance policies shall be borne solely by the Tenant and shall not be recovered or omissions attempted to be recovered from the Landlord. In addition, all such policies shall be non-contributing with, and will apply only as primary and not excess to, any insurance proceeds available to the Landlord. The Tenant shall provide to the Landlord at the commencement of Tenantthe Term and at least thirty (30) days prior to the renewal of all insurance referred to in this Section 9.02, its agentsand promptly at any time upon request, employees a certificate of insurance evidencing the insurance coverage maintained by the Tenant in accordance with this Section 9.02. The delivery to the Landlord of a certificate of insurance or invitees any review thereof by any conduct or transactions on behalf of any the Landlord shall not limit the obligation of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe provide and maintain insurance pursuant to this Section 9.02 or perform any of its obligations hereunder, and derogate from the Landlord's rights if the Tenant shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and inviteesfail to fully insure. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and All policies shall provide that such the insurance shall not be canceled cancelled or materially amended, except upon ten changed to the prejudice of the Landlord without at least thirty (1030) days prior written notice given by the insurer to the Landlord. All policies of insurance shall be placed with a company licensed to sell commercial insurance in Canada. The Tenant acknowledges and agrees that, if it fails to obtain and maintain in force any of the insurance policies set out in this Section 9.02, then the Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance indemnify the Landlord in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, respect of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancelosses arising therefrom.
Appears in 1 contract
Samples: Lease Extension and Amending Agreement (Nevada Geothermal Power Inc)
Tenant’s Insurance. (a) Commercial General Liability Insurance. Tenant agreesshall, at Tenant’s expense, to secure and keep in force during the term of this Lease a policy of comprehensive “broad form” commercial general liability insurance for personal injury (including death) and property damage occurring in, on or about policy covering the Premises, including insuring Tenant, and naming Landlord, Landlord’s investment advisors, property managers and agents from time to time, including, without limitation Initials /s/ IH Initials /s/ JMJ parkinglimitation, walkways arid landscaped areasUBS Realty Investors LLC, and Landlord’s lenders as additional insureds (collectively, “Landlord’s Insureds”) against any liability arising out of the ownership, use, occupancy or maintenance of the Premises. The minimum limit of coverage of such policy shall be in the minimum amount of not less than Three Million Dollars ($2,000,000 combined single limit3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, shall include an extended liability endorsement providing contractual liability coverage (which shall include coverage for Tenant’s indemnification obligations in this Lease), and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall be primary further insure Landlord and noncontributory with respect Tenant against liability for property damage of at least Three Million Dollars ($3,000,000.00). Landlord may from time to time require reasonable increases in any insurance carried by Landlordsuch limits if Landlord believes that additional coverage is necessary or desirable. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions The limit of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not limit the liability of Tenant hereunder. No policy maintained by Tenant under this Paragraph 15(a) shall contain a deductible greater than five thousand dollars ($5,000.00). No policy shall be canceled cancelable or materially amendedsubject to reduction of coverage without thirty (30) days prior written notice to Landlord (except in the event of cancellation as a result of nonpayment, except upon in which case the insurer shall give Landlord at least ten (10) days prior written notice notice). Such policies of insurance shall be issued as primary policies and not contributing with or in excess of coverage that Landlord may carry, by an insurance company authorized to Landlorddo business in the state/commonwealth in which the Premises are located for the issuance of such type of insurance coverage and rated B+:XIII or better in Best’s Key Rating Guide. Tenant shall at all times deposit and maintain a current copy or detailed certificate The amount of said policy(ies) with Landlord. Tenant shall at liability coverage required hereunder may be achieved by Tenant’s cost maintain policy(ies) of insurance in obtaining excess liability or “all riskumbrella” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at supplement its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceprimary policy.
Appears in 1 contract
Samples: Warehouse/Industrial Lease Agreement
Tenant’s Insurance. Tenant agreesshall maintain insurance as follows, at with such other terms, coverages and insurers, as Landlord shall reasonably require from time to time:
(1) Commercial general liability insurance, with (a) contractual liability including the indemnification provisions contained in this Lease, (b) a severability of interest endorsement, (c) limits of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence and not less than Two Million Dollars ($2,000,000) in the aggregate for bodily injury, sickness or death, and property damage, and umbrella coverage of not less than Five Million Dollars ($5,000,000).
(2) Property Insurance against “All Risks” of physical loss covering the replacement cost of all improvements, fixtures and personal property and business interruption. Tenant waives all rights of subrogation, and Tenant’s expenseproperty insurance shall include a waiver of subrogation in favor of Landlord.
(3) Workers’ compensation or similar insurance in form and amounts required by law, to secure and keep Employer’s Liability with not less than the following limits: Each Accident $ 500,000 Disease—Policy Limit $ 500,000 Disease—Each Employee $ 500,000 Such insurance shall contain a waiver of subrogation provision in force during the term favor of this Lease a policy of comprehensive general liability insurance for personal injury (including death) Landlord and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limitits agents. Such Tenant’s insurance shall be primary and noncontributory with respect not contributory to any insurance that carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees or mortgagee. Landlord, and invitees. Such policy(ies) if any, Landlord’s building manager or agent, mortgagee and ground lessor shall insure performance by Tenant be named as additional insureds as respects to insurance required of the indemnity provisions Tenant in Section 9C(1). The company or companies writing any insurance which Tenant is required to maintain under this Lease, as well as the form of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’ssuch insurance, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit be subject to Landlord’s approval, and any such company shall be licensed to do business in the state in which the Building is located. Such insurance companies shall have an A.M. Best rating of A VI or better.
(4) Tenant shall cause any contractor of Tenant performing Work on the Premises to maintain a current copy or detailed certificate insurance as follows, with such other terms, coverages and insurers, as Landlord shall reasonably require from time to time:
(a) Commercial General Liability Insurance. including contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement, and contractor’s protective liability coverage, to afford protection with limits, for each occurrence, of said policy(iesnot less than One Million Dollars ($1,000,000) with respect to personal injury, death or property damage. Such policy or policies shall also cover any Work which is performed by subcontractors hired by such contractor.
(b) Workers’ compensation or similar insurance in form and amounts required by law, and Employer’s Liability with not less than the following limits: Each Accident $500,000 Disease—Policy Limit $500,000 Disease—Each Employee $500,000 Such insurance shall contain a waiver of subrogation provision in favor of Landlord and its agents. Tenant’s contractor’s insurance shall be primary and not contributory to that carried by Tenant, Landlord, their agents or mortgagees. Tenant and Landlord, and if any, Landlord’s building manager or agent, mortgagee or ground lessor shall at be named as additional insured on Tenant’s cost maintain policy(ies) of contractor’s insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancepolicies.
Appears in 1 contract
Samples: Sublease (Vitria Technology Inc)
Tenant’s Insurance. A. Tenant agreesshall procure and maintain, or cause to be maintained, at all times during the Term, at Tenant’s 's sole cost and expense, to secure and keep until each and every obligation of Tenant contained in force during the term of this Lease has been fully performed, no less than the following insurance: (i) insurance covering all of Tenant's employees for Worker's Compensation, in statutory amounts, and Employer's liability coverage of: $1,000,000.00 for each accident, each 992596_11 10 employee and per policy and shall include a policy waiver of comprehensive general subrogation in favor of Landlord and Landlord's property manager; (ii) Commercial General Liability covering Tenant against any claims arising out of liability insurance for bodily injury and death and personal injury (including death) and advertising injury and property damage occurring in, on or in and about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in and/or the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary Building and noncontributory with respect to otherwise resulting from any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions and operations of Tenant, its agents, employees contractors, invitees and employees, with combined single limit of $1,000,000.00 per occurrence and $2,000,000.00 annual general aggregate. Coverage shall include premises liability, products/completed operation liability, fire legal liability, host liquor liability and contractual liability including coverage for insured contracts; (iii) when any motor vehicles are used in connection with this Lease, Tenant shall provide Automobile Liability Insurance to include owned, non-owned or invitees hired automobiles and automobile contractual liability with limits of not less than $1,000,000.00 combined single limit and such other coverages as required by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant laws of the indemnity State where the Premises are located; (iv) Umbrella Liability Insurance to be excess and follow-form over the Commercial General Liability, Automobile Liability and Employer's Liability Insurance. The Umbrella Liability policy shall be written on an "occurrence" form with a limit of liability of $5,000,000.00 and a Self-Insured Retention no greater than $10,000.00; (v) property coverage provided under a Special Form or "All Risks" policy, in an amount of the full replacement cost value of the Tenant's Property (which shall include Alterations) and include an agreed amount endorsement waiving any coinsurance limitation; (vi) Business Income coverage with limits not less than an amount necessary to cover continuing expenses including Rent and extra expenses for at least one (1) year; and (vii) such other policy or policies as are deemed reasonably necessary by Landlord. If, pursuant to the provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business 1.1 of this Lease, Tenant is in the State business of California manufacturing, selling, distributing, serving or furnishing alcoholic beverages, then Tenant shall obtain and rated maintain, throughout the entire Term, liquor liability and dram shop insurance, in such amounts as Landlord may require, and if no such amount is specified by Landlord, in amounts no less than A12 the minimums required by Best’sApplicable Law. In addition to the aforementioned insurances, and shall provide that during any such insurance shall not be canceled time as any alterations or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall work is being performed at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for (except that work being performed by the full replacement value thereof. The proceeds from any Landlord or on behalf of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(iesLandlord) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shallTenant, at its sole cost and expense, comply shall carry, or shall cause to be carried and shall deliver to Landlord at least ten (10) days prior to commencement of any such alteration or work, evidence of insurance with respects 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, to the extent such alterations or work may require, on a completed value form including permission to occupy, covering all physical loss or damages, in an amount and kind reasonable satisfactory to Landlord, and (d) 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.
B. All of Tenant's insurance policies shall: (i) be written with insurance companies authorized to do business in the State where the Premises are located, acceptable to Landlord, with a minimum A.M. Best rating of A-VII; (ii) name Landlord, Landlord's mortgagee and other parties as designated by Landlord, as additional insureds and loss payees as their respective interests may appear and shall provide such additional insured status for on-going and completed operations, (iii) provide defense expense in addition to the limit of liability stated in the policy, (iv) be primary and non contributory and (v) provide a waiver of subrogation endorsement in favor of Landlord and other parties as required by Landlord. Tenant agrees and shall provide thirty (30) days advance written notice of cancellation or non-renewal for any reason (except ten (10) days for non-payment of premium) to Landlord with regard to any policies of insurance required herein above. Tenant shall furnish to Landlord, prior to the Commencement Date, and thereafter at least ten (10) days prior to the expiration of each such policy, certificates of insurance evidencing all required coverages, together with a copy of the endorsement(s), specifically but not limited to Waiver of Rights to Recover from Others, Additional Insureds (ongoing and completed operations) and Contractual Liability endorsements.
C. Landlord and Tenant further agree any and all requirements, pertaining deductibles on insurance policies required to said Premises, be provided by Tenant shall be borne by Tenant and shall be considered insurance for purposes of any insurance organization or company, necessary for the maintenance Waiver of reasonable fire and public liability insuranceSubrogation obligation set forth below.
Appears in 1 contract
Samples: Lease Agreement (Dixie Group Inc)
Tenant’s Insurance. Tenant agreesTenant, at Tenant’s its sole expense, to secure shall obtain and keep in force during the term of this Lease a policy of comprehensive following insurance:
(a) Commercial general liability insurance coverage on an "occurrence basis" against claims for personal injury (including injury, including, without limitation, bodily injury, death) , and broad form property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areasdamage, in limits not less than $1,000,000 per occurrence and a $2,000,000 aggregate, with coverage to include a per location endorsement, contractual liability, fire legal liability in the minimum amount of $2,000,000 combined single limit. Such insurance shall 500,000, and other broad form endorsements that would be primary and noncontributory with respect to any insurance carried by Landlorda prudent individual conducting a business similar to Tenant's business. Such policy(ies) All such insurance policies shall name Tenant as the named insured thereunder and shall name Landlord and Landlord's mortgagees as an additional insured(s)insureds thereunder, shall insure any liability of Landlord, contingent or otherwiseall as their respective interests may appear;
(b) Worker's Compensation and Employer's Liability insurance, with respect to acts or omissions a waiver of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver subrogation endorsement waiving rights of subrogation against Landlord, its agents, employees in form and invitees. Such policy(iesamount satisfactory to Landlord and at a minimum is equal to that required by the law of Virginia;
(c) shall insure performance by Tenant Special Causes of Loss Insurance insuring any Leasehold Improvements made to the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business Premises after the Commencement Date and Tenant's interest in the State of California Premises and rated no less than A12 by Best’sall property located in the Premises, including furniture, equipment fittings, installations, fixtures, supplies and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s any other personal property, inventoryLeasehold Improvements and alterations ("TENANT'S PROPERTY"), trade fixtures, and leasehold improvements within the Premises for in an amount equal to the full replacement value thereof. The proceeds from any value, it being understood that no lack or inadequacy of such policies shall be used for the repair or replacement of such items so insured. insurance by Tenant shall also maintain policy(iesin any event make Landlord subject to any claim by virtue of any theft or loss or damage to any uninsured or inadequately insured property;
(d) During the course of workmen’s compensation insurance and construction of any other employee benefits sufficient work performed by Tenant or on Tenant's behalf pursuant to comply with this Lease or any alterations by Tenant until completion thereof, Builder's Risk Insurance on a "special causes of loss" basis (including collapse) on a completed value (non-reporting) form for full replacement value covering all laws. Tenant shall, at its sole cost and expense, comply with any work incorporated in the Building and all requirements, pertaining to said materials and equipment in or about the Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.;
Appears in 1 contract
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
(a) Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(i) Comprehensive general liability insurance insuring Tenant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of the Leased Premises, the Building, the Outside Areas or the Property, or resulting from Tenant's activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant's Required Liability Coverage (including deathas set forth in Article 1), which insurance shall contain a "broad form liability" endorsement insuring Tenant's performance of Tenant's obligation to indemnify Landlord as contained in this Lease.
(ii) Fire and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” so-called "fire and extended coverage" form with a sprinkler insuring Tenant against loss from physical damage endorsement insuring the replacement value of all Landlord’s and to Tenant’s 's personal property, inventory, trade fixtures, fixtures and leasehold improvements within the Leased Premises with coverage for the full actual replacement value cost thereof. The proceeds from any of such policies shall be used for the repair or ;
(iii) Plate glass insurance, at actual replacement of such items so insured. Tenant shall also maintain policy(iescost;
(iv) of workmen’s Pressure vessel insurance, if applicable;
(v) Workers' compensation insurance and any other employee benefits benefit insurance sufficient to comply with all laws. ; and
(vi) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, contingent liability and builder's risk insurance, in an amount and with coverage reasonably satisfactory to Landlord.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, at its sole cost except with respect to insurance required by subparagraph (a)(vi) above, name Landlord, and expensesuch others as are designated by Landlord, comply with any and all requirements, pertaining to said Premises, of any as additional insureds; (ii) shall be primary insurance organization or company, necessary providing that the insurer shall be liable for the maintenance full amount of reasonable fire the loss, up to and public including the total amount of liability insurance.set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord with Best's ratings of at least A and VII; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least
Appears in 1 contract
Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant agreesenters or occupies the Premises; or (2) the Commencement Date, at Tenant’s expenseand continuing throughout the Term, to secure and keep in force during Tenant shall maintain the term of this Lease a policy of comprehensive following insurance policies: (A) commercial general liability insurance in amounts of $3,000,000 per occurrence, which shall apply on a per location basis, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Invesco against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form CG 20 26 11 85; (B) Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $3,000,000 combined single limit for property damage and bodily injury; (C) All Risk Property insurance covering the full value of all Alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, trade fixtures and personal injury property (including deathproperty of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment) 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; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy); (F) worker’s compensation insurance in amounts not less than statutorily required, and property damage occurring Employers’ Liability insurance with limits of not less than Five Million Dollars ($3,000,000); (G) business interruption insurance in an amount that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 1l(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 1l(a)(2)(C) hereinabove, for full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (I) such other insurance or any changes or endorsements to the insurance required herein, including without limitation Initials /s/ IH Initials /s/ JMJ parkingincreased limits of coverage, walkways arid landscaped areasas Landlord, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to or any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability mortgagee or lessor of Landlord, contingent may reasonably require from time to time. Tenant’s insurance shall provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or otherwisesimilar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunderan additional insured endorsement in form CG 20 26 11 85, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant such other evidence satisfactory to Landlord of the indemnity provisions maintenance of Section 14. hereof. Such policy(ies) shall be issued by an all insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon coverages required hereunder at least ten (10) days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall obtain a written notice obligation on the part of each insurance company to notify Landlord at least thirty (30) days before cancellation or a material change of any such insurance policies. All such insurance policies shall be in form, and issued by companies with a Best’s rating of A:VII or better, reasonably satisfactory to Landlord. If Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient fails to comply with all lawsthe foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of fifteen percent (15%) of such cost. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant shall, at for its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization acts or company, necessary for the maintenance of reasonable fire and public liability insuranceomissions as provided in this Lease.
Appears in 1 contract
Samples: Office Lease Agreement (Interpace Biosciences, Inc.)
Tenant’s Insurance. Tenant agreesshall, at Tenant’s its own expense, to secure maintain in full force and keep in force effect during the term of this Lease Term the following insurance:
(a) Tenant shall maintain a policy or policies of comprehensive general liability insurance for personal injury (insurance, including death) fire and property damage carried with a company or companies satisfactory to Landlord, which will insure Tenant and Landlord (and such others as am designated by Landlord) against liability for personal injury, bodily injury, death, and damage to property (including but not limited to, Tenants personal property, inventory, trade fixtures and improvements constructed by Tenant within the Premises with coverage for the full actual replacement cost thereof), occurring in, on in or about or resulting from any occurrence in or about, the Premises or use or occupancy of the Premises (and Tenant's operations on the Premises) or arising out of Tenant's or its agents', including without limitation Initials /s/ IH Initials /s/ JMJ parkingemployees', walkways arid landscaped areasor representatives' use of the building, Common Areas or Project with combined single limit coverage of not less than two million dollars ($2,000,000.00). Such comprehensive general liability insurance shall define lease of Premises as an insured contract insuring Tenants performance of Tenant's obligation to indemnify Landlord contained in Section 12.
1. If Landlord's lender, insurance advisor or counsel reasonably determines at any time that the minimum amount of $2,000,000 combined single limitsuch coverage is not adequate, Tenant shall increase such coverage to such amount as Landlord's lender, insurance advisor or counsel reasonably deems adequate. Such The limits of such insurance shall be primary not limit the liability of Tenant. Tenant shall deliver to Landlord, prior to possession, and noncontributory with respect at least seven (7) days prior to the expiration of any policy, a certificate of insurance carried by Landlord. Such policy(iesevidencing the existence of the policy required hereunder and such certificate shall certify that the policy (i) shall name names Landlord as an additional insured(s)insured, shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitationii) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amendedreduced in coverage without thirty (30) days prior written notice to Landlord, except upon (iii) insures performance of the indemnity set forth in Paragraphs 12.1, above, and 19.5, Wow (including, provided Tenant uses Hazardous Materials pursuant to Paragraph 19 above, without limitation, "Pollution Liability"); (iv) provides coverage which is primary and not contributing with and not in excess of coverage which Landlord may carry; and (v) contains a cross-liability endorsement. In the event Tenant fails to procure and maintain such insurance, Landlord may (but shall not be required to) procure same at Tenant's expense after ten (10) days prior written notice. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to LandlordLandlord by the insurer. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of All such policies shall be used for the repair or replacement written as primary policies, not contributing with and not in excess of such items so insuredcoverage which Landlord may carry. Tenant shall also maintain policy(ieshave the right to provide such insurance coverage pursuant to blanket policies obtained by Tenant provided such blanket policies expressly afford coverage to the Premises and to Tenant as required by this Lease.
(b) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shallTenant, at its sole cost shall procure and expensemaintain in force during the Lease term, comply with any "all-risk" property insurance including vandalism, boiler and machinery, sprinkler damage, and malicious mischief on all leasehold improvements installed in the Premises by Tenant at its expense and all requirementsequipment, pertaining trade fixtures, inventory fixtures and personal property located on in or about the Premises. Such insurance shall be an amount equal to said Premisesthe full replacement cost of the aggregate of the foregoing.
(c) The policies required to be maintained by Tenant pursuant to subparagraphs (a) and (b) above shall be with companies, on forms, with deductible amounts (if any) and loss payable clauses satisfactory to Landlord and shall include Landlord and the beneficiary of any insurance organization or companydeed of trust encumbering the Premises as additional insureds, necessary and shall provide that such parties may, although additional insureds, recover for the maintenance of reasonable fire and public liability insuranceany loss suffered by Tenant's neglect.
Appears in 1 contract
Samples: Lease Agreement (McMS Inc /De/)
Tenant’s Insurance. Tenant agrees, at (a) Tenant’s expense, to secure and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply shall, during the entire term hereof, procure, pay for and keep in full force and effect:
(i) public liability and property damage insurance with respect to the leased premises and the operations of Tenant in, on or about the lease premises, in which the limits with respect to public liability shall be not less than One Million Dollars ($1,000,000.00) per occurrence for personal injury and death and in which the limits with respect to property damage liability shall not be less than five Hundred Thousand Dollars ($500,000.00);
(ii) insurance against vandalism, malicious mischief and such other 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 county in which the Leased Premises are located, insuring tenant’s merchandise, trade fixtures, equipment and all other items of personal property of Tenant located on or in the leased premises, in an amount equal to not less than eighty percent (80%) of the actual replacement cost thereof; and
(iii) workmen’s compensation coverage as required by law.
(b) All policies of insurance required to be carried by Tenant pursuant to this Section 10.01 shall be written by responsible insurance companies authorized to do business in the State of Maryland, in which the Leased Premises are located, and shall name Landlord as an additional insured, and Tenant shall deliver a copy of said policy or the certificate showing the same to be in force and effect. In the event Tenant shall fail to maintain any policy of insurance required hereunder, then Landlord may, after three (3) days written notice to Tenant, obtain such policy and pay the premium thereon and the amount so paid shall be added to the next installment of rent. The Tenant will be reasonable for all fees associated with the effort to insurance the Tenant.
(c) Provided the insurance required to be maintained by Tenant pursuant to Section 10.01(a) is in full force and effect and remains so, Landlord waives, releases and discharges Tenant to the extent of insurance coverage maintained by Tenant from all claims or demand whatsoever which Landlord may have or acquire in the future arising out of damage to or destruction of the Leased Premises occasioned by fire or extended coverage risks whether such claim or demand may arise because of the negligence of Tenant, its agents or employees or otherwise, and Landlord agrees to look only to the insurance coverage to the extent of such coverage in the event of such loss.
(d) Landlord and Tenant hereby each release the other from any and all requirementsliability or responsibility to the other or any one claiming through or under them by was of sub-rogation or otherwise for any insured loss or damage to property caused by fire or other casualty, pertaining whether such loss, damage, fire or other insured event shall have been caused by the negligence but not willful misconduct of the other party, provided, however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such time as the releasor’s policies of insurance shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair said Premisespolicies or prejudice the right of the releasor to recover thereunder and shall apply only to the extent of the respective insurance coverage Landlord and Tenant agree that each will request its insurance carriers to include in its policies such a clause or endorsement provided that if an additional premium shall be charged therefore, each party shall advise the other thereof and of the amount of such additional premium, and the other party, at its election, may pay but shall not be obligated to do so. If both parties cannot obtain such a waiver subrogation at reasonable commercial rates, then both parties shall be released from their obligation to obtain such a waiver.
(e) Tenant agrees that it will indemnify and save the Landlord harmless from any insurance organization and all liability, damage, expense, cause of action, suits, claims or companyjudgements arising from injury to person or property on the demised premises, necessary or upon the adjoining sidewalks, or parking lots due to the negligence of Tenant, its agents or employees. To assure such indemnity, Tenant shall carry and keep in full force and effect at all times during the term of this lease for the maintenance protection of reasonable fire the Landlord and public liability insuranceTenant herein, and deliver to the Landlord a copy of said policy or certificate showing the same to be in force and effect. in the event Tenant shall fail to maintain such policy of insurance then Landlord may, after three (3) days written notice to Tenant, obtain such policy and pay the premium thereon and the amount so paid shall be added to the next installment of rent. Each party will be deemed to have provided within their respective insurance policies a waiver of subrogation until notice is provided that waiver of subrogation has not been obtained and the policy for which it has not been obtained.
Appears in 1 contract
Samples: Lease Agreement (Novavax Inc)
Tenant’s Insurance. At all times during the Term, Tenant agreeswill carry and maintain, at Tenant’s 's expense, the following insurance, in the amounts specified below or such other amounts as Landlord may from time to secure time reasonably request, with insurance companies and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal on forms satisfactory to Landlord:
(a) Bodily injury (including death) and property damage occurring liability insurance, with a combined single occurrence limit of not less than $5,000,000. All such insurance will be on an occurrence commercial general liability form including without limitation, personal injury and contractual liability coverage for the performance by Tenant of the indemnity agreements set forth in ARTICLE XVIII of this Lease. Such insurance shall include Waiver of Subrogation Rights against Landlord.
(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 PremisesProject, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areasand any leasehold improvements to the Premises in excess of any initial buildout of the Premises by the Landlord, in the minimum an amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no not less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereofcost. The Property forms will provide coverage on an open perils basis insuring against "all risks of direct physical loss." All policy proceeds from any of such policies shall will be used for the repair or replacement of such items so insured. the property damaged or destroyed, however, if this Lease ceases under the provisions of ARTICLE XX, Tenant shall also maintain policy(ies) of workmen’s compensation insurance will be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery and equipment, stock and any other employee benefits sufficient 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 against Landlord; and
(d) If Tenant operates owned, hired, or non-owned vehicles on the Project, comprehensive automobile liability will be carried at a limit of liability not less than $1,000,000 combined bodily injury and property damage.
(e) All insurance required under this ARTICLE XVI shall be issued by such good and reputable insurance companies qualified to comply with all laws. Tenant shall, at its sole cost do and expense, comply with any doing business in the state in which the Premises are located and all requirements, pertaining having a rating not less than A-xiii as rated in the most current copy of Best's Insurance Report in the form customary to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancethis locality.
Appears in 1 contract
Tenant’s Insurance. Tenant agreesagrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, at Tenant’s expense, to secure and keep in force during throughout the term of this Lease Lease, and thereafter so long as Tenant is in occupancy of any part of the Premises:
(a) a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring ininsurance as follows:
(i) under which Landlord and Landlord’s mortgagee (and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time) are named as additional insureds, on or about and Tenant is named as insured; and
(ii) insure with respect to the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parkingand the business operated by Tenant and any subtenants, walkways arid landscaped areas, licensees or concessionaires of Tenant in the minimum amount Premises, written on an occurrence basis, with limits of public liability and property damage liability of not be less than one million dollars ($ 1,000,000.00), for bodily injury (or death) whether to one or more persons, and one hundred thousand dollars ($2,000,000 combined single limit. Such insurance shall be primary and noncontributory 100,000.00) with respect to any insurance carried damage to property, and such higher limits, if procurable, as may from time to time be reasonably required by Landlord. Such policy(ies’s Lender; and
(b) shall name Landlord as an additional insured(s), shall insure during the performance of any liability of Landlord, contingent or otherwise, with respect to acts or omissions of construction by Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including builder’s risk insurance written at “replacement cost” and with an “agreed amount” sufficient to avoid co-insurance; and
(without limitationc) any failure of Tenant to observe or perform any of its obligations hereunder, fire and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an extended coverage insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and covering Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(iesequipment, and permitted additions and alterations made by Tenant; and
(d) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all as required by applicable laws. Tenant The liability policies in which Landlord and/or its mortgagees are named as additional insured shall, at its sole cost to the extent commercially available to Tenant without additional cost, contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord thirty (30) days prior written notice. The insurance shall be with an insurance company approved by Landlord in advance, which approval shall not be unreasonably withheld, and expensea certificate of insurance for each such policies, comply with any evidencing the Tenant’s insurance and all requirementscoverages, pertaining shall be delivered to said Landlord prior to Tenant entering into possession of the Premises, of any insurance organization or company, necessary for the maintenance of and thereafter upon Landlord’s reasonable fire and public liability insurancerequest.
Appears in 1 contract
Samples: Lease Agreement (Social Capital Suvretta Holdings Corp. I)
Tenant’s Insurance. (a) The Tenant agrees, at Tenant’s expense, to secure shall throughout the period that the Tenant is given possession of the Premises and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shallentire Term, at its sole cost and expense, comply take out and keep in full force and effect, the following insurance:
(i) all-risk property 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 Premises including, without limitation, tenant's fixtures, the Tenant's stock-in-trade, furniture and 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 Section 11.1(a)(i) and other perils commonly insured against by prudent tenants or attributable to prevention of access to the Leased Premises or the Building as a result of such perils;
(iii) comprehensive general and legal liability insurance, including property damage and bodily injury and personal injury liability, tenant's legal liability, contractual liability and owners' and contractors' protective insurance coverage with respect to the Premises and the Tenant's use of the Premises, coverage to include the activities and operations conducted by the Tenant and any other person for whom the Tenant is in law responsible. Such policies shall be written on a comprehensive basis with inclusive limits of not less than Five Million Dollars ($5,000,000) for bodily injury to any one or more persons or property damage, and such higher limits as the Landlord, acting reasonably, or the Mortgagee requires from time to time, and shall contain a severability of interests clause and a cross-liability clause;
(iv) if appropriate, 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 Leased Premises;
(v) any other form of insurance which the Landlord, acting reasonably, requires from time to time in form, in amounts and for risks against which a prudent tenant would insure.
(b) All policies shall :
(i) be taken out with insurers acceptable to the Landlord;
(ii) be in a form satisfactory from time to time to the Landlord which form may include a reasonable deductible, the amount of which will be subject to the Landlord's approval, which approval may not be unreasonably withheld;
(iii) be non-contributing with and shall apply only as primary and not as excess to any other insurance available to the Landlord or the Mortgagee;
(iv) not be invalidated as respects the interests of the Landlord and of the Mortgagee by reason of any breach or violation of any warranties, representations or conditions contained in the policies;
(v) contain an undertaking by the insurers to notify the Landlord and the Mortgagee in writing not less than thirty (30) days prior to any material change, cancellation or termination thereof; and
(vi) name the Landlord and the Mortgagee as insured parties and, in respect of property damage insurance, incorporate the Mortgagee's standard mortgage clause.
(c) Certificates of insurance on the Landlord's standard form or if required by the Landlord or the Mortgagee certified copies of each such insurance policy will be delivered to the Landlord as soon as practicable after the placing of the required insurance and in any event at least ten (10) days prior to the effective date of coverage. Provided that no review or approval of any such insurance certificate by the Landlord shall derogate from or diminish the Landlord's rights or the Tenant's obligations contained in this Article.
(d) If the Tenant fails to take out or keep in force any insurance referred to in this Section 11.1, or should any such insurance not be approved by either the Landlord or the Mortgagee and should the Tenant not commence to diligently rectify (and thereafter proceed to diligently rectify) the situation within twenty-four (24) hours after written notice by the Landlord to the Tenant (stating, if the Landlord or the Mortgagee does not approve of such insurance, the reasons therefor), 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 requirements, pertaining outlays by the Landlord shall be paid by the Tenant to said Premises, the Landlord on demand as Additional Rent without prejudice to any other rights and remedies of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceLandlord under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Beaconsfield I Inc)
Tenant’s Insurance. Tenant agrees, at Tenant’s expense, agrees to secure maintain in full force and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall effect at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring during the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shallTerm, at its sole cost and expense, comply for the protection of Tenant and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the following coverages:
(i) Commercial general liability insurance in an amount not less than Three Million Dollars ($3,000,000) combined single limit for both bodily injury and property damage, with a limit of not less than One Million Dollars ($1,000,000) per occurrence and not less than Two Million Dollars ($2,000,000) in excess liability coverage, which includes blanket contractual liability broad form property damage, personal injury, completed operations, and products liability, which policy shall name Landlord and Landlord’s Agents as additional insureds and shall contain a provision that “the insurance provided Landlord hereunder shall be primary and non-contributing with any other insurance available to Landlord with respect to any damage, loss, liability or expense covered by Tenant’s indemnity obligations under PARAGRAPH 21.A of the Lease.”
(ii) Causes of loss-special form property insurance (including, without limitation, vandalism, malicious mischief, inflation endorsement, and all requirementssprinkler leakage endorsement) on Tenant’s Personal Property located on or in the Premises. Such insurance shall be in the full amount of the replacement cost, pertaining as the same may from time to said Premisestime increase as a result of inflation or otherwise. As long as this Lease is in effect, the proceeds of any insurance organization or company, necessary such policy shall be used for the maintenance repair and replacement of reasonable fire such items so insured. Landlord shall have no interest in the insurance proceeds on Tenant’s Personal Property. Notwithstanding the foregoing, Tenant shall have the right, at its election, to self-insure with respect to any loss or damage to Tenant’s Personal Property.
(iii) Boiler and public machinery insurance, including steam pipes, pressure pipes, condensation return pipes and other pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in an amount satisfactory to Landlord.
(iv) Workers compensation insurance in the manner and to the extent required by applicable law and with limits of liability insurancenot less than the minimum required under applicable law, covering all employees of Tenant having any duties or responsibilities in or about the Premises. Any policy required to be maintained by Tenant under this Lease may be maintained under a so-called “blanket policy” insuring other parties and/or other locations, so long as the amount of insurance and type of coverage required to be provided hereunder is not thereby diminished, changed or adversely affected.
Appears in 1 contract
Samples: Sublease (BigBand Networks, Inc.)
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
(a) Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force and effect, at all times during the term of this Lease a policy of comprehensive Term, the following:
(i) Commercial general liability insurance insuring Tenant against liability for personal injury injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant’s use or occupancy of the Leased Premises, the Building, the Outside Areas or the Property, or resulting from Tenant’s activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant’s Required Liability Coverage (including deathas set forth in Article 1), which insurance shall contain a “broad form liability” endorsement insuring Tenant’s performance of Tenant’s obligations to indemnify Landlord as contained in this Lease.
(ii) Fire and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in so-called “all riskfire and extended coverage” form with a sprinkler insuring Tenant against loss from physical damage endorsement insuring the replacement value of all Landlord’s and to Tenant’s personal property, inventory, trade fixtures, fixtures and leasehold improvements within the Leased Premises with coverage for the full actual replacement value cost thereof. The proceeds from any ;
(iii) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to the extent obtainable, coverage for liability arising out of such policies shall be used the distribution, sale, use or consumption of food and/or beverages (including alcoholic beverages, if applicable) at the Leased Premises for the repair or replacement of such items so insured. Tenant shall also maintain policy(iesnot less than Tenant’s Required Liability Coverage (as set forth in Article 1);
(iv) of workmen’s Workers’ compensation insurance and any other employee benefits benefit insurance sufficient to comply with all laws. ; and
(v) With respect to making of alterations or the construction of improvements or the like undertaken by Tenant, contingent liability and builder’s risk insurance, in an amount and with coverage reasonably satisfactory to Landlord.
(b) Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, at its sole cost except with respect to insurance required by subparagraph (a)(iv) above, name Landlord, and expensesuch others as are designated by Landlord, comply with any and all requirements, pertaining to said Premises, of any as additional insureds; (ii) shall be primary insurance organization or company, necessary providing that the insurer shall be liable for the maintenance full amount of reasonable fire the loss, up to and public including the total amount of liability insurance.set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord with Best’s ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least ten days prior written notice to Landlord in the event of non-payment of premiums and in all other cases at least thirty days prior written notice to Landlord, and (vi) shall contain a so-called “severability” or “cross liability”
Appears in 1 contract
Samples: Lease Agreement (Silicon Image Inc)
Tenant’s Insurance. (a) Tenant agreesshall procure, at Tenant’s expense, to secure pay for and keep in force during throughout the term Term (and for so long thereafter as Tenant remains in occupancy of this Lease a policy of comprehensive the Premises) commercial general liability insurance insuring Tenant on an occurrence basis against all claims and demands for personal injury liability (including including, without limitation, bodily injury, sickness, disease, and death) or damage to property which may be claimed to have occurred from and property damage occurring in, on or about after the time any of the Tenant Parties shall first enter the Premises, of not 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. 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 liability assumed under this Lease, including without limitation Initials /s/ IH Initials /s/ JMJ parkingTenant’s indemnification obligations. Such insurance policy(ies) shall name Landlord, walkways arid landscaped areasXxxxxxxx’s managing agent and persons claiming by, through or under them, 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 one hundred percent (100%) of the minimum amount replacement cost insuring (i) all items or components of $2,000,000 combined single limitAlterations (collectively, the “Tenant-Insured Improvements”), and (ii) all of Tenant’s furniture, equipment, fixtures and property of every kind, nature and description related or arising out of Xxxxxx’s leasehold estate hereunder, which may be in or upon the Premises or the Building (collectively, “Tenant’s Property”). Such insurance shall insure the interests of both Landlord and 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 12-month period.
(d) Tenant shall procure and maintain at its sole expense such additional insurance as may be primary and noncontributory necessary to comply with respect any Legal Requirements.
(e) The insurance required pursuant to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(sSections 14.1(a), shall insure any liability of Landlord(b), contingent or otherwise(c) and (d) (collectively, with respect to acts or omissions of “Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(iesInsurance Policies”) shall be issued effected with insurers approved by an insurance company licensed Landlord, with a rating of not less than “A-XI” in the current Best’s Insurance Reports, and authorized to transact do business in the State Commonwealth of California Massachusetts under valid and rated no less than A12 by Best’s, and enforceable policies. Tenant’s Insurance Policies shall each provide that such insurance it shall not be canceled or materially amended, except upon ten modified in a manner that would render such policy in violation of the requirements hereof without at least thirty (1030) days days’ prior written notice to Landlordeach insured named therein. Tenant’s Insurance Policies may include deductibles in an amount no greater than the greater of $25,000 or commercially reasonable amounts. On or before the date on which any of the Tenant Parties shall first enter the Premises and thereafter not less than fifteen (15) days prior to the expiration date of each expiring policy, Tenant shall at all times deposit and maintain a current copy or detailed certificate deliver to Landlord certificates of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) Insurance Policies issued by the respective insurers setting forth in full the provisions thereof together with evidence satisfactory to Landlord of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value payment of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises premiums for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurancepolicies.
Appears in 1 contract
Samples: Lease Agreement (Quanterix Corp)
Tenant’s Insurance. Tenant agrees(A) Tenant, at Tenant’s expense, to secure shall obtain and keep in full force during and effect (i) an insurance policy for Tenant’s Property and the term Specialty Alterations, in either case to the extent insurable under the available standard forms of “all-risk” insurance policies, in an amount equal to one hundred percent (100%) of the replacement value thereof (subject, however, at Tenant’s option, to a reasonable deductible) (the insurance policy described in this Lease clause (i) being referred to herein as “Tenant’s Property Policy”), (ii) a policy of comprehensive worker’s compensation insurance, to the extent required by law (such policy being referred to herein as “Tenant’s Worker’s Compensation Policy”), and (iii) a policy of commercial general liability insurance for personal injury (including death) and property damage occurring ininsurance on an occurrence basis, on with a broad form contractual liability endorsement (the insurance policy described in this clause (iii) being collectively referred to herein as “Tenant’s Liability Policy”). Tenant’s Property Policy and Tenant’s Liability Policy shall name Tenant as the insured. Tenant’s Property Policy shall also include business interruption insurance that is sufficient in amount to pay the Fixed Rent and the Tax Payment due hereunder for a period of at least one (1) year. Tenant’s Liability Policy shall name the Landlord Indemnitees as additional insureds thereunder.
(B) Tenant’s Liability Policy shall contain a provision that (a) no act or about omission of Tenant shall affect or limit the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in obligation of the minimum insurer to pay the amount of $2,000,000 combined single limit. Such insurance shall be primary any loss sustained, and noncontributory (b) the policy is non-cancelable with respect to any insurance carried by Landlord. Such policy(iesthe Landlord Indemnitees unless at least thirty (30) shall name Landlord as an additional insured(s), shall insure any liability days of advance written notice is given to Landlord, contingent except that Tenant’s Liability Policy may be cancelable on no less than ten (10) days of advance written notice to Landlord for non-payment of premium. If Tenant receives any notice of cancellation or otherwiseany other notice from the insurance carrier which may adversely affect the coverage of the insureds under Tenant’s Property Policy or Tenant’s Liability Policy, then Tenant shall immediately deliver to Landlord a copy of such notice. The minimum amounts of liability under Tenant’s Liability Policy shall be a combined single limit with respect to acts each occurrence in the amount of Five Million Dollars ($5,000,000) for injury (or omissions death) to persons and damage to property, which minimum amount Landlord may increase from time to time to the amount of Tenantinsurance that in Landlord’s reasonable judgment is then being customarily required by prudent landlords of first- class buildings in the vicinity of the Building from tenants leasing space similar in size, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning nature and location to the Premises.
(C) Tenant shall cause Tenant’s Liability Policy, including (without limitation) any failure of Tenant Tenant’s Worker’s Compensation Policy and Tenant’s Property Policy to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed reputable and independent insurers that are (x) permitted to transact do business in the State of California and rated no less than A12 by Best’sNew York, and (y) rated in Best’s Insurance Guide, or any successor thereto, as having a general policyholder rating of A and a financial rating of at least XII (it being understood that if such ratings are no longer issued, then such insurer’s financial integrity shall provide conform to the standards that constitute such ratings from Best’s Insurance Guide as of the date hereof).
(D) Tenant has the right to satisfy Tenant’s obligation to carry Tenant’s Liability Policy with an umbrella insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlordpolicy if such umbrella insurance policy contains an aggregate per location endorsement that provides the required level of protection for the Premises. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at has the right to satisfy Tenant’s cost maintain policy(ies) of insurance in “all risk” form obligation to carry Tenant’s Property Policy with a sprinkler damage endorsement insuring blanket insurance policy if such blanket insurance policy provides, on a per occurrence basis, that a loss that relates to any other location does not impair or reduce the replacement value level of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within protection available for the Premises for below the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceamount required by this Lease.
Appears in 1 contract
Samples: Lease (Riverbed Technology, Inc.)
Tenant’s Insurance. Tenant agrees, at Tenant’s expense, to secure and will keep in force at its own expense, so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than One Million Dollars ($1,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 34, Section 9, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits, and (d) shall insure all plate and other interior glass in the Premises Such policies will be maintained in companies and in form reasonably acceptable to Landlord and will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant will deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the term Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as contractor is working in the Premises, a policy of non-deductible (i) comprehensive general liability insurance for personal injury (including death) and policy, including, but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage occurring inendorsement and contractor's protective liability coverage, on or about the Premisesto afford protection with limits per person and for each occurrence, including without limitation Initials /s/ IH Initials /s/ JMJ parkingof not less than Two Hundred Thousand Dollars ($200,000.00), walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenantpersonal injury and death and property damage, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant such insurance to observe or perform any of its obligations hereunderprovide for no deductible, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies(ii) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an workmen's compensation insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of similar insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.amounts as required by
Appears in 1 contract
Samples: Lease Agreement (American Communications Services Inc)
Tenant’s Insurance. a. Tenant agreesshall, during the term hereof and any other period of occupancy, at its sole cost and expense, keep in full force and effect the following insurance:
(1) Standard form property insurance insuring against the perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage ("All-Risk") and sprinkler leakage. This insurance policy shall be upon all property owned by Tenant, for which Tenant is legally liable or that was installed at Tenant’s expense, and which is located in the Project including, without limitation, furniture, fittings, installations, fixtures (other than Tenant improvements installed by Landlord), and any other personal property, in an amount not less than ninety percent (90%) of the full replacement cost thereof. In the event that there shall be a dispute as to secure and keep in force during the term amount which comprises full replacement cost, the decision of this Lease a Landlord or any mortgagees of Landlord shall be conclusive. This insurance policy shall also be upon direct or indirect loss of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on Tenant's earnings attributable to Tenant's inability to use fully or about obtain access to the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parkingBuilding or Project in an amount as will properly reimburse Tenant. Such policy shall name Landlord and any mortgagees of Landlord as insured parties, walkways arid landscaped areasas their respective interests may appear.
(2) Comprehensive General Liability Insurance insuring Tenant against any liability arising out of the lease, in use, occupancy or maintenance of the minimum amount of $2,000,000 combined single limitPremises and all areas appurtenant thereto. Such insurance shall be primary in the amount of $1,000,000 Combined Single Limit for injury to, or death of one or more persons in an occurrence, and noncontributory for damage to tangible property (including loss of use) in an occurrence, with respect such liability amount to any insurance carried by Landlordbe adjusted from year to year to reflect increases in the Consumer Price Index. Such policy(iesThe policy shall insure the hazards of the Premises and Tenant's Operations thereon, independent contractors, contractual liability (covering the indemnity contained in Paragraph 20 hereof) and shall (a) name Landlord as an additional insured(sinsured, (b) contain a cross liability provision and (c) contain a provision that the insurance provided the Landlord hereunder shall be primary and non-contributing with any other insurance available to the Landlord.
(3) Workers' Compensation and Employer's Liability insurance (as required by state law).
(4) Any other form or forms of insurance as Tenant or Landlord or any mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself.
b. All policies shall insure any liability of Landlord, contingent or otherwise, with respect be written in a form satisfactory to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, Landlord and shall contain the insurer’s waiver be taken out with insurance companies holding a General Policyholders Rating of subrogation against Landlord“A" and a Financial Rating of "X" or better, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business as set forth in the State most current issue of California and rated no less than A12 by Best’s, and shall provide that such 's insurance shall not be canceled or materially amended, except upon Reports. Within ten (10) days after the execution of this Lease, Tenant shall deliver to Landlord copies of policies or certificates evidencing the existence of the amounts and forms of coverage satisfactory to Landlord. No such policy shall be cancelable or reducible in coverage except after thirty (30) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(iesshall, within ten (10) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring days prior to the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any expiration of such policies shall be used for the repair policies, furnish Landlord with renewals or replacement of “binders” thereof, or Landlord may order such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and charge the cost thereof to Tenant as additional rent. If Landlord obtains any other employee benefits sufficient insurance that is the responsibility of Tenant under this Paragraph, Landlord shall deliver to comply with all laws. Tenant shall, at its sole a written statement setting forth the cost and expense, comply with any and all requirements, pertaining to said Premises, of any such insurance organization or companyand showing in reasonable detail the manner in which it has been computed.
c. During the term of this Lease, necessary for Landlord shall insure the maintenance of reasonable fire Building (excluding any property which Tenant is obligated to insure under Subparagraphs 22a and b hereof) against damage with All-Risk insurance and public liability insurance, all in such amounts and with such deductions as Landlord considers appropriate. Landlord may, but shall not be obligated to, obtain and carry any other form or forms of insurance as it or Landlord's mortgagees may determine advisable. Notwithstanding any contribution by Tenant to the cost of insurance premiums, as provided herein, Tenant acknowledges that it has no right to receive any proceeds from any insurance policies carried by Landlord.
d. Tenant will not keep, use, sell or offer for sale in or upon the Premises any article that may be prohibited by any insurance policy periodically in force covering the Building. If Tenant's occupancy or business in, or on, the Premises, whether or not Landlord has consented to the same, results in any increase in premiums for the insurance periodically carried by Landlord with respect to the Building, Tenant shall pay any such increase in premiums as additional rent within ten (10) days after being billed therefore by Landlord. In determining whether increased premiums are a result of Tenant's use of the Premises, a schedule issued by the organization computing the insurance rate on the Building or the Tenant improvements showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up such rate. Tenant shall promptly comply with all reasonable requirements of the insurance authority or any present or future insurer relating to the Premises.
e. If any of Landlord's insurance policies shall be canceled or cancellation shall be threatened or the coverage thereunder reduced or threatened to be reduced in any way because of the use of the Premises or any part thereof by Tenant or any assignee or subtenant of Tenant or by anyone Tenant permits on the Premises and, if Tenant fails to remedy the condition giving rise to such cancellation, threatened cancellation, reduction of coverage, threatened reduction of coverage, increase in premiums, or threatened increase in premiums, within forty-eight (48) hours after notice thereof, Landlord may, at its option, either terminate this Lease or enter upon the Premises and attempt to remedy such condition, and Tenant shall promptly pay the cost thereof to Landlord as additional rent. Landlord shall not be liable for any damage or injury caused to any property of Tenant or of others located on the Premises resulting from such entry. If Landlord is unable, or elects not to remedy such condition, then Landlord shall have all of the remedies provided for in this Lease in the event of a default by Tenant. Notwithstanding the foregoing provisions of this Subparagraph 22e, if Tenant fails to remedy as aforesaid, Tenant shall be in default of its obligation hereunder and Landlord shall have no obligation to remedy such default.
f. All policies of insurance required hereunder shall include a clause or endorsement denying the insurer any rights of subrogation against the other party to the extent rights have been waived by the insured before the occurrence of injury or loss. Landlord and Tenant waive any rights of recovery against the other for injury or loss due to hazards covered by policies of insurance containing such a waiver of subrogation clause or endorsement to the extent of the injury or loss covered thereby.
Appears in 1 contract
Tenant’s Insurance. Tenant agreesshall maintain insurance complying with all of the following:
A. Tenant shall procure, at Tenant’s expense, to secure pay for and keep in full force during the term of this Lease a policy of comprehensive and effect the
(1) Comprehensive general liability insurance insurance, including property damage, against liability for personal injury injury, bodily injury, death and damage to property occurring in or about, or resulting from an occurrence in or about, the Leased Premises with combined single limit coverage of not less than the amount of Tenant's Minimum Liability Insurance Coverage set forth in paragraph 1.10, which insurance shall contain "fire legal" endorsement coverage and a "contractual liability" endorsement insuring Tenant's performance of Tenant's obligation to indemnify Landlord contained in paragraph 10.3;
(including death2) Fire and property damage occurring ininsurance against loss caused by fire, on extended coverage perils including boiler insurance, if applicable, vandalism, malicious mischief, fire sprinkler damage and such other additional perils as now are or about hereafter may be included in a standard extended coverage endorsement from time to time in general use in the Premisescounty in which the leased premised are located, including without limitation Initials /s/ IH Initials /s/ JMJ parkinginsuring Tenant's personal property, walkways arid landscaped areasinventory, Trade Fixtures, and Leasehold Improvements within the Leased Premises for the full actual replacement cost thereof;
(3) Worker's compensation coverage and any other employee benefit insurance sufficient to comply with all Laws;
(4) With respect to construction, alterations, improvements, or the like undertaken by Tenant, contingent liability and builder's risk insurance, in an amount satisfactory to Landlord;
B. Each policy of insurance required to be carried by Tenant pursuant to this paragraph (i) shall, to the minimum amount of $2,000,000 combined single limit. Such insurance extent that Landlord has an insurable interest, name Landlord and such other parties in interest as Landlord designates as additional insureds; (ii) shall be primary -24- 32 insurance which provides that the insurer shall be liable for the full amount of the loss up to and noncontributory with respect to including the total amount of liability set forth in the declarations without the right of contribution from any other insurance carried by coverage of Landlord. Such policy(ies; (iii) shall name Landlord as an additional insured(s)be in a form satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord; (vi) shall insure any not have a "deductible" in excess of Five Thousand Dollars ($5,000.00) per occurrence; (vii) shall contain a cross liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees endorsement; (viii) shall contain a waiver by any conduct or transactions the insurer of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant right to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(iescontractors which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or contractors; and (ix) shall insure performance contain a "severability" clause.
C. A copy of each paid-up policy evidencing the insurance required to be carried by Tenant pursuant to this paragraph (appropriately authenticated by the insurer) or a certificate of the indemnity insurer, certifying that such policy has been issued, providing the coverage required by this paragraph, and containing the provisions of Section 14. hereof. Such policy(ies) specified herein, shall be issued by an insurance company licensed delivered to transact business in Landlord prior to the State time Tenant or any of California its contractors enters the Leased Premises and rated no upon renewal of such policies, but not less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten thirty (1030) days prior written notice to Landlordthe expiration of the term of such coverage. Tenant shall Landlord may, at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixturesany time, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient time to comply with all laws. Tenant shalltime, at its sole cost and expense, comply with inspect and/or copy any and all requirementsinsurance policies required to be procured by Tenant pursuant to this paragraph. If Landlord's lender, pertaining insurance adviser or counsel reasonably determines at any time that the amount and/or type of coverage required for any policy of insurance Tenant is to said Premisesobtain pursuant to this paragraph is not adequate, then Tenant shall adjust such coverage for such insurance n such manner as Landlord's lender, insurance advisor or counsel reasonably deems adequate, not to exceed the level of any insurance organization or company, necessary coverage commonly carried by comparable businesses similarly situated for the maintenance of reasonable fire and public liability such insurance.
Appears in 1 contract
Tenant’s Insurance. Tenant agreesTenant, at Tenant’s its expense, to secure shall obtain and keep maintain in full force during and effect the term of this Lease a policy of comprehensive general following insurance policies throughout the Term:
i. Commercial General Liability (CGL) Insurance on an occurrence basis covering liability insurance for arising from premises operations, independent contractors, product-completed operations (but only if Tenant has products in the Premises), personal injury (including death) and injury, advertising injury, bodily injury, death and/or property damage occurring inin or about the Building, under which Tenant is insured and Landlord, Landlord's Agent and any lessors and any Mortgagees whose names have been furnished to Tenant are named as additional insureds (the "Insured Parties"). Such insurance shall provide primary coverage without contribution from any other insurance or self-insurance carried by or for the benefit of the Insured Parties, and such insurance shall include blanket broad-form contractual liability coverage. The minimum limits of liability applying exclusively to the Premises shall be a combined single limit with respect to each occurrence in an amount of not less than Five Million Dollars ($5,000,000.00). 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 Comparable Buildings. There shall be no deductible or self-insurance without the prior written consent of Landlord;
ii. All-Risk Commercial Property Insurance insuring Tenant's movable fixtures and movable partitions, telephone and other equipment, computer systems, telecommunications, data and other cabling, trade fixtures, furniture, furnishings, and other items of personal property which are removable without material damage to the Building ("Tenant’s Property") and all initial improvements, Alterations and any other alterations, modifications or tenant improvements in the Premises, regardless of whether such initial improvements, Alterations, or other alterations, modifications or tenant improvements are installed by Landlord or Tenant ("Tenant-Insured Improvements"), for the full replacement cost thereof, having a deductible amount, if any, not in excess of Twenty-Five Thousand Dollars ($25,000.00) without the prior written consent of Landlord. Earthquake sprinkler leakage coverage insuring Tenant's Property and the Tenant-Insured Improvements with a limit as close to the full replacement cost of such property covered as is reasonably available shall be provided. The Insured Parties shall be included as loss payee(s) with respect to the Tenant-Insured Improvements;
iii. Builder's Risk during the performance of any Alteration, until completion thereof, on an "All Risk" basis, including a permission to complete and occupy, and flood, including resulting water damage, endorsements, for full replacement cost covering the interest of Landlord and Tenant (and their respective contractors and subcontractors) in all work incorporated in the Building and all materials and equipment in or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, or evidence of such coverage under the property insurance policies set forth in the minimum amount of $2,000,000 combined single limitSection 10.3.2 above. Such insurance The Insured Parties shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord named as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insurance.insureds;
Appears in 1 contract
Samples: Lease (Janux Therapeutics, Inc.)
Tenant’s Insurance. (a) Tenant agreesshall carry, at Tenant’s sole expense, insurance against any or all risks of physical loss in an amount adequate to secure and keep in force during cover the term cost of this Lease a policy replacement of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions all of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventoryAlterations, trade fixtures, equipment and leasehold improvements within personal property. If Tenant’s insurance does not otherwise cover losses caused by breakage or other malfunction of any of Tenant’s machinery or equipment used by Tenant in the Premises, then Tenant shall carry equipment breakdown insurance (so called boiler and machinery insurance) covering Tenant’s equipment and machinery (including any heating, ventilation and air conditioning systems, electrical equipment, and the like). Tenant acknowledges that Landlord’s insurance is not intended to cover Tenant’s Alterations, trade fixtures, equipment, and personal property. If the Premises for contains any plate glass, Tenant shall carry plate-glass insurance covering all plate glass on the Premises at full replacement value thereofcost. The Any policy proceeds from any of such policies shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 16, whereupon any insurance proceeds covering any of Tenant’s Alterations, fixtures, equipment and personal property that Tenant is required to leave in the Premises at the expiration or earlier termination of the Lease Term under Article 20 shall be payable to Landlord. Provided, however, that at Landlord’s sole election, Landlord may obtain at Tenant’s expense any or all of the insurance described in this Section.
(b) Tenant shall carry, at Tenant’s sole expense, comprehensive or commercial general liability insurance, fully covering any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Center. Such liability insurance shall include without limitation bodily injury (including wrongful death), property damage, advertising injury, personal injury and contractual liability coverages (including Tenant’s indemnification obligations under Article 13), independent contractors, owned, nonowned, and hired vehicle liability and, if alcoholic beverages are served, sold, consumed or obtained in the Premises, liquor-law liability. The initial limit of such items so insuredinsurance shall be at least $2,000,000 combined single liability limit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limit shall be subject to periodic increase, at Landlord’s election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord’s professional insurance advisors, and other relevant factors. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shallalso, at its sole cost and expense, obtain worker’s compensation coverage in an amount adequate to comply with law, and employer’s liability coverage with a limit of not less than $2,000,000. If Tenant’s use of the Premises involves any use, generation, manufacturing, storage or disposal of any Hazardous Materials, or if any of Tenant’s activities increases any risk of any liability to Tenant or Landlord under Hazardous Materials Laws, Tenant shall carry such environmental insurance as may be required by Landlord or Landlord’s lender. Tenant shall, at Tenant’s sole expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant.
(c) Each policy of insurance required to be carried by Tenant hereunder shall (i) name Landlord, Landlord’s lender and all requirementsLandlord’s property manager (if any) as additional insureds, pertaining (ii) contain cross-liability and contractual liability provisions, (ii) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written notice to said Landlord and Landlord’s lender, (iii) be issued by an insurer licensed in California and reasonably approved by Landlord, (iv) include coverage for acts of terrorism, and (v) be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. The deductible or self-insured retention on any insurance required to be carried by Tenant hereunder shall not exceed, without the prior written consent of Landlord, Five Thousand Dollars ($5,000) per occurrence. Tenant shall be responsible for the payment of the full amount of any deductible or self-insured retention on its insurance. No insurance carried or required to be carried by Tenant, nor the amount or limits thereof, shall limit Tenant’s liability nor relieve Tenant of any obligation under this Lease.
(d) Each policy of insurance required to be carried by Tenant hereunder shall be obtained by Tenant and maintained in full force and effect throughout the Lease Term and any other period of Tenant’s actual or constructive possession of the Premises. Prior to the Commencement Date or any earlier taking of possession of any part of the Premises, Tenant shall deliver to Landlord (i) an XXXXX Form 27 certificate (or such other certificate providing the greatest protection to Landlord reasonably available) evidencing all insurance required to be maintained by Tenant and identifying all additional insureds required to be so designated under the terms of any this Lease, and (ii) all additional insured endorsements provided by the insurer in favor of Landlord, Landlord’s property manager and Landlord’s lender as required by this Lease. Tenant shall deliver evidence of a renewal of each required policy, together with all required endorsements, at least thirty (30) days prior to expiration thereof. Tenant shall permit Landlord at all reasonable times to inspect the policies of insurance, and shall deliver copies thereof to Landlord within ten (10) days after Landlord’s request therefor. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance organization required under this Section, or companyif Tenant obtains insurance with terms, necessary for conditions and/or exclusions that are inconsistent with the maintenance requirements and terms of reasonable fire and public liability insurancethis Lease.
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Tenant’s Insurance. Tenant agreesshall, at Tenant’s expense, to secure and keep in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance shall be primary and noncontributory with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or materially amended, except upon ten (10) days prior written notice to Landlord. Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance entire Term and any other employee benefits sufficient to comply with all laws. Tenant shallperiod of occupancy, at its sole cost and expense, comply keep in full force and effect the following insurance:
(i) Standard form property insurance insuring against the perils of fire, extended coverage, vandalism, malicious mischief, special extended coverage ("All-Risk") and sprinkler leakage. This insurance policy shall be upon all property owned by Tenant, for which Tenant is legally liable and/or that was installed at Tenant's expense, and which is located in the Building including, without limitation, Alterations, furniture, fittings, installations, fixtures, trade fixtures and any other personal property, in an amount not less than the full replacement cost thereof. This insurance policy shall also insure the direct or indirect loss of Tenant's earnings attributable to Tenant's inability to use fully or obtain access to the Property in the amount as will properly reimburse Tenant.
(ii) Commercial general liability insurance insuring Tenant against any liability arising out of the lease, use, occupancy, or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the amount of Five Million Dollars ($5,000,000) combined single limit for injury to or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence. The policy shall insure the hazards of premises and operations, independent contractors, contractual liability (covering the indemnity contained in Section 12 hereof but in no way limiting Tenant's indemnity obligation therein) and shall (1) name Landlord, Landlord's property manager, and any mortgagees of Landlord as additional insureds, (2) contain a cross-liability provision, and (3) contain a provision that "the insurance provided the landlord hereunder shall be primary and noncontributing with any other insurance available to the landlord."
(iii) Workers' compensation and employer's liability insurance (as required by state law).
(iv) Business interruption insurance covering all requirements, pertaining to said Premises, amount of any insurance organization or company, necessary Rent due hereunder for the maintenance of reasonable fire and public liability insurance.one (1)
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Tenant’s Insurance. (a) Tenant agreesshall maintain the following insurance at its own expense throughout the Term: (i) Property insurance including standard fire and extended coverage insurance, at vandalism and malicious mischief endorsements, and “all-risks” coverage upon the Tenant’s expense, to secure Work and keep all property owned by Tenant and located in force during the term of this Lease a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areasBuilding, in the minimum amount full replacement cost thereof, and business interruption; (ii) Commercial General Liability Insurance against any liability arising out of the use, occupancy or maintenance of the Premises or the Property, which insurance may be by a blanket insurance policy and shall provide the following coverages and endorsements: personal injury, broad form property damage, automobile (by separate policy, if necessary), premises/operations, additional insured landlord endorsement and broad form contractual liability, in limits not less than Two Million Dollars ($2,000,000 combined single limit2,000,000.00) per occurrence and Five Million Dollars ($5,000,000) in the aggregate, with a deductible not to exceed Ten Thousand Dollars ($10,000.00); (iii) any other forms of insurance as Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself in similar facilities in the general area of the Premises. Such insurance Tenant acknowledges and agrees that such property owned by Tenant shall be at the sole risk and hazard of Tenant, and if the whole or any part thereof shall be 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 be charged to or be borne by Landlord regardless of any fault of Landlord.
(b) All policies shall (i) be taken out with insurers reasonably acceptable to Landlord, in form satisfactory to Landlord, (ii) include Landlord and any mortgagee of Landlord as additional insureds, as their interests may appear, and (iii) contain a provision that any coverage afforded thereby shall be primary and noncontributory noncontributing with respect to any insurance carried by Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability of Landlord, contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and any insurance carried by Landlord shall contain be excess and non-contributing. Landlord may upon thirty (30) days' notice to Tenant require an increase of the insurer’s waiver limits of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance the policies carried by Tenant of if Landlord reasonably deems such limits to be inadequate when compared to the indemnity provisions of Section 14. hereof. Such policy(ies) shall be issued by an then existing customary insurance company licensed to transact business practice in the State area. Tenant shall provide certificates of California and rated no less than A12 by Best’sinsurance in form satisfactory to Landlord before the Commencement Date, and shall provide that such insurance shall not be canceled or materially amended, except upon certificates evidencing renewal at least ten (10) days before the expiration of any such policy. All policies shall contain an endorsement requiring at least thirty (30) days' prior written notice to LandlordLandlord and any mortgagee of Landlord prior to any cancellation or other termination. Notwithstanding the foregoing, Tenant shall provide written notice to Landlord of any such material change or reduction in coverage; provided, however that Tenant’s insurance coverage shall at all times deposit and maintain a current copy or detailed certificate comply with the requirements of said policy(iesLandlord’s lender.
(c) with Landlord. Upon termination of this Lease pursuant to any casualty, Tenant shall at retain any proceeds attributable to Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s 's personal property, inventory, trade fixtures, movable partitions, equipment, the Tenant’s Work and leasehold improvements within Alterations not affixed to the Premises, but Tenant shall immediately pay to Landlord any insurance proceeds received by Tenant relating to the Tenant’s Work and any Alterations affixed to the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for the maintenance of reasonable fire and public liability insuranceunless Landlord has required their removal.
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Samples: Lease (T2 Biosystems, Inc.)
Tenant’s Insurance. At its own expense the Tenant agrees, at Tenant’s expense, to secure shall take out and keep thereafter maintain in force at all times during the term Term and at all times when the Tenant is in possession of this Lease the Leased Premises insurance policies as follows:
(a) all risks insurance on Leasehold improvements and on all other property of every description, nature and kind owned by the Tenant or for which the Tenant is legally liable, which is installed, located or situate within the Leased Premises or elsewhere in the Project, including without limitation, all inventory or stock-in-trade in an amount not less than the full replacement cost thereof without deduction for depreciation; such insurance shall be subject to a policy replacement cost endorsement and shall include a stated amount co-insurance clause and a breach of conditions clause;
(b) comprehensive or commercial general liability insurance for personal bodily injury (including death) and property damage liability insurance to respond to any and all incidents occurring in, on or about in the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, Leased Premises in the minimum amount of $2,000,000 combined single limit. Such 3,000,000 per occurrence including the following extensions: owners and contractors protective; limited pollution coverage endorsement; products end completed operations; personal injury; occurrence basis property damage; blanket contractual and non-owned automobile liability; such insurance shall be primary include the Landlord and noncontributory the Landlord's agent and nominee (if any) as named additional insureds, and shall protect the Landlord and the Landlord's agent and nominee (if any) in respect of all Claims, including Claims by the Tenant, as if the Landlord and the Landlord's agent and nominee (if any) were separately insured; such insurance shall include cross liability and severability of interest clauses;
(c) boiler and machinery insurance, if applicable, including repair or replacement endorsement in an amount satisfactory to the Landlord and providing coverage with respect to all objects introduced into the Leased Premises by or on behalf of the Tenant or otherwise constituting Leasehold improvements;
(d) plate glass insurance on all internal and external glass within or fronting the Leased Premises; however, notwithstanding the foregoing, the Tenant may elect to self-insure for the insurance described in this Subsection 9.02(d);
(e) business interruption insurance on the profit form providing all risks coverage with a period of indemnity of not less than 12 months and subject to a stated amount co-insurance clause; and
(f) any other form of Insurance in such amounts and against such risks as the Landlord may from time to time reasonably require. The Tenant acknowledges and agrees that it shall be solely responsible for insuring the Leasehold Improvements, its equipment and stock and any other property owned or brought into the Leased Premises by the Tenant whether affixed to the Building or not. The insurance carried by policies referred to in this Section shall be subject to such higher limits as the Tenant, or the Landlord acting reasonably, or any mortgagee of the Landlord's interest in the Project may require from time to time. The policies of insurance referred to in Subsections 9.02(a), (b), (c), (d), (e) and (f) shall contain a waiver of the insurer's right of subrogation as against the Landlord. Such policy(ies) shall name Landlord as an additional insured(s), shall insure any liability The Tenant hereby waives its right of recovery against the Landlord, contingent or otherwise, its employees and those for whom the Landlord is in law responsible with respect to acts or omissions of occurrences required to be insured against by the Tenant hereunder. Any and all deductibles in the Tenant, its agents, employees or invitees by any conduct or transactions of any of said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and shall contain the insurer’s waiver of subrogation against Landlord, its agents, employees and invitees. Such policy(ies) shall insure performance by Tenant of the indemnity provisions of Section 14. hereof. Such policy(ies) 's insurance policies shall be issued borne solely by an insurance company licensed to transact business in the State of California Tenant and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled recovered or materially amended, except upon ten (10) days prior written notice attempted to be recovered from the Landlord. Tenant shall at In addition, all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance noncontributing with, and any other employee benefits sufficient to comply with all laws. Tenant shallwill apply only as primary and not excess to, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any insurance organization or company, necessary for proceeds available to the maintenance of reasonable fire and public liability insuranceLandlord.
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