Tenant’s Insurance. Tenant shall, at its own cost, at all times during the Lease Term, procure and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 2 contracts
Sources: Office Lease (Esoft Inc), Office Lease (Lightbridge Inc)
Tenant’s Insurance. At its expense, the Tenant shall, at its own cost, shall take out and thereafter maintain in force at all times during the Lease TermTerm insurance policies as follows:
(a) all risks insurance on all property of every description, procure nature and maintain workmen's compensation insurance kind owned by the Tenant or for which the Tenant is legally liable, or installed in the maximum statutory 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 fixtures 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 Employers Liability shall include a stated amount co-insurance in the amount of $500,000clause;
(b) comprehensive broad form boiler, each covering all persons employed by Tenant, machinery and equipment insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost value of Tenant's Property all boilers, pressure vessels, air-conditioning and other equipment located on the contents Leased Premises;
(c) business interruption insurance in such amounts as will reimburse the Tenant for direct or indirect loss of earnings attributed to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Leased Premises including or to the Building as a result of such perils;
(d) comprehensive general bodily injury and property damage due liability insurance and tenant’s legal liability insurance in the minimum amount of Ten Million Dollars ($10,000,000.00) and in a form satisfactory to water leakagethe Landlord, in an amount equal to their full replacement costacting reasonably, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee owners and contractual liability exclusions deleted)contractors protective, products and completed operations, contractual personal injury, intentional acts, employer’s liability, owner's protective liability, and broad form occurrence property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury(broad form), property damage blanket contractual and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operationsnon-owned automobile liability extensions. All such 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 procured from a responsible insurance company reasonable commercial terms, but subject to such higher limits as the Tenant, the Landlord, acting reasonably, or companies authorized to do business any mortgagee of the Landlord’s interest in the State where Leased Premises may require from time to time and against such additional risks as a prudent tenant would insure. The insurance policies referred to in this Section 9.2 shall contain a waiver of the Premises are locatedinsurer’s right of subrogation as against the Landlord, with general policyholder's ratings of not less than AA + the Landlord’s directors, officers, employees, servants, agents, contractors, successors and assigns 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 financial rating of not less than "XI" in the most current available Best's Insurance Reports, waiver. Any and all deductibles shall be otherwise satisfactory to Landlordat the expense of the Tenant. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, The Tenant shall provide continuous liability coverage for claims arising during to the entire Lease Term, regardless of when Landlord at the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least Term, 30 days prior to their the renewal date of all insurance referred to in this Section 9.2 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 certificate(s) certificates to be in a form acceptable to the Landlord, acting reasonably. The 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. All policies of insurance placed under this Section 9.2 shall be placed with a company or companies reasonably satisfactory to the Landlord. All policies shall name Landlord and Building Manager as additional insureds, in addition provide that the insurance shall not be cancelled or changed to the other requirements herein. The limits prejudice of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this LeaseLandlord without at least 30 days’ prior written notice given by the insurer to the Landlord.
Appears in 2 contracts
Sources: Lease Agreement (Photowatt Technologies Inc.), Lease Agreement (Photowatt Technologies Inc.)
Tenant’s Insurance. Tenant shall, at its own cost, at all times shall carry insurance during the Lease Termentire Term hereof with terms, procure coverages and maintain workmen's compensation insurance companies (which shall be licensed to do business in the maximum statutory amount State of New Jersey and Employers Liability insurance 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, including contractual liability and the broad or extended liability endorsement, insuring against claims for death, bodily injury, personal injury and property damage occurring upon, in or about the Premises or the Office Complex on an occurrence basis, in an amount of not less than One Million Dollars ($500,0001,000,000.00) combined single limit per occurrence, each and umbrella coverage in an amount not less than Three Million Dollars ($3,000,000.00), both comprehensive or commercial general liability insurance and umbrella coverage covering all persons employed by TenantTenant as a named insured and Landlord, insurance 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 at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") perils for the full replacement cost of Tenant's Property all additions, improvements and alterations to the contents Premises whether owned, made or installed by or on behalf of Tenant or existing in the Premises as of the Premises including damage due to water leakagedate such space is leased to, in an amount equal to their full replacement costor occupied by, Tenant, if any, and commercial general liability insuranceof all office furniture, including coverage for bodily injurytrade fixtures, office equipment, merchandise and all other items of Tenant’s property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with on the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are locatedPremises, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory loss or damage payable to Landlord. All such policies (except workmen's compensation) shall name 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, Building Manager or Project as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, result of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leaseperils.
Appears in 2 contracts
Sources: Office Lease (ElectroCore, LLC), Office Lease (ElectroCore, LLC)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates).
Appears in 2 contracts
Sources: Office Lease (Airgain Inc), Office Lease (Airgain Inc)
Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant shallenters or occupies the Premises; or (2) the Commencement Date, at its own cost, at all times during and continuing throughout the Lease Term, procure Tenant shall maintain the following:
(i) CGL Insurance, , for personal injury, bodily injury (including wrongful death) and maintain workmen's compensation insurance damage to property with a combined single limit of not less than $5,000,000.00 per occurrence, $5,000,000.00 annual aggregate, insuring against any and all liability of the insured with respect to the Premises and Tenant’s Off-Premises Equipment, or arising out of the maintenance, use or occupancy thereof, and personal and advertising injury coverage, which policy also shall (B) provide that defense will be provided as an additional benefit (and not included within the limit of liability), (C) include a Host Liquor Liability endorsement or coverage that covers bodily injury or property damage arising out of the serving or distribution of alcoholic beverages by a party not engaged in this activity as a business enterprise, and (D) shall name Landlord, and Landlord’s property management company, as additional insured. The separation of insured language included in the maximum statutory amount policy shall not be modified, and Employers the definition of “insured contract” shall not be modified to delete the sole negligence of Landlord. If the use and occupancy of the Premises include any activity or matter that 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.
(ii) Business Automobile Liability insurance Insurance, with a combined single limit of $1,000,000, , which policy shall include liability arising out of operation of, leased, rented, borrowed, hired and non-owned vehicles.
(iii) Causes of loss-special form property insurance, covering the full replacement value (without depreciation) of (A) all alterations and improvements in the amount of $500,000, each covering all persons employed Premises made by Tenant, (B) all furniture, fixtures, equipment and other personal property owned or used by Tenant in the Premises, (C) all property placed in the Complex (other than the Premises) by or on behalf of Tenant, including Tenant’s Off-Premises Equipment, (D) any Alterations made by Tenant pursuant to the terms of this Lease, and (E) any non-Building standard improvements made to the Premises by Landlord for Tenant’s benefit. Such policy shall name Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as “insured as their interests may appear”, and include an ordinance or law coverage endorsement. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Section 15). No lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property.
(iv) Workers’ Compensation Insurance, minimum limit as required by applicable laws, and Employer’s Liability Insurance, with limits of liability not less than $1,000,000.00, each accident; $1,000,000.00, disease policy limit; and $1,000,000.00, disease each employee (and if Tenant maintains a policy of umbrella or excess liability insurance, such policy must also provide umbrella or excess liability coverage at least as broad as ISO Special Form for Tenant’s policy of Employer’s Liability Insurance).
(v) Business Income and Extra Expense Coverage against for not less than twelve (12) months of income and ongoing expenses.
(vi) In the event Tenant performs any alterations or repairs in, on, or to the Premises, Tenant shall maintain an “all risks” Builder’s Risk insurance policy with completed value (“non-reporting”) coverage of all work incorporated into the Building and all materials and equipment used in such work, on a replacement cost basis, including business income coverage, which expressly states that “covered causes of loss means risks of direct physical loss to covered property, except those causes of loss listed in the exclusions”. No protective safeguard warranties may be added to the policy without Landlord’s prior written consent
(vii) Such other insurance or damage any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any Mortgagee or lessor of Landlord, may reasonably require from time to time. Tenant’s insurance shall provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. If Tenant maintains an Umbrella Liability Insurance policy, such policy shall (commonly known i) be written on an umbrella basis in excess over (ii) have inception and expiration dates the same as "all risk") for the full replacement cost CGL policy. Tenant shall furnish to Landlord certificates of Tenant's Property such insurance, with an additional insured endorsement in form CG 20 26 07 04 (or another equivalent form approved in writing by Landlord), and the contents such other evidence satisfactory to Landlord of the Premises including damage due maintenance of all insurance coverages required hereunder prior to water leakage, in an amount equal to their full replacement costthe earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and commercial general liability prior to each renewal of said insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance policies shall be procured from a responsible insurance company or in form, and issued by companies authorized licensed to do business in the State where (defined below). It is expressly understood and agreed that the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The foregoing minimum limits of Tenant's insurance coverage shall not, under any circumstances, not limit the liability of Tenant under for its acts or omissions as provided in this Lease.
Appears in 2 contracts
Sources: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from a responsible insurance company written on an “occurrence” basis. Landlord or companies authorized to do business in the State where the Premises are locatedits affiliate, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsif any, and shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant represents that Tenant’s coverage shall be primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains any general liability insurance The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability Personal Injury and Advertising Liability $ 5,000,000 each occurrence Tenant Legal Liability/Damage to Rented $ 500,000.00 Premises Liability
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains.
Appears in 2 contracts
Sources: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $ 5,000,000 each occurrence Property Damage Liability Personal Injury and Advertising $ 5,000,000 each occurrence Liability Tenant Legal Liability/Damage to $ 1,000,000.00 Rented Premises Liability
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the “Improvements,” as that term is defined in Section 2.1 of the Work Letter, and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. l 07-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates).
Appears in 2 contracts
Sources: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding ▇▇▇▇▇▇▇▇’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $3,000,000 each occurrence Personal Injury and Advertising Liability $3,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $ 1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the “Improvements,” as that term is defined in Section 2.1 of the Work Letter, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. 1. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates).
Appears in 2 contracts
Sources: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during (a) Throughout the Lease Term, procure Tenant shall obtain and maintain workmen's compensation insurance in the maximum statutory amount and Employers following:
(1) Commercial General Liability insurance (written on an ISO occurrence form or equivalent basis) including contractual liability coverage insuring the obligations assumed by Tenant under this Lease (including those set forth in Sections 14.B. and 36.B.), premises and operations coverage, broad form property damage coverage and independent contractors coverage, and personal injury with a minimum of Two Million Dollars ($2,000,000) each occurrence and Three Million Dollars ($3,000,000) general aggregate. If the amount policy also covers locations other than the Premises, the policy shall include a provision to the effect that the aggregate limit of Three Million Dollars ($500,0003,000,000) shall apply separately at the Premises. The policy limits may be obtained through any combination of primary and excess insurance.
(2) Property Insurance written on a “Special Cause of Loss” form covering Tenant’s business personal property, each covering all persons employed by Tenantstock, insurance coverage and, if applicable, inventory, and leasehold improvements at least as broad as ISO Special Form Coverage against risks 100% of direct physical loss or damage (commonly known as "all risk") for the full replacement cost value written with a deductible of Tenant's Property not more Five Thousand Dollars ($5,000). Such property insurance shall be in an amount not less than that required to replace all of the original tenant improvements installed in the Premises pursuant to Exhibit C attached hereto or Section 3 hereof, as applicable, and the made a part hereof, all Alterations and all other contents of the Premises including damage due to water leakage(including, without limitation, Tenant’s trade fixtures, decorations, furnishings, equipment and personal property).
(3) Business income and extra expense insurance in an amount equal to their full replacement costor greater than the equivalent of the sum of twelve (12) monthly installments of Base Rent and twelve (12) monthly installments of Additional Rent payable pursuant to Section 5 hereof.
(4) Comprehensive automobile liability insurance (covering automobiles owned by Tenant, if any and commercial general hired and non-owned automobiles). Such automobile liability insurance, including coverage for bodily injury, property damage, personal injury insurance shall be in an amount not less than One Million Dollars (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for 1,000,000.00) bodily injury and property damage for products each accident
(5) worker’s compensation insurance providing statutory limits as required by the jurisdiction in which the Building is located and completed operations. employer’s liability insurance with minimum limits of $500,000 each accident, $500,000 each employee-disease and $500,000 policy limit-disease.
(b) All such insurance shall carried by Tenant pursuant to Section 17.A.(a) hereof shall: (1) be procured from issued by a responsible insurance company or companies authorized that is licensed to do business in the State where jurisdiction in which the Premises are Building is located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" that has been approved in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name advance by Landlord and that has a rating equal to or exceeding A-X from Best’s Insurance Guide; (2) name Landlord, the managing agent of the Building Manager and the holder of any Mortgage as additional insureds/loss payees (as applicable) providing an Additional Insured — Managers or Lessors of Premises Endorsement (#CG-20-11-01-96 or equivalent); (3) in the case of Tenant’s property insurance, include a provision that such policy shall remain in full force and shall provide effect notwithstanding that the insured may have waived its right of action against any party prior to the occurrence of a loss (Tenant hereby waiving its right of action and recovery against and releasing Landlord and its employees and agents (including, but not limited to, Landlord’s managing agent) from any and all liabilities, claims and losses for which they cannot may otherwise be canceled or altered except upon 30 days prior written notice liable to Landlord. All insurance maintained the extent Tenant is covered by Tenant shall be primary to any property insurance carried or would have been covered by Landlord. If Tenant obtains any general liability property insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy it is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance required to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant carry under this Lease.); (4) in the case of Tenant’s property insurance, provide that the insurer thereunder waives all right of recovery by way of subrogation against Landlord, its partners, agents (including, but not limited to, Landlord’s managing agent), employees, and representatives, in connection with any loss or damage covered by such policy; (5) be acceptable in form and content to Landlord; (6) be primary and non-contributory;
Appears in 2 contracts
Sources: Lease Agreement (Evolent Health, Inc.), Lease Agreement (Evolent Health, Inc.)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and completed operationsall areas appurtenant thereto. All such In the event Tenant desires to allow the consumption of alcohol on the Rooftop Decks, Tenant’s Commercial General Liability Insurance shall include Host Liquor Liability coverage. Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $ 15,000,000 each occurrence Personal Injury and Advertising Liability $ 15,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $ 1,000,000
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains.
Appears in 2 contracts
Sources: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
Tenant’s Insurance. (a) Tenant shall, shall at its own costexpense keep all machinery, equipment, furniture, fixtures, personal property and business interests located at all times during the Lease Term, procure Premises and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") not belonging to Landlord insured for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakagebenefit, in an amount equal to the lesser of their full replacement costvalue or insurable value, against loss or damage by fire and commercial such other risks as are now or may in the future be customarily insured against by tenants in Comparable Properties including, without limitation, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, water damage, sprinkler leakage and such other coverage as Landlord or Tenant may deem appropriate or necessary.
(b) Tenant shall at its expense maintain general public liability insuranceinsurance for the mutual benefit of Landlord, including coverage mortgagees of the Facility, Landlord's managing agent (if any) and Tenant against claims for bodily personal injury, death or property damage (including contractual liability coverage applicable to this Lease and insuring Tenant's indemnification obligations provided for below) occurring at the Premises, to the limits of at least $2,000,000 in respect to the injury or death to a single person, at least $2,000,000 in respect to any one accident and at least $5,000,000 in respect to any property damage, personal injury .
(employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance c) Insurance policies maintained pursuant to this section shall be procured from a responsible insurance company written by companies reasonably satisfactory to Landlord that are licensed or companies authorized to do business and in good standing in the State state where the Premises are locatedFacility is located and have a rating issued by an insurance rating organization (including, with general policyholder's ratings without limitation, A.M. Best & Company) of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportssecond-best rating. The certificates evidencing such insurance, and renewals or replacements at least 30 days before expiration of coverage, shall be otherwise delivered to Landlord with evidence satisfactory to LandlordLandlord that the premiums have been paid. All such The policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon terminable without 30 days prior written notice to Landlord. All insurance maintained by Tenant Any such coverage shall be deemed primary to any insurance carried liability coverage secured by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 2 contracts
Sources: Lease (Omniquip International Inc), Lease (Omniquip International Inc)
Tenant’s Insurance. Throughout the Term of this Lease, Tenant shall, at its own cost, at all times during the Lease Term, procure and shall maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property property insurance, including building and the contents of the Premises including damage due to water leakagemachinery comprehensive form, in an amount equal to their full 100% of the replacement costvalue of Tenant’s trade fixtures, equipment, and other personal property located on the Premises together with such other insurance as may be reasonably required by Landlord’s lender or by any government agency. All proceeds of Tenant’s policy of property insurance shall be payable to Tenant, and all proceeds of policies of insurance procured by Landlord shall be payable to Landlord. Tenant hereby waives any right to recovery from Landlord and Landlord hereby waives any right of recovery from Tenant for any loss or damage (including consequential loss) resulting from any of the perils insured against in the special form property insurance policy with extended coverage endorsement. During the Term of this Lease, Tenant shall, at Tenant’s expense, maintain commercial general liability insuranceinsurance against claims for personal injury, including death or property damage occurring in, upon or about the Premises in an amount not less than $3,000,000 per occurrence and $3,000,000 annual aggregate (with a separate general aggregate limit for the Premises), automobile liability insurance with a combined single limit or equivalent in an amount not less than $2,000,000, and workers’ compensation insurance as required by law. Tenant’s policies of liability insurance shall name Landlord as an additional insured, shall provide coverage for bodily injuryblanket contractual liability, property damagepremises, personal injury (employee and contractual liability exclusions deleted), products and products/completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily and advertising injury and property damage for products and completed operationscoverage. All such Tenant’s policies of insurance shall be procured from a responsible primary and not contributory as to other insurance company purchased by or companies authorized available to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance ReportsLandlord, and shall be otherwise satisfactory have retentions or deductibles reasonably acceptable to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot A certificate of the insurance required to be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained carried by Tenant under this Article 13 shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance delivered to Landlord upon commencement of prior to the Lease Term Commencement Date and thereafter at least 30 days prior to their renewal date and the expiration of the then current policies. Upon the written request of Landlord, copies of such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition also be delivered to the other requirements hereinLandlord. The limits of Tenant's insurance Each policy shall not, under any circumstances, limit the liability of Tenant under this Leasecontain an endorsement prohibiting cancellation or non-renewal without at least 30 days prior notice to Landlord.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Go Daddy Group, Inc.), Purchase and Sale Agreement (Go Daddy Group, Inc.)
Tenant’s Insurance. Tenant shallshall maintain the following coverages in the following amounts.
10.3.1 Commercial General Liability Insurance on an occurrence form covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) arising out of Tenant’s operations, and contractual liabilities including a contractual coverage, and including products and completed operations coverage, for limits of liability on a per location basis of not less than: Bodily Injury and Property Damage Liability $2,000,000 each occurrence $3,000,000 annual aggregate Personal Injury Liability $2,000,000 each occurrence $2,000,000 annual aggregate Any combination of primary and excess/umbrella liability policies may be utilized in order to meet the limit requirements above.
10.3.2 Property Insurance covering (i) all office furniture, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s property on the Premises installed by, for, or at its own costthe expense of Tenant, at all times during (ii) the Tenant Improvements and any other improvements which exist in the Premises as of the Lease TermCommencement Date (excluding the Base Building) (the “Original Improvements”), procure and maintain workmen's compensation (iii) all other improvements, alterations and additions to the Premises. Such insurance in the maximum statutory amount and Employers Liability insurance in the amount shall be written on an “all risks” of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") basis, for the full replacement cost of Tenant's Property and the contents value (subject to reasonable deductible amounts) new without deduction for depreciation of the Premises covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for damage or other loss caused by fire or other peril including, but not limited to, vandalism and malicious mischief, theft, water damage of any type, including damage due to water sprinkler leakage, in an amount equal to their full replacement costbursting or stoppage of pipes, and commercial general liability insurance, including coverage explosion.
10.3.3 Business Income Interruption for bodily injury, property damage, personal injury one (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits 1) year plus Extra Expense insurance in such amounts as will reimburse Tenant for actual direct or indirect loss of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition earnings attributable to the risks outlined in Section 10.3.2 above.
10.3.4 Worker’s Compensation and Employer’s Liability or other requirements hereinsimilar insurance pursuant to all applicable state and local statutes and regulations. The limits policy shall include a waiver of Tenant's insurance shall notsubrogation in favor of Landlord, under its employees, Lenders and any circumstances, limit the liability of Tenant under this Leaseproperty manager or partners.
Appears in 2 contracts
Sources: Lease (Synthorx, Inc.), Lease (Synthorx, Inc.)
Tenant’s Insurance. (a) The Tenant covenants and agrees that it shall, at its own cost, at all times during the Lease TermOperating Term and any renewal thereof, procure at the Tenant’s cost and maintain workmen's compensation expense, in the name of the Tenant and in respect of the Retail Component including the Retail Component Building, take out and keep in full force and effect the following insurance policies:
(i) all risks (including sewer back up, flood and earthquake) property insurance in an amount equal to one hundred percent (100%) of the maximum statutory full replacement cost, with the same site limitation deleted. Such insurance shall be written on a stated amount co-insurance basis and Employers Liability shall include:
(A) the Retail Component, including the foundation;
(B) all property owned by the Tenant or for which the Tenant is legally liable located on the Retail Component, including leasehold improvements, chattels, furniture, all internal and external plate glass, stock, office equipment, equipment, fixtures, contents and signs, but excluding all property of any Subtenant;
(C) extra expense insurance in such amounts as will reimburse the Tenant for extra expense incurred arising out of prevention of access to the Retail Component or any part of it;
(D) coverage for contingent liability from the enforcement of building by-laws, including the demolition and replacement of undamaged portions of the buildings or structures, cost of demolition and clearing of site and increased costs of construction, which coverage shall be in excess of and not included in the limit of liability applicable to building debris removal; and
(E) debris removal;
(ii) business interruption insurance in an amount sufficient to cover any and all obligations to the Landlord respecting Rent for a period of not less than twenty-four (24) months;
(iii) professional fees insurance in the amount of not less than $500,000100,000;
(iv) comprehensive equipment breakdown coverage on all objects, each covering all persons employed by including production machinery which are under the Tenant’s care, insurance coverage at least as broad as ISO Special Form Coverage against risks custody and control. Basis of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property settlement shall be repair and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, with the same site limitation deleted. Coverage shall include business interruption, extra expense to the extent indicated in Section 12.1(a)(i)(C) and 12.1(a)(ii) and blanket by-laws. Coverage shall also include water damage; hazardous substances; ammonia contamination; and professional fees; with deductible with regards to the policies in subparagraphs (i) to (iv) no greater than $25,000 for direct damage; $50,000 for flood; and three percent (3%) of the property insured or $100,000, whichever is greater, for earthquake; and shall be the sole responsibility of the Tenant;
(v) commercial general liability insuranceinsurance issued on an occurrence basis for an amount of not less than $10,000,000 per occurrence and $10,000,000 annual aggregate for any negligent act or omission by the Tenant or for those whom the Tenant is legally liable. Such insurance shall include bodily injury and property damage, including coverage loss of use; premises, property and operations; personal and advertising injury; owners’ and contractors’ protective; occurrence property damage products liability; broad form completed operations; incidental medical malpractice; non- owned automobile; broad form property damage; employer’s liability, including volunteer compensation; blanket contractual liability; liquor liability (if applicable); and cross liability and severability of interests clauses. The deductible shall be no greater than $25,000 and shall be the sole responsibility of the Tenant; and
(vi) if applicable, automobile liability insurance with respect to owned or leased vehicles used directly or indirectly by the Tenant covering third party liability for bodily injury, death and damage to property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single a limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + $5,000,000 inclusive for each and a financial rating every loss.
(b) The insurance in Section 12.1(a)(v) shall add the Landlord and its elected officials, agents, officers and employees as additional insured with respect to the operations of not less than "XI" in the most current available Best's Insurance Reports, and Tenant. This insurance shall be otherwise satisfactory non-contributing and apply as primary and not as excess of any insurance available to the Landlord. All such policies .
(except workmen's compensationc) The forgoing insurance shall name the Landlord and Building Manager the Tenant Mortgagee as additional insuredsloss payee with respect to the insurance stipulated in Sections 12.1(a)(i), 12.1(a)(ii) and shall provide they cannot be canceled 12.1(a)(iv), as the interest of the Landlord or altered except of the Tenant Mortgagee may appear.
(d) Notwithstanding Section 12.1(a) hereof, upon 30 days prior written notice receiving the Approval of the Landlord, the Tenant may choose to Landlord. All insurance maintained by Tenant shall be primary self insure or to underinsure the Retail Component, if any insurance carried by Landlord. If Tenant obtains any general liability required hereunder is not available on commercially reasonable terms.
(e) Property, boiler and machinery insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leasecontain provisions for settling joint loss disputes.
Appears in 2 contracts
Sources: Retail Lease, Retail Lease
Tenant’s Insurance. Tenant shall, at its own cost, at all times shall maintain in full force and effect during the Lease Term, procure and Term the following insurance:
9.1.1 Tenant shall maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount a policy or policies of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage property damage, against liability for personal injury, bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liabilitydeath, and broad form damage to property damage occurring in or about, or resulting from an occurrence in or about, the Leased Premises with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injurycoverage of not less than the amount of Tenant’s Minimum Liability Insurance set forth in section 1.10 of this Lease. Such commercial general liability insurance 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, property damage and personal injuryinsurance advisor 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 reasonably deem adequate, not to exceed the level of coverage then commonly carried by comparable businesses similarly situated; $2,000,000.00 aggregate for bodily injury 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 insurance in ‘all risk” form with a sprinkler leakage endorsement (if the Building contains fire sprinklers) insuring the personal property, inventory, Trade Fixtures, and Leasehold Improvements within the Leased Premises for products 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.
9.1.3 Tenant shall maintain a policy or policies of worker’s compensation insurance and completed operationsany other employee benefit insurance sufficient to comply with all Laws.
9.1.4 Landlord and such others as it shall reasonably designate with an interest in the Property, shall be named as additional insureds on the policies of insurance described in sections 9.1.1 and 9.1.2 of this Lease, above. All such insurance required by this paragraph:
(i) shall be procured primary insurance which provides 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 declarations without the right of contribution from any other insurance coverage of Landlord;
(ii) shall be in a responsible insurance company form reasonably satisfactory to Landlord;
(iii) shall be carried with companies with a rating of no less than A-X or companies authorized better in Best’s Insurance Guide and licensed to do business in the State where the Premises are locatedof California, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory reasonably acceptable to Landlord. All such policies ;
(except workmen's compensationiv) shall name Landlord and Building Manager as additional insureds, and provide that Tenant’s insurers shall use good faith efforts to provide they cannot be canceled or altered except upon 30 days at least 10 days’ prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period Landlord in the event any of cancellation or change; and
(v) shall not have a “deductible” in excess of five thousand dollars ($5,000) per occurrence. Certificates of insurance for such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage policies shall be deposited with a retroactive date Landlord prior to the same as or earlier than the expiration date time Tenant enters into possession of the canceled or expired policy. Tenant shall provide certificate(s), Leased Premises and if requested copies upon renewal of the such policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 but not less than 10 days prior to their renewal date and the expiration of the term of such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leasecoverage.
Appears in 2 contracts
Sources: Multi Tenant Space Lease (Nevro Corp), Multi Tenant Space Lease (Nevro Corp)
Tenant’s Insurance. 9.3.1 Tenant shall, at its own cost, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance following coverage in the maximum statutory amount and Employers following amounts: Commercial General Liability insurance in Insurance covering the amount insured against Claims of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage (including loss of use thereof) arising out of Tenant’s operations, and contractual liabilities, for products limits of liability not less than: Bodily Injury and completed operations$5,000,000 each occurrence Property Damage Liability $5,000,000 annual aggregate Commercially reasonable deductible amounts Personal Injury Liability $5,000,000 each occurrence $5,000,000 annual aggregate Commercially reasonable deductible amounts
9.3.2 Tenant shall also insure (i) all Alterations and tenant improvements now or hereafter permanently attached to the Premises (and not described in (ii) below) by or on behalf of Tenant (collectively, the “Permanent Alterations”), and (ii) all of Tenant’s personal property, fixtures, systems and equipment (including the Supplemental Equipment) now or hereafter in the Premises and/or Project (including the Supplemental Areas) against loss or damage due to fire and other casualties covered within the classification of fire and extended coverage, vandalism coverage and malicious mischief, water damage and all other risks normally covered under “special form” policies in the geographical area of the Building. Such coverage shall be for full replacement of the insured items (less commercially reasonable deductibles) in compliance with Applicable Laws.
9.3.3 All such insurance shall required to be procured from a responsible insurance company or maintained by Tenant shall: (a) be maintained throughout the Lease Term (as may be extended); (b) be issued by companies authorized to do business licensed in the State where the Premises are located, with general policyholder's ratings of not less than AA + California and having a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory reasonably acceptable to Landlord. All such policies ; (except workmen's compensationc) name Master Landlord, Landlord, Master Landlord’s property manager and the holder of any mortgage encumbering the Building or Project as additional insureds with respect to Tenant’s liability insurance under Section 9.3.1 above and as loss payees (as their respective interests appear) with respect to the property damage insurance described in Section 9.3.2(i) above; (d) provide, in effect, that the insurer shall name endeavor to give Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days Master Landlord at least ten (10) days’ prior written notice to Landlord. All insurance maintained by Tenant shall of cancellation or material reduction in coverage; (e) be primary insurance as to all claims thereunder, and provide that any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claimsLandlord is excess and is non-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period contributing; and (f) be in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policycommercially reasonable form. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance deliver to Landlord upon commencement certificates of insurance evidencing the coverage required to be carried by Tenant hereunder on or before the Lease Term Commencement Date and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to before the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leaseexpiration dates thereof.
Appears in 2 contracts
Sources: Lease (CoreSite Realty Corp), Lease (CoreSite Realty Corp)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $ 5,000,000 each occurrence Personal Injury and Advertising Liability $ 5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $ 1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the “Improvements,” as that term is defined in Section 2.1 of the Work Letter, and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains.
Appears in 2 contracts
Sources: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
Tenant’s Insurance. Tenant shallshall maintain, at its own costcost and expense, the following coverages with limits of not less than the greater of (i) those set forth hereunder, and (ii) those required by law.
10.3.1 Commercial General Liability Insurance issued on terms no less broad than the most current ISO CG 00 01 occurrence form covering the insured against claims of bodily injury, personal and advertising injury and property damage (including loss of use thereof) arising out of Tenant’s operations, products/completed operations, social or host liquor liability (if applicable), and “insured contracts” (as defined by the most current ISO CG 00 01 form), including a Separation of Insureds provision with no exclusion for cross-liability, and including the Additional Insureds (as defined hereunder) as additional insureds with respect to both ongoing and completed operations coverage on a primary and non-contributory basis, for limits of liability of not less than: $1,000,000 each occurrence $2,000,000 annual aggregate per location $1,000,000 personal and advertising injury $2,000,000 products-completed operations Commercially reasonable deductible or self-insured retention (but not in excess of $25,000). $25,000 self-insured retention on product liability.
10.3.2 Property Insurance covering (i) all office furniture, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s property on the Premises installed by, for, or at all times during the Lease Termexpense of Tenant, procure and maintain workmen's compensation insurance (ii) the Tenant Improvements described in Exhibit 1.1.1-2 and any other tenant improvements that exist in the maximum statutory amount and Employers Liability Premises as of the Rent Commencement Date (the “New Improvements”). Such insurance in the amount shall be written on an “all risks” of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") basis, for the full replacement cost of Tenant's Property and the contents value (subject to reasonable deductible amounts) new without deduction for depreciation of the Premises 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, hail, windstorm, flood, earthquake, terrorism, vandalism and malicious mischief, theft, water damage of any type, including damage due to water sprinkler leakage, in an amount equal to their full replacement costearthquake sprinkler leakage, bursting or stoppage of pipes, and commercial general liability insuranceexplosion.
10.3.3 Business Income Interruption for one (1) year plus Extra Expense insurance in such amounts as will reimburse Tenant for actual direct or indirect loss of earnings and continuing expenses, including coverage for bodily injuryrent, property damageattributable to the risks outlined in Section 10.3.2 above.
10.3.4 Auto Liability Insurance covering liability arising out of any auto, personal injury including owned (employee and contractual liability exclusions deletedif any), products and completed operationsnon-owned, contractual liability, owner's protective liabilityleased, and broad form property damage hired autos, with the following limits a limit of liability: not less than $2,000,000.00 each occurrence 1,000,000 combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate each accident for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leasedamage.
Appears in 2 contracts
Sources: Lease (Aethlon Medical Inc), Lease (Aethlon Medical Inc)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during the Lease Term, procure and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement costshall obtain, and commercial general liability shall keep in full force and effect, the following insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies insurers that are authorized to do business in the State where of New Jersey 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, damage to rented premises, personal and advertising injury and products/completed operations coverage. The policy shall insure against claims for bodily injury, personal injury, death or property damage occurring on, in or about the Premises are located, with general policyholder's ratings limits of not less than AA + $1,000,000.00 per occurrence and a financial rating $2,000,000.00 in the aggregate. If the policy covers other locations owned or leased by Tenant, such policy must include an aggregate limit per location endorsement.
(ii) Special Form (“All Risk”) Property insuring all equipment, trade fixtures, inventory, fixtures or personal property or any Tenant Improvements which are the responsibility of Tenant located on or in the Premises with an agreed amount endorsement and equal to the full replacement cost value of such property. Tenant acknowledges that Landlord will not carry insurance of any kind on Tenant’s equipment, trade fixtures, inventory, fixtures or personal property or any Tenant Improvements which are the responsibility of Tenant, and Landlord shall not be obligated to repair any damage thereto or replace the same.
(iii) Workers’ Compensation Insurance as required by applicable laws of the state in which the Premises is located, including Employers’ Liability Insurance with limits of not less than: (x) $100,000.00 per accident; (y) $500,000.00 disease policy limit; and (z) $100,000.00 disease, each employee.
(iv) Business interruption insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to those events commonly insured against by reasonably prudent tenants and/or attributable to Tenant’s ability to access or occupy (all or part of) the Premises for at least one (1) year.
(v) Excess or Umbrella Liability Insurance with limits of not less than "XI" $2,000,000.00 per occurrence and in the most current available Best's Insurance Reportsaggregate providing coverage in excess of, and follow-form to, the primary commercial general liability and employer’s liability insurance required herein.
(vi) Such other insurance as Landlord deems necessary and prudent or as may be required by any Lender or Master Landlord, provided that such insurance is typically carried by tenants occupying buildings located in ▇▇▇▇▇▇ County, New Jersey comparable to the Building.
(vii) In addition to the aforementioned insurances, and during any such time as any alterations or work is being performed at the Premises (except that work being performed by Landlord or on behalf of Landlord), Tenant, at its sole cost and expense, shall carry or shall cause to be carried by applicable contractors and subcontractors, and shall deliver to Landlord at least ten (10) days prior to commencement of any such alteration or work, evidence of insurance with respect to (A) workers’ compensation insurance covering all persons employed in connection with the proposed alteration or work in statutory limits, (B) general/excess liability insurance, in an amount commensurate with the work to be otherwise 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 reasonably satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice (D) such other insurance, in such amounts, as Landlord deems reasonably necessary to protect Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period ’s interest in the event Premises from any such policy is canceled act or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits omission of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease’s contractors or subcontractors.
Appears in 2 contracts
Sources: Lease Agreement (BTRS Holdings Inc.), Lease Agreement (South Mountain Merger Corp.)
Tenant’s Insurance. Tenant shallTenant, at its own costTenant's sole cost and expense, agrees to keep in full force and effect at all times during the Lease TermTerm of this Lease:
(i) Commercial general liability insurance which insures against claims for bodily injury, procure personal injury, advertising injury, and maintain workmenproperty damage based 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 injury arising out of heat, smoke or fumes from a hostile fire. Such insurance shall be written on an occurrence basis and 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 maximum statutory amount and Employers Liability 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 amount 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 $500,000Tenant's trade fixtures, each covering furniture, inventory and other personal property owned by Tenant and located in or about the Premises or the Building, and on any Alterations, all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and thereof. Tenant shall use the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All 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 procured from a responsible named as loss payee with respect to any Alterations.
(vi) Business income and extra expense insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of limits not less than AA + and a financial rating one hundred percent (100%) of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained all charges payable by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this LeaseLease for a period of twelve (12) months.
Appears in 2 contracts
Sources: Office Lease (KBS Real Estate Investment Trust III, Inc.), Deed of Lease (Vse Corp)
Tenant’s Insurance. Tenant shall, shall procure at its own cost, at all times cost and expense and keep in effect during the Lease TermTerm broad form comprehensive general liability insurance, procure and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000including, each covering all persons employed by Tenantwithout limitation, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") contractual liability for the full replacement cost of Tenant's Property indemnity obligation contained in Section 17 and the contents specific coverage of the Premises including damage due risks arising out of any activities of Tenant pursuant to water leakageArticles 7 and 8, with a combined single limit of liability in an amount equal to their full replacement cost, and commercial the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability insurance, including coverage for bodily injury, property damage, form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (employee and ii) including employees as additional insureds, (iii) providing for blanket contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, coverage and broad form property damage with the following limits coverage, (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such Such insurance shall name Landlord and any other party designated by Landlord as an additional insured, shall be procured from a responsible insurance company or carried by companies authorized licensed to do business in the State where the Premises are located, with California and which have a general policyholder's ratings policy holders' rating of not less than AA + "A" and a financial rating of not less than Class "XIX" as set forth in the most current available issue of Best's Insurance ReportsGuide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall be provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise satisfactory reduce coverage shall not reduce or void the coverage as to Landlord. All such policies any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (except workmen's compensationor the onset of which occurred or arose) shall name Landlord and Building Manager as additional insuredsin whole or part during the policy period, and shall provide they cannot be canceled or altered except upon 30 days prior that Landlord will receive thirty (30) days' written notice from the insurer prior to Landlordany cancellation or change of coverage. All Tenant shall deliver policies of such insurance maintained by or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefore. Tenant shall be primary to any insurance carried by Landlordresponsible, at its cost and expense, for separately insuring Tenant's property. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, The amounts of such insurance shall be subject to adjustment from time to time as requested by Landlord based upon commencement Landlord's determination of the Lease Term and at least 30 days prior to their renewal date and amount of such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.generally required for comparable tenants,
Appears in 2 contracts
Sources: Office Lease (Avantgo Inc), Office Lease (Avantgo Inc)
Tenant’s Insurance. (a) Tenant shall, at its own cost, at all times during shall maintain in full force throughout the Lease Term, procure and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, including insurance providing coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad on an occurrence form property damage basis with the following limits of liability: not less than Two Million Dollars ($2,000,000.00 2,000,000.00) each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for combined, Two Million Dollars ($2,000,000.00) annual general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operationsoperations annual aggregate. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholderTenant's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basisor policies shall: (i) include premises and operations liability coverage, Tenant shall provide continuous products and completed operations liability coverage, broad form property damage coverage including completed operations, blanket contractual liability coverage for claims arising during the entire Lease Termincluding, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall notmaximum extent possible, under any circumstances, limit coverage for the liability indemnification obligations of Tenant under this Lease, and personal and advertising injury coverage; (ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) cover liabilities arising out of or incurred in connection with Tenant's use or occupancy of the Premises or the Property; and (v) emend coverage to cover liability for the actions of Tenant's Representatives and Visitors.
(b) Tenant shall at all times maintain in effect with respect to any Alterations and Tenant's Trade Fixtures and personal property, commercial property insurance providing coverage, at a minimum, for "broad form" perils, to the extent of 80% of the full replacement cost of covered property. Tenant may carry such insurance under a blanket policy, provided that such policy provides equivalent coverage to a separate policy. During the Term, the proceeds from any such policies of insurance shall be used for the repair or replacement of the Alterations, Trade Fixtures and personal property so insured. Landlord shall be provided coverage under such insurance to the extent of its insurable interest and, if requested by Landlord, both Landlord and Tenant shall sign all documents reasonably necessary or proper in connection with the settlement of any claim or loss under such insurance. Landlord will have no obligation to carry insurance on any Alterations or on Tenant's Trade Fixtures or personal property.
(c) Each policy of insurance required under this Section shall: (i) be in a form, and written by an insurer, reasonably acceptable to Landlord, (ii) be maintained at Tenant's sole cost and expense, and (iii) require at least thirty (30) days' written notice to Landlord prior to any cancellation, nonrenewal or modification of insurance coverage. Insurance companies issuing such policies shall have rating classifications of "A" or better and financial size category ratings of "VII" or better according to the latest edition of the A.M.
Appears in 2 contracts
Sources: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance following coverages in the maximum statutory amount and Employers Liability insurance in the amount following amounts ("Tenant's Insurance"). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an "occurrence" basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedPremises, with general policyholderincluding Landlord's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsmanaging agent, and ground lessor and/or any Landlord Mortgagee, if any, shall be otherwise satisfactory to named as additional insureds using Insurance Service Organization's form CG2011 or ▇▇▇▇▇ 25, as applicable, or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant's coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains any general liability insurance policy on a claims-made basis, The Commercial General Liability Insurance carried by Tenant shall provide continuous liability not exclude damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant's indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $10,000,000 each occurrence Personal Injury and Advertising Liability $10,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $2,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Premises, including, without limitation, the "Improvements", as that term is defined in the Building Specifications, and any other improvements which exist in the Premises as of the Lease Commencement Date, and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance, shall name Landlord and any other party the Landlord so specifies that has a material financial interest in the Premises, including Landlord's managing agent, ground lessor and/or any Landlord Mortgagee, if any, as loss payees, and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage, (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. L. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates), and (d) the risks of earthquakes.
Appears in 1 contract
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies in writing to Tenant that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding ▇▇▇▇▇▇▇▇’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all Losses assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $5,000,000.00 each occurrence Personal Injury and Advertising Liability $5,000,000.00 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $5,000,000.00
10.3.2 Property Insurance covering (i) Tenant’s Property and Tenant’s Off- Premises Equipment, (ii) any improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building and Landlord’s Insured Property) (the “Original Improvements”), and (iii) all Alterations performed in the Premises (items (i), (ii) and (iii) are collectively, “Tenant’s Insured Property”). Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains. Tenant shall use the proceeds from any such insurance for the replacement of Tenant’s Insured Property.
Appears in 1 contract
Sources: Office Lease (Amplitude, Inc.)
Tenant’s Insurance. Tenant shall, during the Term hereof (and during any period that Tenant may enter, occupy and/or use the Premises prior to the Commencement Date and any holdover period), at its own costsole cost and expense, keep in full force and effect the following insurance:
22.1.1. Property insurance insuring against any perils included within the classification “All Risk,” including, without limitation, fire, windstorm, cyclone, tornado, hail, earthquake, explosion, riot, riot attending a strike, civil commotion, aircraft, vehicle, smoke damage, vandalism, malicious mischief and sprinkler leakage. Such insurance shall insure all property owned by Tenant or any other Tenant Party, for which Tenant or any other Tenant Party is legally liable or that was installed at the expense of Tenant or any other Tenant Party, and which is located in the Building, including, without limitation, furniture, furnishings, installations, fixtures and equipment, any other personal property, and in addition, all times during improvements and betterments to the Lease TermPremises, procure including all Leasehold Improvements, in an amount not less than one hundred percent (100%) of the full replacement cost thereof. For the purposes of this Section 22.1.1, the Premises shall consist of the floor area shown in the Outline of Premises, consisting of the cubic space spanning from the floor slab to the bottom surface of the floor slab of the floor immediately above the Premises (“Upper Slab”), without any offsets or deductions that are included for the Permitted Use of Tenant. Such cubic space shall include the plenum space which is bounded by the lower surface of the Upper Slab and the suspended ceiling of the Premises. Such policy shall name Landlord, any mortgagees of Landlord and any other additional parties designated by Landlord as loss payees, as their respective interests may appear.
22.1.2. Commercial General Liability Insurance insuring Tenant on the current ISO CG 00 01 occurrence form or any equivalent reasonably acceptable to Landlord against any liability arising out of the lease, use, occupancy or maintenance of the Premises, the Building or the Project, or any portion of the foregoing. Such insurance shall be in the following minimum limits: $2,000,000 per occurrence and $3,000,000 in the aggregate and shall cover injury (including mental anguish) to or death of one or more persons and damage to tangible property (including loss of use) including blanket contractual liability, broad form property damage (including coverage for explosion, collapse and underground hazards), and $1,000,000 personal & advertising injury. The policy shall insure the hazards of the Premises and Tenant’s operations thereon, Tenant’s independent contractors and Tenant’s contractual liability (including, without limitation, the indemnity contained in Article 20 hereof) and shall: (i) name Landlord (10770 Wateridge Investors LLC); SRE SD4, LLC; SB 10770 Wateridge Investors LLC; the Property Manager; any additional entity Landlord may designate from time to time; and their respective partners, parents, affiliates, divisions and subsidiaries, and each of their respective directors, officers, principals, partners, shareholders, members, managing members, agents, employees, successors and assigns (together with Landlord, collectively, “Landlord Indemnified Parties”) as additional insureds; and (ii) include coverage for cross liability claims between Named Insureds (i.e., “Named Insured vs. Named Insured” Cross Liability Coverage Endorsement if required for coverage and no exclusion for cross liability claims between Named Insureds). Such insurance shall not contain any exclusions or restrictions applicable to operations of the type contemplated by this Lease. In addition to any insurance required of Tenant, Tenant shall secure, pay for and maintain workmen's compensation or cause Tenant’s contractors and sub-contractors to secure, pay for and maintain insurance during any construction or work to the Premises performed by or on behalf of Tenant at a minimum equal to the limits of liability required by Tenant. Tenant’s products and completed operations insurance shall be maintained for a minimum period equal to the greater of (i) the period under which a claim can be asserted under any applicable statutes of limitations and/or repose or (ii) three (3) years after Substantial Completion of the Tenant Improvements. Tenant’s contractual liability insurance shall include coverage sufficient to meet the indemnity obligations included herein.
22.1.3. Worker’s Compensation Insurance in compliance with statutory requirements of the maximum statutory amount state(s) in which the employee resides, is hired and Employers Liability in which this Lease takes place, which insurance in the amount of $500,000, each covering shall apply to all persons employed by Tenant, and Employer’s Liability insurance in amounts not less than $1,000,000 per accident, $1,000,000 per disease, and $1,000,000 disease-policy limit.
22.1.4. Business interruption insurance and extra expense coverage on ISO coverage form CP 0030 or equivalent reasonably acceptable to Landlord, which shall cover Tenant’s monetary obligations under this Lease and any direct or indirect loss of earnings attributable to perils insured against in Section 22.1.1 above for a period of at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage twelve (commonly known as "all risk"12) for the full replacement cost of Tenant's Property and the contents of the Premises including damage due months. If Tenant fails to water leakage, in an amount equal to their full replacement cost, and commercial general liability obtain business interruption insurance, it is understood and agreed upon that Tenant is fully responsible for its own business interruption exposure whether insured or not.
22.1.5. Comprehensive Automobile Liability Insurance including coverage for bodily injuryall owned, property damageleased, personal injury (employee hired and contractual liability exclusions deleted)non-owned vehicles, products and completed operationsif any, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence a minimum combined single limit for bodily injury, property damage and personal injury; of $2,000,000.00 aggregate 1,000,000 per occurrence for bodily injury and property damage liability.
22.1.6. Umbrella/Excess Liability Insurance policy with a per occurrence and annual aggregate limit of $5,000,000 per location/project. The limits of liability required in Section 22.1.2 above for products Commercial General Liability can be provided in a combination of a Commercial General Liability policy and completed operationsan Umbrella Liability policy. All such insurance Coverage shall be procured from in excess of Commercial General Liability, Auto Liability and Employers’ Liability insurance with such coverage being on a responsible follow form basis, concurrent to and not more restrictive than underlying insurance. Tenant shall, by specific endorsement to its Umbrella/Excess Liability policy, cause the coverage afforded to the Landlord Indemnified Parties thereunder to be first tier umbrella/excess coverage above the primary coverage afforded to the Landlord Indemnified Parties as set forth in this Lease and not concurrent with or excess to any other valid and collectible insurance company available to the Landlord Indemnified Parties whether provided on a primary or companies authorized excess basis. It is the specific intent of the parties that Tenant procure the excess carriers’ agreement to do business waive and/or forego any viable “horizontal exhaustion” rights it might have in the State where the Premises are locatedregard to any insurance any Landlord Indemnified Party might carry for its own benefit or on behalf of any other Landlord Indemnified Party.
22.1.7. If Tenant sells or dispenses alcoholic beverages, Liquor Liability Insurance with general policyholder's ratings limits of not less than AA + $5,000,000 per occurrence.
22.1.8. Pollution Legal Liability insurance if Tenant stores, handles, generates or treats Hazardous Materials, as determined solely by Landlord, on or about the Premises. Such coverage shall include bodily injury, sickness, disease, death or mental anguish or shock sustained by any person; property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and a financial rating the loss of use of tangible property that has not been physically injured or destroyed; and defense costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages. Coverage shall apply to both sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water. Claims-made coverage is permitted, provided the policy retroactive date is continuously maintained prior to the Commencement Date (or such earlier date that Tenant has access to the Premises), and coverage is continuously maintained during all periods in which Tenant occupies the Premises. Coverage shall be maintained with limits of not less than "XI" $1,000,000 per incident with a $2,000,000 policy aggregate. Notwithstanding anything to the contrary in this Lease, such coverage shall not be required, if at all, until July 1, 2019.
22.1.9. 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.
22.1.10. Tenant may place all or any of the most current available Best's Insurance Reportsforegoing insurance coverages under blanket insurance policies carried by Tenant provided that no other loss which may also be insured by such blanket insurance shall affect the insurance coverages required hereby and so long as such policy complies with the amount of coverage required hereunder and otherwise provides the same protection as would a separate policy insuring only Tenant’s insurance obligations in compliance with the provisions of Section 22.1 hereof. In addition, and Tenant shall be otherwise satisfactory deliver to Landlord a certificate specifically stating that such coverages apply to Landlord, the Premises, the Building and the Project.
22.1.11. All If Tenant shall hire or bring a vendor or contractor onto the Premises to perform any alterations, work or improvements, Tenant agrees to have a written agreement with such policies (except workmen's compensation) vendor or contractor whereby such vendor or contractor will be required to carry the same insurance coverages for Commercial General Liability, Auto and Worker’s Compensation, Employer’s Liability and Pollution Legal Liability insurance as required of Tenant herein. Tenant shall name also require that such vendor’s or contractor’s insurance meet the same additional terms as required of Tenant herein with regards to adding the Landlord Indemnified Parties and Building Manager all mortgagees as additional insureds, maintaining primary and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All non-contributory coverage, waiving all rights of recovery and subrogation, and making certificates of insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising available as evidence of all policies during the entire Lease Term, regardless term of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period their work and in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date advance of the canceled or expired policyall applicable renewals. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance not allow any vendors or contractors to Landlord upon commencement of the Lease Term and at least 30 days begin work prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other obtaining certificates evidencing all insurance requirements contained herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Maravai Lifesciences Holdings, Inc.)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of or from the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an "occurrence" basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholderincluding Landlord's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsmanaging agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant's coverage ./ -/// -30- ▇▇▇▇▇▇ REALTY, L.P. [ACADIA Pharmaceuticals Inc.] is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant's indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $7,000,000 each occurrence Personal Injury and Advertising Liability $7,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $2,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the "Original Improvements"), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109‑144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110‑160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following: Bodily Injury and Property Damage Liability $2,000,000 per occurrence and $2,000,000 general aggregate Personal Injury and Advertising Liability $2,000,000 per occurrence and $2,000,000 general aggregate Tenant Legal Liability/Damage to Rented Premises Liability $2,000,000 each occurrence Umbrella Liability (Excess Liability) $5,000,000.00 per occurrence
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Tenant’s Insurance. On or before the earlier of any Early Access Period, the Commencement Date or the date Tenant shallcommences or causes to be commenced any work of any type in the Premises, at its own cost, at all times and continuing during the Lease entire Term, procure Tenant shall obtain and maintain workmen's compensation keep in full force and effect, the following insurance with limits of coverage as set forth in Section 1.14 of the Summary:
a. Special Form (formerly known as “all risk”) insurance, including fire and extended coverage, sprinkler leakage (including earthquake sprinkler leakage), vandalism and malicious mischief with respect to Tenant’s Alterations, furniture, fixtures, equipment and personal property.
b. Commercial general liability insurance coverage on an occurrence basis, including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, limited contractual liability, liquor liability (if Tenant commercially serves alcohol on the Premises), products and completed operations liability. The limits of liability of such commercial general liability insurance may be increased every three (3) years during the Term upon reasonable prior notice by Landlord to an amount reasonably required by Landlord and reasonably agreed by Tenant and appropriate for tenants of buildings comparable to the Building. Owner’s protective coverage (which would be applicable only in the maximum context of a construction project) shall be covered separately in a Builder’s Risk insurance policy.
c. Commercial Automobile Liability covering all owned, hired and non-owned automobiles.
d. Worker’s compensation, in statutory amount amounts and Employers Liability insurance in the amount of $500,000employers liability, each covering all persons employed by TenantTenant in connection with any work done in, on or about the Premises for which claims for death, bodily injury or illness could be asserted against Landlord, Tenant or the Premises.
e. Umbrella liability insurance on an occurrence basis, in excess of and following the form of the underlying insurance described in Section 14.1.b. and 14.1.c. and the employer’s liability coverage in Section 14.1.d. which is at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property each and the contents every area of the Premises including damage due to water leakageunderlying policies. Such umbrella liability insurance shall include pay on behalf of wording, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operationsconcurrency of effective dates with primary policies, contractual liability, owner's protective liability, and broad form property damage with the following limits application of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insuredsprimary policy aggregates, and shall provide they cannot be canceled or altered except upon 30 days prior written notice that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance, subject to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy customary commercially reasonable deductible amounts imposed on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the umbrella policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 1 contract
Tenant’s Insurance. (a) Tenant shall, at its own cost, at all times during Tenant's sole cost and expense for the Lease Term, procure mutual benefit of Landlord and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks maintain throughout the Term of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damagethis Lease, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage liability insurance against claims for products bodily injury, death or property damage occurring on, in or about the Premises of not less than One Million Dollars ($1,000,000) in respect of personal injury or death to any one person and completed operationsof not less than One Million Dollars ($1,000,000) in respect of any one accident and of not less then One Million Dollars ($1,000,000) property damage aggregate coverage. During the period of any construction, Tenant shall also cause its Contractors to also maintain such coverage. Each such insurance policy shall be written as primary coverage and not contributing with or in excess of any coverage which Landlord may carry.
(b) Tenant shall, at Tenant's sole cost and expense, obtain and maintain in effect throughout the Term insurance policies providing for the following coverage: all risk and property insurance against fire, theft, vandalism, malicious mischief, sprinkler leakage and such additional perils as now are or hereafter may be included in a standard extended coverage endorsement insuring Tenant's trade fixtures, furnishings, equipment and all items of personal property of Tenant located on or in the Premises for the full replacement value thereof. All proceeds of such insurance, so long as the Lease shall remain in effect, shall be used only to repair or replace the items so insured.
(c) Tenant shall, at Tenant's sole cost and expense, obtain and maintain in effect throughout the Term insurance policies providing for the following coverage: all risk and property insurance against wind, hail, water, fire, theft, vandalism, malicious mischief, sprinkler leakage and such additional perils as now are or hereafter may be included in a standard extended coverage endorsement insuring the Premises in an amount not less than $2,100,000, adjusted for increases in the value of the Premises, from time to time. Landlord shall be the named insured under such policies and all proceeds of such insurance shall be procured from a responsible payable solely to Landlord. Deductibles under the insurance company or companies authorized in this sub-Paragraph (c) shall be as are commercially available at the time of issuance and Landlord acknowledges and agrees that the deductibles presently available for wind/hail insurance is 10%.
(d) All insurance provided in this paragraph shall be effected under valid and enforceable policies issued by insurers of recognized responsibility which are licensed to do business in the State where state in which the Premises are located, with general policyholderare rated A+ or better by A.M. Best and have been approved in writing by Landlord, such approval not to be unreasonably withheld. Prior to the earlier of the Commencement Date or Commencement of Tenant's ratings of Work, and thereafter not less than AA + thirty (30) days prior to the expiration dates of each policy furnished pursuant to this paragraph, Tenant shall deliver to Landlord or Landlord's mortgagee, as directed by Landlord, the original or certified copy of the policy or policies, and/or renewals thereof, evidencing Tenant's continued insurance coverage as required hereunder and a financial rating evidencing the payment of not less than "XI" premiums necessary to maintain such insurance coverages.
(e) All policies of insurance provided in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) this paragraph shall name Landlord and Building Manager and, at Landlord's request Landlord's mortgagee and/or any management agent as additional additional-named insureds, and unless indicated otherwise. Each policy of insurance shall provide they canthat such insurance policy shall not be canceled or altered except upon 30 cancelled unless Landlord shall have received twenty (20) days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policycancellation. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance require its insurer(s) to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, include in addition to the other requirements herein. The limits all of Tenant's insurance policies which could give rise to a right of subrogation against Landlord a clause or endorsement whereby the insurer(s) shall notwaive any rights of subrogation against Landlord. Tenant hereby releases Landlord and its partners, officers, directors, agents and employees from any and all liability or responsibility to Tenant or any person claiming by, through or under Tenant, by way of subrogation or otherwise, for any circumstancesinjury, limit loss or damage to Tenant's property covered by a valid and collectible fire insurance policy with extended coverage endorsement.
(f) Notwithstanding the liability foregoing, attached hereto as Exhibit C is copy of Tenant under the declaration of insurance which the parties agree satisfies all the requirements and limits set forth in this LeaseSection.
Appears in 1 contract
Sources: Sale Agreement (Imaging Diagnostic Systems Inc /Fl/)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Building and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies in a responsible insurance company or companies authorized writing addressed to do business Tenant requesting that such party be added as an additional insured party, that has a material financial interest in the State where the Premises are locatedBuilding, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements, and any other leasehold improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) intentionally omitted.
Appears in 1 contract
Sources: Office Lease (Splunk Inc)
Tenant’s Insurance. Tenant shall, at its own cost, agrees to maintain in full force and effect at all times during the Lease Term, procure at its sole cost and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000expense, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost protection of Tenant's Property Tenant and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the contents of the Premises including damage due to water leakage, following coverages:
(i) Commercial general liability insurance in an amount equal to their full replacement cost, not less than Three Million and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury 00/100 Dollars (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence 3,000,000.00) combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for both bodily injury and property damage for products and which includes blanket contractual liability broad form property damage, personal injury, completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) products liability, which policy shall name Landlord and Building Manager Landlord’s Agents as additional insureds, insureds and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All contain a provision that “the insurance maintained by Tenant 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.(i) of the Lease.”
(ii) Causes of loss special form property insurance carried by Landlord(including, without limitation, vandalism, malicious mischief, inflation endorsement, and sprinkler leakage endorsement) on Tenant’s Personal Property located on or in the Premises. If Tenant obtains any general liability Such insurance shall be in the full amount of the replacement cost, as the same may from time to time increase as a result of inflation or otherwise. As long as this Lease is in effect, the proceeds of such policy shall be used for the repair and replacement of such items so insured. Landlord shall have no interest in the insurance proceeds on a claims-made basisTenant’s Personal Property. Notwithstanding the foregoing, Tenant shall provide continuous liability coverage for claims arising during have the entire Lease Termright, regardless of when the claims are madeat its election, either by obtaining an endorsement providing for an unlimited extended reporting period in the event to self-insure with respect to any such policy is canceled loss or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s)damage to Tenant’s Personal Property.
(iii) Boiler and machinery insurance, including steam pipes, pressure pipes, condensation return pipes and if requested copies of the policiesother pressure vessels and HVAC equipment, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insuredsincluding miscellaneous electrical apparatus, in addition an amount satisfactory to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this LeaseLandlord.
Appears in 1 contract
Sources: Lease Agreement (Claria Corp)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or 692500.09/WLA371593-00023/6-13-12/ao/ao -▇▇- ▇▇▇ ▇▇▇▇▇▇[▇▇▇▇▇▇ Realty, L.P.][Concur Technologies, Inc.] Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability intra-insured exclusions as between insured persons or organizations, except for the exclusions set forth in Tenant's insurance carrier's endorsement CG-D4-32-07-08 or any comparable successor endorsement. This policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during include the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition coverages specified above relating to the other requirements hereinperformance of all of Tenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury andProperty Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the "Improvements," as that term is defined in Section 2.1 of the Work Letter, and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts, and except as otherwise provided with respect to water damage below), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, with a limit of $2,500,000 each occurrence, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 692500.09/WLA371593-00023/6-13-12/ao/ao -▇▇- ▇▇▇ ▇▇▇▇▇▇[▇▇▇▇▇▇ Realty, L.P.][Concur Technologies, Inc.] 2005 (Pub. l. 109‑144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110‑160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Tenant’s Insurance. Tenant shall, at its own cost, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance following coverages in the maximum statutory amount following amounts.
10.2.1 Commercial general liability (CGL) and, if necessary, commercial umbrella insurance, on an occurrence basis, with a limit of not less than $3,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location. CGL insurance shall be written on ISO occurrence form CG 00 01 01 96 (or a substitute form providing equivalent coverage) and Employers Liability shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, liability assumed under an insured contract and the performance by Tenant of the indemnity agreements set forth in Sections 10.1 and 29.2 of this Lease. Landlord shall be included as an insured under the CGL policy, using ISO additional insured endorsement CG 20 11 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance in shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Landlord. There shall be no endorsement or modification of the amount CGL to make it excess over other available insurance; alternatively, if the CGL states that it is excess or pro rata, the policy shall be endorsed to be primary with respect to the additional insured. Tenant waives all rights against Landlord and its agents, officers, directors and employees for recovery of $500,000damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained pursuant to this agreement.
10.2.2 Commercial property insurance covering (i) all office furniture, each covering trade fixtures, office equipment, merchandise and all persons employed by other items of Tenant's property on the Premises installed by, for, or at the expense of Tenant, and (ii) the Tenant Improvements and Alterations. Such insurance shall cover the perils insured under the ISO special causes of loss form (CP 10 30) and shall include coverage at least as broad as ISO Special Form Coverage against risks for vandalism and malicious mischief, terrorism coverage for both certified and non-certified acts of direct physical loss or damage terrorism, water damage, sprinkler leakage coverage and boiler and machinery (commonly known as "all risk") for systems breakdown). The amount insured shall equal the full replacement cost value new without deduction for depreciation of the covered items. Any coinsurance requirement in the policy shall be eliminated through the attachment of an agreed amount endorsement, the activation of an agreed value option, or as is otherwise appropriate under the particular policy form. In no event shall Landlord be liable for any damage to or loss of personal property sustained by Tenant, whether or not it is insured, even if such loss is caused by the negligence of Landlord, its employees, officers, directors or agents. Landlord and Tenant hereby waive any recovery of damages against each other (including their employees, officers, directors, agents, or representatives) for loss or damage to the Building, tenant improvements and betterments, fixtures, equipment, and any other personal property to the extent covered by the commercial property insurance required above. If the commercial property insurance purchased by Tenant as required above does not allow the insured to waive rights of recovery against others prior to loss, Tenant shall cause them to be endorsed with a waiver of subrogation as required above.
10.2.3 Business income, Business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises or to the Building as a result of such perils. In no event shall Landlord be liable for any business interruption or consequential loss sustained by Tenant, whether or not it is insured, even if such loss is caused by the negligence of Landlord, its agents, employees, directors officers or contractors.
10.2.4 Worker's compensation insurance providing statutory benefits to Tenant's Property and the contents of the Premises including damage due to water leakageemployees, in an amount equal to their full replacement cost, and commercial general employers liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage insurance with the following limits of liability: not less than $2,000,000.00 1,000,000 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. Tenant waives all rights against Landlord and property damage its agents, officers, directors, and employees for products recovery of damages to the extent these damages are covered by the workers compensation and completed operationsemployers liability obtained by Tenant. All such Tenant shall obtain an endorsement to effect this waiver.
10.2.5 Professional Liability insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and $1,000,000.00 each claim/aggregate, including limited contractual liability coverage. Insurance will be maintained in force, for a financial rating period of not less than "XI" in three (3) years after lease expiration. The retroactive date on the most current available Best's Insurance Reportspolicy will pre-date the beginning of this lease, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they canthe retroactive date will not be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising advanced during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period that this lease is in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leaseeffect.
Appears in 1 contract
Sources: Office Lease (INX Inc)
Tenant’s Insurance. Tenant shall, at its own cost, agrees to maintain in full force and effect at all times during the Lease Term, procure at its sole cost and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000expense, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost protection of Tenant's Property Tenant and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the contents of the Premises including damage due to water leakage, following coverages:
(i) Commercial general liability insurance in an amount equal to their full replacement cost, not less than Three Million and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury 00/100ths Dollars (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence 3,000,000.00) combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for both bodily injury and property damage for products and which includes blanket contractual liability broad form property damage, personal injury, completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) products liability, which policy shall name Landlord and Building Manager Landlord's Agents as additional insureds, insureds and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All contain a provision that "the insurance maintained by Tenant 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.(i) of the Lease."
(ii) Causes of loss-special form property insurance carried by Landlord(including, without limitation, vandalism, malicious mischief, inflation endorsement, and sprinkler leakage endorsement) on Tenant's Personal Property located on or in the Premises. If Tenant obtains any general liability Such insurance shall be in the full amount of the replacement cost, as the same may from time to time increase as a result of inflation or otherwise. As long as this Lease is in effect, the proceeds of such policy shall be used for the repair and replacement of such items so insured. Landlord shall have no interest in the insurance proceeds on a claims-made basisTenant's Personal Property. Notwithstanding the foregoing, Tenant shall provide continuous liability coverage for claims arising during have the entire Lease Termright, regardless of when the claims are madeat its election, either by obtaining to self-insure with respect to any loss or damage to Tenant's Personal Property.
(iii) Boiler and machinery insurance, including steam pipes, pressure pipes, condensation return pipes and other pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in an endorsement providing for an unlimited extended reporting period amount satisfactory to Landlord.
(iv) Workers compensation insurance in the event any such policy is canceled or manner and to the extent required by applicable law and with limits of liability not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier less than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s)minimum required under applicable law, and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability covering all employees of Tenant under this Leasehaving any duties or responsibilities in or about the Premises.
Appears in 1 contract
Sources: Lease Agreement (Excite Inc)
Tenant’s Insurance. Tenant shall, at its own cost, agrees to maintain in full force and ------------------ effect at all times during the Lease Term, procure at its sole cost and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000expense, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost protection of Tenant's Property Tenant and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the contents of the Premises including damage due to water leakage, following coverages:
(i) Commercial general liability insurance in an amount equal to their full replacement cost, not less than Three Million and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury no/100ths Dollars (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence 3,000,000.00) combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for both bodily injury and property damage for products and which includes blanket contractual liability broad form property damage, personal injury, completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) products liability, which policy shall name Landlord and Building Manager Landlord's Agents as additional insureds, insureds and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All contain a provision that "the insurance maintained by Tenant 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 carried by Landlord(including, without limitation, vandalism, malicious mischief, inflation endorsement, and sprinkler leakage endorsement) on Tenant's Personal Property located on or in the Premises. If Tenant obtains any general liability Such insurance shall be in the full amount of the replacement cost, as the same may from time to time increase as a result of inflation or otherwise. As long as this Lease is in effect, the proceeds of such policy shall be used for the repair and replacement of such items so insured. Landlord shall have no interest in the insurance proceeds on a claims-made basisTenant's Personal Property. Notwithstanding the foregoing, Tenant shall provide continuous liability coverage for claims arising during have the entire Lease Termright, regardless of when the claims are madeat its election, either by obtaining to self-insure with respect to any loss or damage to Tenant's Personal Property.
(iii) Boiler and machinery insurance, including steam pipes, pressure pipes, condensation return pipes and other pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in an endorsement providing for an unlimited extended reporting period amount satisfactory to Landlord.
(iv) Workers compensation insurance in the event any such policy is canceled or manner and to the extent required by applicable law and with limits of liability not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier less than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s)minimum required under applicable law, and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability covering all employees of Tenant under this Leasehaving any duties or responsibilities in or about the Premises.
Appears in 1 contract
Sources: Build to Suit Lease (At Home Corp)
Tenant’s Insurance. During the Term, the Tenant shallshall procure and maintain, at its own Tenant’s cost, at the following insurance coverages on the Leased Premises.
(a) Coverage for all times during the Lease Term, procure and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss of or damage (commonly known as "all risk") for to the full replacement cost of Tenant's Property House, and the contents of the Premises including damage due to water leakageany appurtenances, in an amount equal to their not less than one hundred percent (100%) of the full insurable value.
(b) The term "full insurable value" shall mean the actual replacement cost, excluding foundation and commercial general excavation costs.
(c) Commercial General liability insurance as follows.
(1) The policy shall contain a cross- liability endorsement stating that, in the event that a claim is brought by one insured against another insured under the policy, or by an employee of one insured against another insured under the policy, each insured shall be considered a separate insured for purposes of the insurance, including coverage for bodily injury, property damage, personal injury ; provided available and at a reasonable cost.
(employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with 2) The policy shall be written on the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate “caused by any occurrence” rather than written on the "caused by accident" basis for bodily injury and property damage liability coverage.
(3) The policy shall be written with a blanket contractual liability endorsement providing automatic coverage for products bodily injury or property damage assumed under any type of contract or agreement.
(4) The policy shall be written using a “personal injury” endorsement providing coverage for claims arising out of false arrest, false imprisonment, defamation of character, libel and completed operationsslander, wrongful eviction and invasion of privacy and such endorsement shall not contain an exclusion of coverage for claims for “personal injury” brought by employees of an insured. All The policy shall provide coverage against any claim, direct or indirect, actual or alleged, related to the employment of any person by an insured.
(5) The policy shall be written with combined single limits for bodily injury, personal property damage and liquor liability (if liquor is being sold) of at least Two Million Dollars ($2,000,000.00), and a supplemental catastrophic liability policy of Five Million Dollars ($5,000.00). Landlord shall have the right to increase the insurance coverage requirement under this Section from time to time as may be necessary, in the Landlord’s discretion, to maintain adequate insurance coverage measured by reference to policies maintained by similarly situated businesses.
(d) During the course of all Pre-Occupancy Work and Post-Occupancy Work, except for Qualified Work, builder’s risk insurance.
(e) Steam boiler insurance on all steam boilers, present boilers, including piping and mechanical and electrical systems, or other such like apparatus as Landlord may deem necessary to be covered by such insurance and in such amount or amounts as Landlord may from time to time reasonably require.
(f) Flood insurance (whenever such insurance shall be procured obtainable at commercially reasonable standard rates if the Leased Premises is located in a special flood hazard zone) upon all buildings, improvements, fixtures and equipment to their full insurable value.
(g) Such other forms of insurance as from a responsible time to time may be reasonably required by Landlord, which at the time are commonly insured against in the case of the premises similarly situated, due regard being, or to be given, to the height and type of building, its construction, use and occupancy.
(h) All insurance company or companies authorized required to be maintained under this Lease shall be effected under enforceable policies issued by insurers licensed to do business in Connecticut. Tenant shall give Landlord Notice of any proposed insurer and Landlord shall have the State where reasonable right of Approval over the Premises are locatedinsurer selected by Tenant. Each liability insurance policy shall, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in to the most current available Best's Insurance Reportsextent possible, and name Landlord as an additional insured. Each policy shall be otherwise satisfactory written pursuant to an agreement, to the extent reasonably available, that such policy shall not be cancelled or non-renewed without at least thirty (30) days’ notice to the Landlord. All
(i) Tenant shall give Notice to the Landlord of the payment of premiums for such policies (except workmen's compensation) shall name Landlord and Building Manager insurance as additional insureds, Tenant is required to maintain under this Lease and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage Landlord with a retroactive date the same as or earlier than the expiration date proof of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies existence of the policies, of such required insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leaserequest.
Appears in 1 contract
Sources: Ground Lease
Tenant’s Insurance. Tenant shall, at its own cost, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance following coverages in the maximum statutory following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4 below (as applicable). Tenant may carry the insurance required to be carried by Tenant hereunder under a blanket policy of insurance that covers other locations where Tenant and Tenant's affiliates conduct business, provided that such blanket policy shall be endorsed to specifically cover the Premises and shall provide the same amount and Employers Liability insurance types of coverage for the Premises and Tenant's activities in the amount Building that would be provided by a separate policy meeting the requirements of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurancethis Section 10.3.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an "occurrence" basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholderincluding Landlord's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsmanaging agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant's coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant's indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy Bodily Injury and Property Damage Liability $5,000,000 each occurrence Personal Injury, Advertising and Auto Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00
10.3.2 Special Form (Causes of Loss) Property Insurance covering (i) all office furniture, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's property on the Premises installed by, for, or at the expense of Tenant, (ii) the "Tenant Improvements," as that term is defined in Section 2.1 of the Tenant Work Letter (excluding the Base Building), and (iii) all Alterations. Such insurance shall be for the full replacement cost (subject to reasonable deductible amounts) new without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for damage or other loss caused by fire or other peril including, but not limited to, vandalism and malicious mischief, theft, water damage of any type, including sprinkler leakage, bursting or stoppage of pipes, and explosion, and providing business interruption coverage for a period of one year.
Appears in 1 contract
Sources: Lease (Veeco Instruments Inc)
Tenant’s Insurance. Tenant shallcovenants and agrees that from and after the date of delivery of the Premises from Landlord to Tenant, Tenant will carry and maintain, at its own costsole cost and expense, at all times during the Lease Termfollowing types of insurance, procure and maintain workmen's compensation insurance in the maximum statutory amount amounts specified and Employers Liability insurance in the amount of $500,000form hereinafter provided for:
(i) Commercial General Liability (“CGL”) Insurance written on an occurrence basis, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, and all operations of Tenant in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage or about the Premises against claims for bodily injury, death, property damage, personal injury (employee damage and products liability and to include contractual liability exclusions deleted)coverage insuring Tenant’s indemnification obligations under this Lease, products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following to be in combined single limits of liability: not less than $2,000,000.00 1,000,000 each occurrence combined single limit for bodily injury, death and property damage and damage, $1,000,000 for products/completed operations aggregate, $1,000,000 for personal injury; $2,000,000.00 , and to have general aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings limits of not less than AA + $1,000,000 (per location) and a financial rating of Umbrella Liability Insurance in an amount not less than "XI" $6,000,000 for each policy year. The general aggregate limits under the Commercial General Liability insurance policy or policies shall apply separately to the Premises and to Tenant’s use thereof (and not to any other location or use of Tenant) and such policy shall contain an endorsement to that effect. The certificate of insurance evidencing the CGL form of policy shall specify all endorsements required herein and shall specify on the face thereof that the limits of such policy apply separately to the Premises.
(ii) Insurance covering all of the items included in the most current available Best's Insurance Reportsheating, ventilating and air conditioning equipment maintained by Tenant, Tenant’s trade fixtures, merchandise and personal property from time to time in, on or upon the Premises, and all Tenant Improvements and any Alterations in an amount not less than one hundred percent (100%) of their full replacement value from time to time during the Term, providing protection against perils included within the standard form of “all-risk” (i.e., “Special Cause of Loss”) fire and casualty insurance policy.
(iii) Workers’ Compensation insurance in amounts required by law.
(iv) Employer’s Liability coverage of at least $1,000,000.00 per occurrence.
(v) Business Interruption Insurance, which insurance shall be otherwise satisfactory to Landlord. All such policies issued on an “all risk” basis (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(sits equivalent), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 1 contract
Sources: Office Lease Agreement (Velti PLC)
Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant shallenters or occupies the Premises; or (2) the Commencement Date, and continuing during the Term, Tenant, at its own costexpense, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount following insurance:
(i) Causes of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Loss – Special Form Coverage against risks Property Insurance covering leasehold improvements and equipment paid for by Tenant or required by the terms of direct physical loss this Lease to be maintained by Tenant and ▇▇▇▇▇▇’s personal property and fixtures from time to time in, on, or damage (commonly known as "all risk") for at the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakagePremises, in an amount equal to their not less than 100% of the full replacement cost, without deduction for depreciation, providing protection against events protected under “Special Risk Coverage,” as well as against sprinkler damage, vandalism, and commercial general malicious mischief. Any proceeds from the Causes of Loss – Special Form Property Insurance shall be used for the repair or replacement of the property damaged or destroyed, unless this Lease is terminated under an applicable provision herein. If the Premises are not repaired or restored following damage or destruction in accordance with other provisions herein, Landlord shall receive any proceeds from the Causes of Loss – Special Form Property Insurance allocable to Tenant’s leasehold improvements.
(ii) Business Interruption Insurance, providing in the event of damage or destruction of the Premises an amount sufficient to sustain Tenant for a period of not less than 1 year for: (i) the net profit that would have been realized had Tenant’s business continued; and (ii) such fixed charges and expenses as must necessarily continue during a total or partial suspension of business to the extent to which they would have been incurred had no business interruption occurred, including, but not limited to, interest on indebtedness of Tenant, salaries of executives, foremen, and other employees under contract, charges under noncancelable contracts, charges for advertising, legal or other professional services, taxes and rents that may still continue, trade association dues, insurance premiums, and depreciation.
(iii) Commercial General Liability insurance insuring Tenant against liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operationsoperations and personal injury at the Premises, including contractual liabilityliability insuring the indemnification provisions contained in this Lease. Such insurance shall name Landlord, owner's protective liabilityits property manager, any mortgagee, and broad such other parties as Landlord may designate, as additional insureds on a form property damage with that does not limit the following limits coverage provided under such policy to any additional insured A) by reason of liability: $2,000,000.00 each occurrence combined single limit such additional insured’s negligent acts or omissions (sole or otherwise), B) by reason of other insurance available to such additional insured, or C) to claims for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operationswhich a primary insured has agreed to indemnify the additional insured. All such Such insurance shall be procured from for a responsible insurance company or companies authorized limit of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) annual aggregate. Coverage shall also be included for fire damage (damage to do business rented premises) for a limit of $300,000 any one fire, and medical expense coverage in the State where amount of $10,000 any one person, together with an umbrella commercial liability policy in the initial amount of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) annual aggregate and shall be subject to periodic increases specified by Landlord based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers, and other relevant factors.
(iv) Worker’s Compensation Insurance in the statutory amount covering all employees of Tenant employed or performing services at the Premises required by the laws of the state in which the Premises are located, or non-subscriber’s insurance providing coverage for claims that would have been covered by worker’s compensation insurance, and Employer’s Liability Insurance in the amount of $1,000,000 each accident/$1,000,000 disease-policy limit/$1,000,000 disease-each employee.
(v) Automobile Liability Insurance, including but not limited to, passenger liability, on all owned, non-owned, and hired vehicles used in connection with general policyholder's ratings the Premises, with a combined single limit per occurrence of not less than AA + One Million Dollars ($1,000,000) for Bodily Injury and a financial rating of Property Damage. The commercial liability policies shall insure on an occurrence and not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basisbasis and be issued by insurance companies which are reasonably acceptable to Landlord, not be cancelable unless 30 days’ prior written notice shall have been given to Landlord (unless such cancellation is due to nonpayment of premiums, in which event 10 days’ prior notice shall be provided. Further, the liability insurance obtained by Tenant under this Section 4(A)(iii) shall provide continuous liability (i) be primary and (ii) insure Tenant’s obligations to Landlord under Section 4(B). The amount and coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance shall not limit Tenant’s liability nor relieve Tenant of any other obligation under this Lease. Landlord may also obtain commercial general liability insurance in an amount and with coverage determined by Landlord insuring Landlord against liability with respect to the Premises and the Property. The policy obtained by Landlord shall not provide primary insurance, shall not be contributory and shall be excess over any insurance maintained by Tenant. The Tenant’s insurers issuing the above described policies shall have a Best’s Insurance Reports rating of A- X or better. Such policies or certificates thereof shall be delivered to Landlord by Tenant upon the earlier of (i) Tenant’s entry into the Premises and (ii) commencement of the Lease Term and at least 30 days prior upon each renewal of said insurance. If Tenant fails to their renewal date comply with the foregoing insurance requirements or to deliver to Landlord copies of such policies and such certificate(s) and policies shall name Landlord and Building Manager as additional insuredscertificates evidencing the coverage required herein, Landlord, in addition to the other requirements herein. The limits of Tenant's insurance any remedy available pursuant to this Lease or otherwise, may, but shall notnot be obligated to, under any circumstances, limit the liability of Tenant under this Leaseobtain such insurance.
Appears in 1 contract
Tenant’s Insurance. Tenant shallTenant, at its own costsole cost and expense, shall procure, pay for and keep in full force and effect throughout the Term the following types of insurance, in at all times during least the Lease Term, procure amounts and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage forms specified below:
(commonly known as "all risk"a) for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial Commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage insurance with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury , death and property damage for products and completed operationsliability coverage in the amount of Five Million Dollars ($5,000,000) per occurrence. All such liability insurance shall be procured specifically insure the performance by Tenant of the indemnity agreement as to liability for injury to or death of persons and injury or damage to property set forth in Section 11.4.
(b) Workers' compensation coverage as required by law.
(c) Insurance covering all of Tenant's trade fixtures, equipment and other personal property from a responsible insurance company time to time in, on or companies authorized to do business in the State where about the Premises are located, with general policyholder's ratings of in an amount not less than AA + and a financial rating of their full replacement value from time to time, providing protection against any peril included within an ISO "Special Form" insurance policy.
(d) At such time as Landlord does not provide insurance covering the Premises, Tenant shall have the right, upon notice to Landlord, to carry insurance covering the Premises in an amount not less than their full replacement value from time to time (adjusted on the anniversary of the renewal date of Tenant's policy), providing protection against any peril included within an ISO "XISpecial Form" insurance policy and earthquake and flood and terrorism insurance and, if Tenant is entitled and elects to do so, Tenant shall have no responsibility to pay any share of the insurance carried by Landlord pursuant to Section 11.2(a) below. If Tenant has the right to provide insurance of the type described in the most current available Bestfirst sentence of this subsection (d), Tenant's Insurance Reports, and election to do so shall be otherwise satisfactory made within ten (10) business days after receipt of the quote and the information described in clauses (i) through (iii) of Section 11.2(a) below. With respect to Landlordany policy year after Tenant makes an election to carry the insurance described in this subsection (d), within ten (10) business days after Tenant's request therefor, Landlord shall provide Tenant with a written annual premium quote obtained by Landlord for the insurance described in this subsection (d) and, at Tenant's election made within ten (10) business days after receipt of such quote, Tenant may require Landlord to carry the insurance described in this subsection (d), in which case Tenant shall pay its share thereof in accordance with Section 11.2(d) below. All If Tenant elects to require Landlord to carry the insurance described in this subsection (d), the foregoing process (Landlord obtaining a quote for the ensuing policy year and Tenant's election to require Landlord to carry such policies (except workmen's compensationinsurance or to carry the same itself) shall name be repeated prior to each policy renewal date such that the election hereunder by Tenant to require Landlord and Building Manager as additional insureds, and to carry the insurance or to carry the same itself shall provide they cannot be canceled or altered except upon 30 an annual election which may be made by Tenant at least ten (10) business days prior written notice to Landlordsuch policy renewal date. All insurance maintained Any proceeds of any policy obtained by Tenant pursuant to this subsection (d) with respect to damage to the Premises shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 12. Notwithstanding the foregoing, Tenant shall be primary deemed to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant have satisfied its obligations under this LeaseSection 11.1 so long as Mindspeed is maintaining such insurance.
Appears in 1 contract
Tenant’s Insurance. Tenant shall, at its own cost, agrees to maintain in full force and effect at all times during the Lease Term, procure at its own expense, for the protection of Tenant and maintain workmenLandlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers reasonably acceptable to Landlord which afford the following coverages:
(a) Worker's compensation Compensation. Statutory limits.
(b) Employer's Liability - Not less than: Bodily Injury by Accident: $250,000 each accident Bodily Injury by Disease; $250,000 policy limit Bodily Injury by Disease: $250,000 each employee
(c) Commercial General Liability Insurance with limits not less than the following: $2,000,000 for the occurrence limit, general aggregate limit, product/completed operations aggregate limit, personal injury and advertising aggregate limit, $50,000 fire damage (any one fire), and $5,000 medical expense (any one person), covering Bodily Injury, Personal Injury and Property Damage liability occasioned by or arising out of or in connection with the use, operation and occupancy of the Premises. Such insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance shall be provided on a coverage form at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents most recent edition of the standard Commercial General Liability Coverage Form (CG0001) published by ISO Commercial Risk Services, Inc. Such policy must cover events that occur during the policy period regardless of when the claim is made. The policy must name Landlord and Raiser Property Management Company as additional insureds using an endorsement form at least as broad as the most recent addition of the Additional Insured Managers or Lessors of Premises including damage due to water leakageEndorsement (CG2011) as published by ISO Commercial Risk Services, in an amount equal to their full replacement costInc. Such insurance shall be primary insurance to, and commercial general liability insurancenon-contributing with, including coverage for bodily injury, property damage, personal injury any other insurance that may be available to Landlord.
(employee and contractual liability exclusions deletedd) Prior to the commencement of any work with respect to the Initial Tenant Improvements or any alterations (as defined in Section 7.2 below), products any contractor (other than Raiser Construction Company) retained by Tenant shall file with Landlord valid certificates of insurance and completed operationsamendatory riders or endorsements to such contractor's insurance policies, contractual liabilityall in form and substance reasonably satisfactory to Landlord, owner's protective liabilitynaming Landlord and Raiser Property Management Company as additional insureds thereunder using an endorsement form at least as broad as the most recent edition of Additional Insured - Owners, Lessors or Contractors Form B (CG2010) published by the Insurance Services Office, Inc. These policies shall be primary insurance to any other insurance that may be available to Landlord. Such endorsements or amendatory riders shall indicate that as respects such additional insureds, there shall be severability of interests under such insurance policies for all coverages provided under such insurance policies. The certificates and broad form property damage amendatory riders or endorsements Shall clearly indicate the specific coverage and shall contain a provision requiring the giving of written notice to Landlord at least thirty (30) days prior to the cancellation, non-renewal or material modification of any such policies. All insurance companies must meet with the approval of Landlord and Landlord's lender, Landlord's approval shall not be unreasonably withheld. The insurance required by this Section 6.3.2(d) shall include the following coverages and limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All provided that such insurance shall be procured from a responsible in all events include all coverages and limits required by Law:
(i) Commercial General Liability insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings an aggregate limit of not less than AA + and a financial rating $2,000,000, including the following:
(1) Product-Comp/OPS aggregate limit of not less than "XI" $2,000,000;
(2) Personal and Advertising Injury limit of not less than $2,000,000;
(3) Each occurrence limit of not less than $2,000,000;
(4) Fire Damage (any one fire) limit of not less than $50,000; and
(5) Medical Expense (any one person) limit of not less than $5,000.
(ii) Automobile Liability (and auto) insurance in the most current available Bestan aggregate limit of not less than $2,000,000.
(iii) Workmen's Insurance Reports, Compensation and shall be otherwise satisfactory to Landlord. All such policies (except workmenEmployer's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they canLiability insurance for not be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier less than the expiration date of statutory limits and in no event less than the canceled or expired policyfollowing:
1. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinEach accident $100,000
2. The limits of Tenant's insurance shall not, under any circumstances, Disease. policy limit the liability of Tenant under this Lease.$500,000
3. Disease - each employee $100,000
Appears in 1 contract
Sources: Consent to Sublease (Extricity Inc)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(1) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and noncontributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire performance of all of Tenant’s indemnity obligations under this Lease Term, regardless up to the limits of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policies (provided that such policy is canceled or limitation shall not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(slimit Tenant’s liability under this Lease), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $5,000,000 each occurrence Property Damage Liability Personal Injury and Advertising $5,000,000 each occurrence Liability Tenant Legal Liability/Damage to $1,000,000 Rented Premises Liability
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Tenant Improvements, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. 1. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Sources: Office Lease (TrueCar, Inc.)
Tenant’s Insurance. Effective as of the earlier of (a) the date Tenant shallenters or occupies the Premises, at its own costor (b) the Commencement Date, at all times during and continuing throughout the Lease Term, procure Tenant shall maintain the following insurance policies: (1) cause of loss-special risk form (formerly “all-risk”) insurance covering the full value of all alterations and maintain workmen's compensation insurance improvements and betterments in the maximum statutory amount Premises, naming Landlord and Employers Liability Landlord’s Mortgagee as additional loss payees as their interests may appear, (2) cause of loss-special risk form (formerly “all-risk”) insurance covering the full value of all furniture, trade fixtures, equipment and personal property (including property of Tenant or others) in the amount Premises or otherwise placed in the Project by or on behalf of $500,000a Tenant Party (including Tenant’s Off-Premises Equipment), each covering all persons employed by Tenant, including business interruption insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement costthe Basic Rent then in effect during any Lease Year, and (3) commercial general liability insurance, insurance (including coverage for bodily injury, property damage, bodily injury and personal injury coverage) in amounts of One Million Dollars (employee $1,000,000) per occurrence in primary coverage, with a Two Million Dollars ($2,000,000.00) annual aggregate, 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 (and naming as additional insureds Landlord, Landlord’s property management company, ▇▇▇▇▇▇▇▇’s asset management company, Landlord’s Mortgagee and any other party requested by Landlord from time to time), 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, (4) contractual liability exclusions deletedinsurance 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), products and completed operations(5) commercial auto liability insurance (if applicable) covering automobiles owned, contractual liability, owner's protective liability, and broad form property damage hired or used by Tenant in carrying on its business with the following limits of liability: not less than One Million Dollars ($2,000,000.00 each occurrence 1,000,000) combined single limit for bodily injuryeach accident, insuring Tenant (and naming as additional insureds Landlord, ▇▇▇▇▇▇▇▇’s property damage management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee and personal injury; any other parties identified by Landlord), (6) worker’s compensation insurance as required by applicable state law and employer’s liability insurance with limits not less than One Hundred Thousand Dollars ($2,000,000.00 100,000.00) for each accident, Five Hundred Thousand Dollars ($500,000.00) per person for illness or disease-policy limit, and One Hundred Thousand Dollars ($100,000.00) disease for each employee, and (7) umbrella excess liability insurance with an additional Five Million Dollars ($5,000,000) in umbrella coverage above the underlying aggregate amount of commercial general liability insurance coverage set forth herein, which policy will contain a provision that it will drop as primary insurance if the underlying aggregate is exhausted. Tenant’s insurance shall (i) be primary and non-contributory 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, (ii) contain an endorsement for bodily injury cross liability and property damage severability of interests, (iii) contain an endorsement that such policy shall remain in full force and effect notwithstanding that the insured may have waived its right of action against any party prior to the occurrence of a loss (Tenant hereby waiving its right of action and recovery against and releasing Landlord and its employees and agents (including ▇▇▇▇▇▇▇▇’s managing agent) from any and all liabilities, claims and losses for products which they may otherwise be liable to the extent Tenant is covered by insurance carried or would have been covered by insurance it is required to carry under this Lease), and completed operations(iv) not contain any deductible provision in excess of Twenty-Five Thousand Dollars ($25,000.00) except as otherwise approved in writing by Landlord, which approval shall not be unreasonably withheld. 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 (in any event, within ten days of the effective date of coverage), 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 of any such insurance policies. All such insurance policies shall be procured from a responsible insurance company or in form reasonably satisfactory to Landlord and issued by companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial an A.M. Best rating of not less than "XI" in the most current available Best's Insurance ReportsA+:VIII or better. However, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled no review or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to approval of any insurance carried certificate or policy by Landlord shall derogate from or diminish Landlord’s rights or Tenant’s obligations hereunder. If Tenant obtains any general liability fails to comply with the foregoing insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled requirements or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to deliver to Landlord upon commencement the certificates or evidence of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insuredscoverage 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 other requirements herein. The limits premium costs thereof, plus an administrative fee of Tenant's insurance shall not, under any circumstances, limit the liability 10% of Tenant under this Leasesuch cost.
Appears in 1 contract
Tenant’s Insurance. Tenant shall, at its own cost, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $4,000,000 each occurrence Personal Injury and Advertising Liability $4,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the "Original Improvements"), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever (excluding naturally occurring floods (i.e., from heavy rainfall, rather than from a leaking pipe)), including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Tenant’s Insurance. Tenant shall, at its own cost, at At all times during the Lease Term, procure Tenant will carry and maintain workmen's compensation insurance maintain, at Tenant’s expense, the following insurance, in the maximum statutory amount amounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and Employers Liability on forms satisfactory to Landlord:
(a) Bodily injury and property damage liability insurance, with a combined single occurrence limit of not less than $1,000,000. All such insurance will be on an occurrence ISO 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 the amount Article XVIII of $500,000, each this Lease. Such insurance shall include waiver of subrogation rights in favor of Landlord and Landlord’s management company;
(b) Insurance covering all persons employed 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 Project, and any leasehold improvements to the Premises in excess of any initial buildout of the Premises by Tenantthe Landlord, insurance in an amount not less than the full replacement cost. Property forms will provide coverage at least as broad as ISO Special Form Coverage on an open perils basis insuring against “all risks of direct physical loss or damage (commonly known as "all risk") loss.” All policy proceeds will be used for the full repair or replacement cost of Tenant's Property and the contents of the Premises including property damaged or destroyed, however, if this Lease ceases under the provisions of Article XX, Tenant will be entitled to any proceeds resulting from damage due to water leakageTenant’s furniture and fixtures, machinery and equipment, stock and any other personal property;
(c) Worker’s compensation insurance insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of the state in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where which the Premises are located, including employer’s liability insurance in the limit of $1,000,000 aggregate. Such insurance shall include waiver of subrogation rights in favor of Landlord and Landlord’s management company;
(d) If Tenant operates owned, hired, or nonowned 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) Umbrella liability insurance in excess of the underlying coverage listed in paragraphs (a), (c) and (d) above, with general policyholder's ratings limits of not less than AA + $3,000,000 per occurrence/$3,000,000 aggregate; and
(f) All insurance required under this Article XVI shall be issued by such good and reputable insurance companies qualified to do and doing business in the state in which the Premises are located and having a financial rating of not less than "XI" A:VIII as rated in the most current available copy of Best's ’s Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period Report in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance form customary to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leaselocality.
Appears in 1 contract
Tenant’s Insurance. Tenant shallEffective as of the Commencement Date, Tenant, at its own costTenant’s sole expense, at all times during shall obtain and keep in force throughout the Lease Term, procure and maintain workmen's compensation Term insurance in policies providing the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage following coverage:
(commonly known as "all risk"i) for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial Commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating $3,000,000 per occurrence, with an annual aggregate limit of not less than "XI" $5,000,000, 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 consistent with the requirements of other landlords in the most current available Best's Insurance ReportsSan Mateo area (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 Mortgagee (as defined in Section 31(a)) and Landlord’s property management company 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 with an additional insured endorsement in form CG 2026 07/04 (or comparable endorsement reasonably acceptable to Landlord). Tenant may carry the insurance required to be carried by Tenant under this Section 9(a)(i) under a blanket policy of insurance that covers other locations where Tenant and Tenant’s Affiliates conduct business, provided that such blanket policy shall be otherwise satisfactory endorsed to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, specifically cover the Premises and shall provide they cannot the same amount and types of coverage for the Premises and Tenant’s activities therein that would be canceled provided by a separate policy meeting the requirements of this Section 9(a)(i).
(ii) Special Risk Property insurance covering the full value of all existing tenant improvements, furniture, trade fixtures and personal property in the Premises or altered except upon 30 days prior written notice to Landlord. All otherwise placed in the Project by or on behalf of a Tenant Party, it being understood that no lack or inadequacy of insurance maintained by Tenant shall be primary 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.
(iii) Special Risk Property insurance carried covering the full value of all Alterations (as defined in Section 23(a)) made to the Premises by Tenant, naming Landlord and Landlord. If Tenant obtains any ’s Mortgagee as additional loss payees as their interests may appear.
(iv) 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 policy).
(v) Worker’s compensation insurance in amounts not less than statutorily required, and Employers’ Liability insurance with limits of not less than $1,000,000.
(vi) In the event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on a claimsSpecial Risk basis (including collapse) on a completed value (non-made basisreporting) form, Tenant shall provide continuous liability or by endorsement including such coverage pursuant to Section 9(a)(iii) hereinabove, for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period full replacement value covering all work incorporated in the event any such policy is canceled Building and all materials and equipment in or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date about the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this LeasePremises.
Appears in 1 contract
Sources: Sublease (Model N, Inc.)
Tenant’s Insurance. (A) Commencing as of the Commencement Date, and thereafter throughout the Term, Tenant shall, at its own costTenant's sole cost and expense, at all times during the Lease Term, procure provide and maintain workmenor cause to be provided and maintained a commercial general liability policy, naming Tenant as an insured (and naming Landlord as an additional insured as its interests may appear, such additional insured's compensation insurance in coverage under Tenant's commercial general liability policy to be primary), protecting Tenant, the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed business operated by Tenant, and any additional insureds (including Landlord) against claims for bodily injury (including death) and property damage occurring within the Premises. Such insurance shall afford protection to the limits of not less than Three Million Dollars ($3,000,000.00) per occurrence. Tenant may use commercially reasonable deductibles Tenant customarily carries in the conduct of its business; however, Tenant shall be responsible for all such deductibles or self-insured retention level. All liability policies shall be written on an occurrence form.
(B) Commencing as of the Commencement Date, and thereafter throughout the Term, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained workers' compensation insurance (meeting the requirements of the state workers' compensation laws) and employer liability insurance covering all of Tenant's employees at the Premises. Tenant shall also use good faith efforts to ensure all contractors, sub-contractors, vendors, leased employees, and temporary employees are properly insured for workers' compensation.
(C) Commencing as of the Commencement Date, and thereafter throughout the Term, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained an umbrella liability insurance policy with a Ten Million Dollar ($10,000,000.00) policy limits, which umbrella policy (or policies) shall list the commercial general liability policy required hereunder and any other liability policy or policies carried by, or for the benefit of, Tenant as underlying policies. All liability policies shall be written on an occurrence form.
(D) Commencing as of the Commencement Date, and thereafter throughout the Term, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained a property insurance policy insuring Tenant's contents, fixtures, equipment and personal property located within the Premises and/or owned by Tenant for all the hazards and perils normally covered by the Causes of Loss-Special Form. Such property insurance policy shall include endorsements for coverage at least against: (i) earthquake and flood, including, but not limited to, flood hazard or fault area(s), as broad as ISO Special Form Coverage against risks designated on any map prepared or issued for such purpose by any governmental authority (provided that Tenant shall not be required to purchase earthquake coverage if the rate exceeds ten percent (10%) of direct physical loss or damage the property insurance premium); and (commonly known as "all risk"ii) for increased costs of construction and demolition due to law and ordinance. The foregoing property coverage shall be provided in amounts sufficient to provide one hundred percent (100%) of the full replacement cost of Tenant's Property contents, fixtures, equipment and the contents of personal property located within the Premises including damage and/or owned by Tenant. If for any reason the Causes of Loss-Special Form is not customarily used in the insurance industry, then the property insurance policy then in effect shall at least provide coverage for the following perils: fire, lightning, windstorm and hail, explosion, smoke, aircraft and vehicles, riot and civil commotion, vandalism and malicious mischief, sprinkler leakage, sinkhole and collapse, volcanic action, earthquake or earth movement, and flood, and increased costs of construction and demolition due to water leakagelaw, in an amount equal to their full replacement costordinance and inflation. In addition, and commercial general liability insurance, including Tenant shall self-insure for coverage for bodily injury, property damage to plate glass as a result of vandalism or other damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, ownerexcept plate glass covered as a result of a peril insured by Landlord's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, insurance required under Section 18.1. The property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall policy required to be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant under this Section 18.2 shall not provide coverage for Tenant's improvements to the Premises, which improvements shall be primary to any insurance carried insured by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same Landlord as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, required under any circumstances, limit the liability of Tenant under this LeaseSection 18.1.
Appears in 1 contract
Sources: Lease Agreement (DSW Inc.)
Tenant’s Insurance. (a) Tenant shall, at its own cost, at all times during shall maintain in full force throughout the Lease Term, procure and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, including insurance providing coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad on an occurrence form property damage basis with the following limits of liability: not less than Two Million Dollars ($2,000,000.00 2,000,000.00) each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for combined, Two Million Dollars ($2,000,000.00) annual general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operationsoperations annual aggregate. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholderTenant's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basisor policies shall: (i) include premises and operations liability coverage, Tenant shall provide continuous products and completed operations liability coverage, broad form property damage coverage including completed operations, blanket contractual liability coverage for claims arising during the entire Lease Termincluding, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall notmaximum extent possible, under any circumstances, limit coverage for the liability indemnification obligations of Tenant under this Lease, and personal and advertising injury coverage; (ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) cover liabilities arising out of or incurred in connection with ▇▇▇▇▇▇'s use or occupancy of the Premises or the Property; and (v) extend coverage to cover liability for the actions of Tenant's Representatives and Visitors.
(b) Tenant shall at all times maintain in effect with respect to any Alterations and ▇▇▇▇▇▇'s Trade Fixtures and personal property, commercial property insurance providing coverage, at a minimum, for "broad form" perils, to the extent of 80% of the full replacement cost of covered property. Tenant may carry such insurance under a blanket policy, provided that such policy provides equivalent coverage to a separate policy. During the Term, the proceeds from any such policies of insurance shall be used for the repair or replacement of the Alterations, Trade Fixtures and personal property so insured. Landlord shall be provided coverage under such insurance to the extent of its insurable interest and, if requested by Landlord, both landlord and Tenant shall sign all documents reasonably necessary or proper in connection with the settlement of any claim or loss under such insurance. Landlord will have no obligation to carry insurance on any Alterations or on Tenant's Trade Fixtures or personal property.
(c) Each policy of insurance required under this Section shall: (i) be in a form, and written by an insurer, reasonably acceptable to Landlord, (ii) be maintained at Tenant's sole cost and expense, and (iii) require at least thirty (30) days' written notice to Landlord prior to any cancellation, nonrenewal or modification of insurance coverage. Insurance companies issuing such policies shall have rating classifications of "A" or better and financial size category ratings of "VII" or better according to the latest edition of the A.M.
Appears in 1 contract
Sources: Lease Agreement (Asi Solutions Inc)
Tenant’s Insurance. Tenant shall, at its own cost, at all times shall carry insurance during the Lease Termentire Term hereof with terms, procure coverages and maintain workmen's compensation insurance companies (which shall be licensed to do business in the maximum statutory amount State of New Jersey and Employers Liability insurance shall be rated no lower than A/VIII 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, including contractual liability and the broad or extended liability endorsement, insuring against claims for death, bodily injury, personal injury and property damage occurring upon, in or about the Premises or the Office Complex on an occurrence basis, in an amount of not less than One Million Dollars ($500,0001,000,000.00) combined single limit per occurrence, each and umbrella coverage in an amount not less than Three Million Dollars ($3,000,000.00), both comprehensive or commercial general liability insurance and umbrella coverage covering all persons employed by TenantTenant as a named insured and Landlord, insurance 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 at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") perils for the full replacement cost of Tenant's Property all additions, improvements and alterations to the contents Premises whether owned, made or installed by or on behalf of Tenant or existing in the Premises as of the Premises including damage due to water leakagedate such space is leased to, in an amount equal to their full replacement costor occupied by, Tenant, if any, and commercial general liability insuranceof all office furniture, including coverage for bodily injurytrade fixtures, property damageoffice equipment, personal injury (employee merchandise and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the all other requirements herein. The limits 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 shall notin 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, under any circumstances, limit the liability Building or Project as a result of Tenant under this Leasesuch perils.
Appears in 1 contract
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so reasonably specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 (as revised from time to time) or a comparable form reasonably approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $25,000,000 each occurrence Personal Injury and Advertising Liability $25,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $10,000,000
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements, and any other improvements which exist in the applicable Premises as of the applicable Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Sources: Office Lease (Box Inc)
Tenant’s Insurance. Tenant shallshall procure, at keep in force 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 Premises. Insurance shall not be in amounts less than the following: $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 is to be written on the 2001 Insurance Services Office form or its own costequivalent. UMBRELLA LIABILITY $5,000,000 each occurrence $5,000,000 aggregate WORKERS’ COMPENSATION Coverage B Employer’s Liability - $500,000 bodily injury by accident, at 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 times during the Lease Termowned, procure hired and maintain workmen's compensation insurance non-owned automobiles GLASS COVERAGE Covering interior glass windows in the maximum statutory amount and Employers Liability insurance 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 amount of $500,000, each covering all persons employed Building or elsewhere on the Property and belonging to or removable by Tenant, . TENANT IMPROVEMENTS COVERAGE Including (i) property insurance coverage at least on a “Special Form” (formerly “All Risk” form) (including earthquake and flood in reasonable amounts as broad as ISO Special Form Coverage against risks determined by Landlord) in an amount not less than 100% of direct physical loss or damage (commonly known as "all risk") for the then full replacement cost of Tenant's ’s Improvements (as defined in paragraph (a) of Article 13.0, “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 $5,000,000.00 or in such greater amounts as are then customary for properties similar to the Property and the contents (iii) insurance against abatement or loss of the Premises including damage due to water leakage, rent in case of loss under this paragraph or other peril similarly insured against in an amount equal to their full Rent payments to be made by Tenant for eighteen months based on the Rent paid or payable for the most recent complete Lease Year. The phrase “replacement cost, and commercial general liability insurance” shall mean the actual replacement cost of Tenant’s Improvements, including and 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 repairing and restoring Tenant’s Improvements. BUSINESS INTERRUPTION COVERAGE Providing such coverage for bodily injury, property damage, personal injury (employee as is customarily carried by responsible and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with prudent life science/bio- technology/medical device tenants in the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operationsBoston/Cambridge/Waltham Massachusetts markets. All insurance coverages required pursuant to this Section shall not be less than such insurance shall higher amounts as may from time to time be procured from a customarily carried by responsible insurance company or companies authorized to do business and prudent tenants of comparable premises in the State where Boston/Cambridge/Waltham market area and as may be required by Landlord from time to time. Provided that the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy separately scheduled on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date policies and the same coverage(s) provided fulfills Tenant’s obligations to provide insurance as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, set forth in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease, the insurance required pursuant to this Section may be provided by means of a policy or policies of blanket insurance covering additional items or additional locations.
Appears in 1 contract
Sources: Building Lease (D8 Holdings Corp.)
Tenant’s Insurance. (a) Tenant shall, at its own cost, at all times during Tenant's sole cost and expense for the Lease Term, procure mutual benefit of Landlord and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks maintain throughout the Term of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damagethis Lease, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage liability insurance against claims for products bodily injury, death or property damage occurring on, in or about the Premises of not less than One Million Dollars ($1,000,000) in respect of personal injury or death to any one person and completed operationsof not less than One Million Dollars ($1,000,000) in respect of any one accident and of not less then One Million Dollars ($1,000,000) property damage aggregate coverage. During the period of any construction, Tenant shall also cause its Contractors to also maintain such coverage.
(b) Tenant shall, at Tenant's sole cost and expense, obtain and maintain in effect throughout the Term insurance policies providing for the following coverage: all risk and property insurance against fire, theft, vandalism, malicious mischief, sprinkler leakage and such additional perils as now are or hereafter may be included in a standard extended coverage endorsement insuring Tenant's trade fixtures, furnishings, equipment and all items of personal property of Tenant located on or in the Premises for the full replacement value thereof. All proceeds of such insurance, so long as the Lease shall remain in effect, shall be used only to repair or replace the items so insured.
(c) Tenant shall, at Tenant's sole cost and expense, obtain and maintain in effect throughout the Term insurance policies providing for the following coverage: all risk and property insurance against wind, hail, water, fire, theft, vandalism, malicious mischief, sprinkler leakage and such additional perils as now are or hereafter may be included in a standard extended coverage endorsement insuring the Premises in an amount not less than $2,100,000, adjusted for increases in the value of the Premises, from time to time. Landlord shall be the named insured under such policies and all proceeds of such insurance shall be procured from a responsible payable solely to Landlord. Deductibles under the insurance company or companies authorized in this sub-Paragraph (c) shall be as are commercially available at the time of issuance and Landlord acknowledges and agrees that the deductibles presently available for wind/hail insurance is 10%.
(d) All insurance provided in this paragraph shall be effected under valid and enforceable policies issued by insurers of recognized responsibility which are licensed to do business in the State where state in which the Premises are located, with general policyholderare rated A+ or better by A.M. Best and have been approved in writing by Landlord, such approval not to be unreasonably withheld. Prior to the earlier of the Commencement Date or Commencement of Tenant's ratings of Work, and thereafter not less than AA + thirty (30) days prior to the expiration dates of each policy furnished pursuant to this paragraph, Tenant shall deliver to Landlord or Landlord's mortgagee, as directed by Landlord, the original or certified copy of the policy or policies, and/or renewals thereof, evidencing Tenant's continued insurance coverage as required hereunder and a financial rating evidencing the payment of not less than "XI" premiums necessary to maintain such insurance coverages.
(e) All policies of insurance provided in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) this paragraph shall name Landlord and Building Manager and, at Landlord's request Landlord's mortgagee and/or any management agent as additional additional-named insureds, and unless indicated otherwise. Each policy of insurance shall provide they canthat such insurance policy shall not be canceled or altered except upon 30 cancelled unless Landlord shall have received twenty (20) days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policycancellation. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance require its insurer(s) to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, include in addition to the other requirements herein. The limits all of Tenant's insurance policies which could give rise to a right of subrogation against Landlord a clause or endorsement whereby the insurer(s) shall notwaive any rights of subrogation against Landlord. Tenant hereby releases Landlord and its partners, officers, directors, agents and employees from any and all liability or responsibility to Tenant or any person claiming by, through or under Tenant, by way of subrogation or otherwise, for any circumstancesinjury, limit loss or damage to Tenant's property covered by a valid and collectible fire insurance policy with extended coverage endorsement.
(f) Notwithstanding the liability foregoing, attached hereto as Exhibit C is copy of Tenant under the certificate of insurance which the parties agree satisfies all the requirements and limits set forth in this LeaseSection.
Appears in 1 contract
Sources: Lease Agreement (Imaging Diagnostic Systems Inc /Fl/)
Tenant’s Insurance. Tenant shallPrior to the Commencement Date, Tenant, at its own costsole cost and expense, at all times during shall procure and Tenant shall maintain throughout the Lease Term, procure the following policies of insurance:
(a) Property insurance insuring the Facility and maintain workmen's compensation the other Improvements at any time situated upon the Leased Premises against loss or damage by fire, lightning, wind storm, hail storm, aircraft, vehicles, smoke, explosion, riot or civil commotion, vandalism and malicious mischief as provided by a standard all-risk policy form. This property insurance shall also include flood, earthquake, debris removal, extra expense, ordinance or law, and other coverages as provided by a standard all-risk policy form. The insurance coverage shall be for not less than 100% of the full replacement cost of such Improvements. Landlord and Landlord’s mortgagee, if any, of which Tenant is given written notice, shall be named as loss payee on such policy. Property insurance covering all contents including equipment and Tenant’s trade fixtures, machinery, equipment, furniture and furnishings in the maximum statutory amount and Employers Liability insurance in Leased Premises to the amount extent of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against one hundred percent (100%) of their full replacement cost under a all-risk policy form and all other risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability customarily covered by such insurance, including . The policy shall include business interruption coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings period of not less than AA + 24 months to include loss of rents coverage;
(b) Commercial general liability insurance covering all bodily injury to or personal injury to or death of any person, or more than one (1) person, and a financial rating property damage arising from its use, management, or operation of the Leased Premises, containing limits of not less than "XI" $2,000,000.00 combined single limits for bodily injury (including death) and property damage per occurrence, plus a policy of commercial auto liability insurance (owned and non-owned/hired) with the same limits of coverage, together with umbrella coverage sufficient to bring Tenant’s coverage for commercial general liability and auto liability to not less than $10,000,000.00 per occurrence. The limits required in no way suggest the most current available Best's Insurance Reportsamounts are adequate and shall not limit or restrict any liabilities assumed by this agreement. Landlord, and shall be otherwise satisfactory to Landlord. All such policies any of its members, partners, officers, directors and employees (except workmen's compensation) shall name the “Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(sProtected Parties”), and Landlord’s mortgagee, if requested copies of the policiesany, of which Tenant is given written notice, shall be named as additional insureds on such liability policy(ies) of Tenant on a primary and non-contributory basis.; and
(c) Worker’s compensation insurance to Landlord upon commencement complying with requirements of applicable law, in statutory amounts, and a policy of employer’s liability coverage in the Lease Term and amount of at least 30 days prior to their renewal date $1,000,000 bodily injury by accident for each person, $1,000,000 bodily injury by disease for each person and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease$1,000,000 bodily injury by disease-policy limit.
Appears in 1 contract
Sources: Industrial Facility Lease (FreightCar America, Inc.)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(1) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(11) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Project and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an "occurrence" basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholderincluding Landlord's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsmanaging agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant's coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant's indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Lease.nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and $5,000,000 each occurrence Property Damage Liability Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented $1,000,000.00 Premises Liability
Appears in 1 contract
Sources: Office Lease (Affymetrix Inc)
Tenant’s Insurance. On or before the earlier to occur of (i) the Commencement Date; or (ii) the date Tenant shallcommences any work of any type in the Premises pursuant to this Lease (which may be prior to the Commencement Date) and continuing throughout the Term, Tenant will carry and maintain, at its own costTenant’s expense, at all times during the Lease Termfollowing insurance, procure and maintain workmen's compensation insurance in the maximum statutory amount minimum amounts specified below or such other amounts as Landlord may from time to time reasonably request, on forms reasonably satisfactory to Landlord and Employers Liability with insurance companies qualified to do and doing business in Texas and having a policyholder rating of not less than “A-” and a financial rating of “VII” in the amount most current copy of Best’s Insurance Report in the form customary to this locality.
(a) Commercial general liability insurance, with a combined single occurrence limit and aggregate of not less than $500,0001,000,000 and without a deductible. All such insurance will be on an occurrence ISO form including without limitation, each covering all persons employed by Tenantbodily injury & property damage coverage, premises coverage, personal injury, advertising injury, products and completed operations liability, independent contractor’s liability coverage and contractual liability coverage;
(b) Property insurance coverage at least as broad as equal to ISO Special Form Coverage against risks Causes of direct physical loss or damage (commonly known as "Loss form and covering all risk") for Tenant Property and any Alterations to the Premises in an amount not less than the full replacement cost of Tenant's Property and the contents without deduction for depreciation of the Premises including damage due to water leakage, covered items and in an amount equal to their full replacement costamounts that meet any co-insurance clauses of the policies of insurance, and commercial general liability insurance, including coverage for bodily injurydamage or other loss caused by fire or other peril (including vandalism and malicious mischief, property damagetheft, personal injury (employee and contractual liability exclusions deleted)water damage of any type, products and completed operationssprinkler leakage, contractual liability, owner's protective liabilitybursting or stoppage of pipes, and broad form property damage explosion) and business interruption coverage for a period of one year;
(c) Worker’s compensation insurance insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation Laws of Texas, including employer’s liability insurance with the following limits of liability: $2,000,000.00 1,000,000 bodily injury by accident, each occurrence combined single limit for bodily injury, property damage and personal injuryaccident; $2,000,000.00 aggregate for 1,000,000 bodily injury by disease, policy limit; $1,000,000 bodily injury by disease, each employee;
(d) If Tenant operates owned, hired, or nonowned vehicles on the Project, commercial automobile liability insurance with a limit of liability not less than $1,000,000 combined bodily injury and property damage for products liability; and
(e) Umbrella liability insurance in excess of the underlying coverage listed in paragraphs (a), (c) and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located(d) above, with general policyholder's ratings limits of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.$1,000,000 per occurrence/$1,000,000 aggregate;
Appears in 1 contract
Tenant’s Insurance. Tenant shallParagraphs 8.B(1), at its own cost(2), at all times during (3) and (5) of the Lease are hereby deleted in their entireties and replaced with the following:
(1) Tenant shall keep in force throughout the Term, procure : (a) a Commercial General Liability insurance policy or policies covering occurrences in or upon the Premises with a limit of not less than $2,000,000 per occurrence and maintain workmen's compensation insurance not less than $3,000,000 in the maximum statutory amount annual aggregate covering bodily injury and property damage liability and $1,000,000 products/completed operations aggregate; (b) Business Auto Liability covering owned, non-owned and hired vehicles with a limit of not less than $1,000,000 per occurrence; (c) Worker’s Compensation Insurance with limits as required by statute; (d) Employers Liability insurance in the amount with limits of $500,0001,000,000 each accident, $1,000,000 disease policy limit, $1,000,000 disease—each covering all persons employed by Tenant, insurance coverage at least as broad as ISO employee; (e) Special Form Coverage coverage protecting Tenant against risks loss of direct physical loss or damage (commonly known as "all risk") for to Tenant’s alterations, additions, improvements, carpeting, floor coverings, panelings, decorations, fixtures, inventory and other business personal property situated in or about the Premises to the full replacement cost of the property so insured; and (f) Business Interruption Insurance with limit of liability representing loss of at least approximately six (6) months of income. Notwithstanding the foregoing, Landlord agrees to waive the Business Interruption insurance requirements of Tenant's Property . In doing so, Tenant hereby agrees that Tenant waives all claims for recovery against Landlord for business interruption expenses that would have been covered by the waived Business Interruption insurance. Tenant agrees that Tenant’s insurance carrier will not subrogate against Landlord’s insurance carrier for the same. If at any time during the Term or Extended Term the amount or coverage of insurance which Tenant is required to carry under this Paragraph 8.B. is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by owners or tenants of properties located in the general area in which the Premises are located which are similar to and operated for similar purposes as the contents Premises or if Tenant’s use of the Premises including should change with or without Landlord’s consent, Landlord shall have the right to require Tenant to increase the amount or change the type of insurance coverage required under this Paragraph 8.B.
(2) The aforesaid policies shall (a) be provided at Tenant’s expense; (b) name Landlord’s Parties as additional insureds (General Liability); (c) be issued by an insurance company with a minimum Best’s rating of “A-:VII” during the Term; and (d) provide that insurers will endeavor to provide ten (10) days prior written notice of cancellation to Landlord. A certificate of Liability insurance on ▇▇▇▇▇ Form 25 and a certificate of Property insurance on ▇▇▇▇▇ Form 28 shall be delivered to Landlord by Tenant at least five (5) days prior to each expiration date of said insurance. Liability insurance required by this Lease may be provided by any combination of direct and umbrella coverages.
(3) Whenever Tenant shall undertake any alterations, additions or improvements in, to or about the Premises (“Work”) the aforesaid insurance protection must extend to and include injuries to persons and damage due to water leakageproperty arising in connection with such Work; and if any additional policies of insurance are required to provide such coverage, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits policies of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All or certificates evidencing such insurance shall be procured from a responsible insurance company or companies authorized delivered to do business in Landlord prior to the State where the Premises are located, with general policyholder's ratings commencement of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All any such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Work.” Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage Landlord with a retroactive date certificate of insurance evidencing Tenant’s insurance, including without limitation, the same as or earlier than the expiration date insurance set forth in this Section 6.6, within ten (10) business days of the canceled or expired policy. Tenant shall provide certificate(s)delivery of this Amendment, executed by Tenant, to Landlord, and if thereafter as requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leaseby Landlord.
Appears in 1 contract
Tenant’s Insurance. Tenant shallagrees to maintain, at its own costcost and expense, at all times during in full force and effect from the Lease Commencement Date throughout the Term, procure and maintain workmen's thereafter so long as Tenant is in occupancy of any part of the Premises, the following insurance policies:
i. Commercial General Liability insurance written on an occurrence basis, including coverage for bodily injury (including death and mental anguish), broad form property damage, products-completed operations hazard and contractual liability coverage. Such coverage shall be written on an occurrence basis and allow for severability of interest. The minimum limits of liability of such insurance shall be $1,000,000 per occurrence, $2,000,000 annual aggregate per location, and $1,000,000 personal and advertising injury. Tenant shall name Landlord as an additional insured, and such insurance shall be written on a primary basis and will not contribute with supplemental coverage that may be maintained from time to time by Landlord or any additional insured.
ii. Workers’ compensation insurance in the maximum statutory amount and Employers employers’ liability insurance. The limit of liability as respects Employers’ Liability coverage shall be no less than $1,000,000 per accident, $1,000,000 per disease, and $1,000,000 policy limit.
iii. Automobile liability insurance in the amount of $500,0001,000,000 combined single limit per occurrence or bodily injury and property damage, each covering all persons employed providing coverage for any owned, non- owned, or hired automobiles.
iv. Umbrella/excess liability in the amount of $10,000,000 written on a follow-form basis. Tenant shall by Tenantspecific endorsement or otherwise cause the umbrella/excess policy to be first tier umbrella coverage and sit in excess of the primary coverage afforded within Section 12(a)(i) of this Lease. Such umbrella/excess liability policy(ies) must be endorsed or otherwise provide that such umbrella/excess liability policy(ies) is primary and non- contributory with any other insurance on which Landlord, or the additional insureds is or required herein to be an insured whether such other insurance coverage is primary excess, self-insurance, or insurance on any other basis.
v. Property damage insurance written on all-risk or special form basis in an amount at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for equal to the full replacement cost of Tenant's Property T▇▇▇▇▇’s personal property and fixtures of Tenant (including, without limitation, the contents Retained Personal Property) and all improvements, additions or alterations made by Tenant to the Premises after the Commencement Date. Landlord will be added as a loss payee only to the extent of its interest in improvements, additions or alterations made by Tenant to the Premises after the Commencement Date. Such property insurance will provide protection against loss by fire and other casualties and risks, including, but not limited to, fire, lightning, explosion, windstorm or hail, smoke, aircraft. or vehicles, riot or civil, commotion, vandalism, sprinkler leakage, fire following earthquake, sinkhole, collapse, volcanic action, falling objects, weight of snow, ice or sleet, water damage, earthquake, and flood. Tenant shall also maintain business interruption on the same all-risk and special cause of loss form with minimum limits at least equal to the rental value of the Premises for twelve (12) months.
vi. In the event Tenant performs any major repairs or alterations in the Premises, builders risk insurance shall be procured by Tenant or its contractors on an all-risk or special form basis in accordance with the provisions of Section 12(a)(v) of this Lease. Such insurance shall either be written on a completed value form or full replacement cost basis, covering all work, materials, and equipment incorporated in or about the Premises.
vii. If Tenant shall hire or bring a contractor onto the Premises to perform any alterations, work or improvements, T▇▇▇▇▇ agrees to require said contractor to carry Commercial General Liability (including damage due to water leakageprofessional liability in respect of any professional design and engineering) insurance written on an occurrence basis, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + $1,000,000 and a financial rating of not less than "XI" otherwise shall satisfy all the provisions in the most current available Best's Insurance Reportsthis Section 12(a) and Sections 12(b) and 12(c). Landlord, Tenant, and all other applicable additional insureds required within this Lease shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager included as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insureds under the contractor’s insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 1 contract
Tenant’s Insurance. A. Tenant shallshall procure and maintain, at its own costor cause to be maintained, at all times during the Lease Term, procure at Tenant’s sole cost and maintain workmen's expense, and until each and every obligation of Tenant contained in 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 employee and per policy and shall include a waiver of subrogation in favor of Landlord and Landlord’s property manager.
(ii) Commercial General Liability covering Tenant against any claims arising out of liability for bodily injury and death and personal injury and advertising injury and property damage occurring in and about the Premises, and/or the Building and otherwise resulting from any acts and operations of Tenant, its agents, 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 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 the laws of the 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 (provided that Tenant may self-insure with regard to the risks described in this clause (vi), provided that in all instances such self-insurance shall be deemed to contain all of the terms and conditions applicable to such insurance as required by this Article IX, and Tenant hereby waives any right it may have against Landlord with respect to any damage or loss that would otherwise have been covered by the insurance coverage described in this clause (vi) had the same been obtained through a third-party insurer).
(vii) Such other policy or policies as are deemed reasonably necessary by Landlord (but in no event shall such other reasonable types of insurance be in excess of that (x) required by landlords of project comparable to the Project for tenants of comparable financial strength and consistent with the size of the space leased by such tenants, or (y) required by Landlord for any other tenant of the Park). If, pursuant to the provisions of Section 1.1 of this Lease, Tenant is in the business of manufacturing, selling, distributing, serving or furnishing alcoholic beverages, then Tenant shall obtain and 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 the minimums required by Applicable Law. In addition to the aforementioned insurances, and during any such time as any alterations or work is being performed at the Premises (except that work being performed by the Landlord or on behalf of Landlord) Tenant, at its sole cost and expense, shall carry, or shall cause to be carried and shall deliver to Landlord at least ten (10) days prior to commencement of any such alteration or work, evidence of insurance with respects to (a) workers compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenantin connection with the proposed alteration or work in statutory limits, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk"b) for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakagegeneral/excess liability insurance, in an amount equal commensurate with the work to their full replacement costbe performed but not less than $2,000,000.00 per occurrence and in the aggregate, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products ongoing and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for operations insuring against bodily injury and property damage for products 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 operations. 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 such of Tenant’s insurance shall policies shall: (i) be procured from a responsible written with insurance company or companies authorized to do business in the State where the Premises are located, acceptable to Landlord, with general policyholder's ratings of not less than AA + and a financial minimum A.M. Best rating of not less than "XI" in the most current available Best's Insurance ReportsA-VII; (ii) name Landlord, Landlord’s mortgagee and shall be otherwise satisfactory to other parties as designated by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager , as additional insureds, insureds and loss payees as their respective interests may appear and shall provide they cannot 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 canceled 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 altered non-renewal for any reason (except upon 30 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 written notice to Landlord. All the expiration of each such policy, certificates of insurance maintained 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 deductibles on insurance policies required to be provided by Tenant shall be primary to any borne by Tenant and shall be considered insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date purposes of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies Waiver of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this LeaseSubrogation obligation set forth below.
Appears in 1 contract
Sources: Lease (5.11 Abr Corp.)
Tenant’s Insurance. Tenant shall, at its own cost, agrees to maintain in full force and effect at all times during the Lease Term, procure at its sole cost and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000expense, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost protection of Tenant's Property Tenant and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the contents of the Premises including damage due to water leakage, following coverages:
(i) Commercial general liability insurance in an amount equal to their full replacement cost, not less than Three Million and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury no/100ths Dollars (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence 3,000,000.00) combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for both bodily injury and property damage for products and which includes blanket contractual liability broad form property damage, personal injury, completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) products liability, which policy shall name Landlord and Building Manager Landlord's Agents as additional insureds, insureds and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All contain a provision that "the insurance maintained by Tenant 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.
(i) of the Lease."
(ii) Causes of loss-special form property insurance carried by Landlord(including, without limitation, vandalism, malicious mischief, inflation endorsement, and sprinkler leakage endorsement) on Tenant's Personal Property located on or in the Premises. If Tenant obtains any general liability Such insurance shall be in the full amount of the 46 replacement cost, as the same may from time to time increase as a result of inflation or otherwise. As long as this Lease is in effect, the proceeds of such policy shall be used for the repair and replacement of such items so insured. Landlord shall have no interest in the insurance proceeds on a claims-made basisTenant's Personal Property. Notwithstanding the foregoing, Tenant shall provide continuous liability coverage for claims arising during have the entire Lease Termright, regardless of when the claims are madeat its election, either by obtaining an endorsement providing for an unlimited extended reporting period in the event to self-insure with respect to any such policy is canceled loss or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s)damage to Tenant's Personal Property.
(iii) Boiler and machinery insurance, including steam pipes, pressure pipes, condensation return pipes and if requested copies of the policiesother pressure vessels and HVAC equipment, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insuredsincluding miscellaneous electrical apparatus, in addition an amount satisfactory to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this LeaseLandlord.
Appears in 1 contract
Sources: Lease Agreement (Excite Inc)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year (or damage (commonly known as "all risk") shall provide for automatic renewal), or the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Project and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an "occurrence" basis. Landlord and any other party Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager named as additional insureds, and insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form. Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant's coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance policy on a claimsintra-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled insured exclusions as between insured persons or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinorganizations. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury andProperty Damage Liability $16,000,000 each occurrence Personal Injury and Advertising Liability $16,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000
10.3.2 Business Income Interruption for one year (1) plus Extra Expense insurance in such amounts as will reimburse Tenant for actual direct or indirect loss of earnings attributable to the risks outlined in Section 10.3.5 below.
10.3.3 Worker's Compensation or other similar insurance pursuant to all applicable state and local statutes and regulations, and Employer's Liability with minimum limits of not less than $1,000,000 each accident/employee/disease.
10.3.4 Commercial Automobile Liability Insurance covering all Owned (if any), Hired, or Non-owned vehicles with limits not less than $1,000,000 combined single limit for bodily injury and property damage.
10.3.5 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements and Tenant’s Alterations (excluding the Base Building), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form and (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains.
Appears in 1 contract
Sources: Office Lease (Okta, Inc.)
Tenant’s Insurance. Tenant shallTenant, at its own costTenant’s sole cost and expense, agrees to keep in full force and effect at all times during the Lease Termterm of this Lease:
(i) Commercial general liability insurance which insures against claims for bodily injury, procure personal injury, advertising injury, and maintain workmen's property damage based upon, involving, or arising out of the use, occupancy, or maintenance of the Premises and the Project. 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, upon the request of Landlord, 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 injury arising out of heat, smoke or fumes from a hostile fire. Such insurance shall be written on an occurrence basis and contain a standard separation of insureds provision.
(ii) Workers’ compensation insurance in accordance with the maximum statutory amount and Employers Liability laws of the state in which the Premises are located with employer’s liability insurance in an amount not less than $1,000,000.
(iii) Umbrella/excess liability insurance, on an occurrence basis, that applies excess of the amount 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.
(iv) Causes of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Loss – Special Form Coverage against risks property insurance including theft, sprinkler leakage and boiler and machinery coverage on all of direct physical loss or damage (commonly known as "all risk") Tenant’s Personal Property for the full replacement cost of Tenant's Property and thereof. Tenant shall use the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All proceeds from such insurance shall be procured from a responsible for the replacement of trade fixtures, furniture, inventory and other personal property.
(v) Business income and extra expense insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of limits not less than AA + and a financial rating one hundred percent (100%) of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained all charges payable by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this LeaseLease for a period of twelve (12) months.
Appears in 1 contract
Sources: Office Lease (Costar Group Inc)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance following coverages in the maximum statutory amount following amounts.
10.2.1 Commercial general liability (CGL) and, if necessary, commercial umbrella insurance, on an occurrence basis, with a limit of not less than $3,000,000 each occurrence. CGL insurance shall be written on ISO occurrence form CG 00 01 01 96 (or a substitute form providing equivalent coverage) and Employers Liability shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, liability assumed under an insured contract and the performance by Tenant of the indemnity agreements set forth in Sections 10.1 and 29.2 of this Lease. Landlord shall be included as an insured under the CGL policy, using ISO additional insured endorsement CG 20 11 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance in shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Landlord. There shall be no endorsement or modification of the amount CGL to make it excess over other available insurance; alternatively, if the CGL states that it is excess or pro rata, the policy shall be endorsed to be primary with respect to the additional insured. Tenant waives all rights against Landlord and its agents, officers, directors and employees for recovery of $500,000damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained pursuant to this agreement.
10.2.2 Commercial property insurance covering (i) all office furniture, each covering trade fixtures, office equipment, merchandise and all persons employed by other items of Tenant’s property on the Premises installed by, for, or at the expense of Tenant, and (ii) the Tenant Improvements and Alterations. Nothing in this Section 10.2.2 will be construed or deemed to require Tenant to insure the HVAC Systems for the Building (except that Tenant will be required to insure any Package Units installed by or on behalf of Tenant). Such insurance shall cover the perils insured under the ISO special causes of loss form (CP 10 30) and shall include coverage at least as broad as ISO Special Form Coverage against risks for vandalism and malicious mischief, terrorism coverage for both certified and non-certified acts of direct physical loss or damage terrorism, water damage, sprinkler leakage coverage, and boiler and machinery (commonly known as "all risk"systems breakdown) for coverage. The amount insured shall equal the full replacement cost of Tenant's Property and the contents value new without deduction for depreciation of the Premises covered items. Any coinsurance requirement in the policy shall be eliminated through the attachment of an agreed amount endorsement, the activation of an agreed value option, or as is otherwise appropriate under the particular policy form. In no event shall Landlord be liable for any damage to or loss of personal property sustained by Tenant, whether or not it is insured, even if such loss is caused by the negligence of Landlord, its employees, officers, directors or agents. Landlord and Tenant hereby waive any recovery of damages against each other (including their employees, officers, directors, agents, or representatives) for loss or damage due to water leakagethe Building, in an amount equal to their full replacement costtenant improvements and betterments, fixtures, equipment, and any other personal property to the extent covered by the commercial general property insurance required above. If the commercial property insurance purchased by Tenant as required above does not allow the insured to waive rights of recovery against others prior to loss, Tenant shall cause them to be endorsed with a waiver of subrogation as required above.
10.2.3 Business income, Business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises or to the Building as a result of such perils. In no event shall Landlord be liable for any business interruption or consequential loss sustained by Tenant, whether or not it is insured, even if such loss is caused by the negligence of Landlord, its agents, employees, directors officers or contractors.
10.2.4 Worker’s compensation insurance providing statutory benefits to Tenant’s employees, employers liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage insurance with the following limits of liability: not less than $2,000,000.00 1,000,000 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. Tenant waives all rights against Landlord and property damage its agents, officers, directors, and employees for products recovery of damages to the extent these damages are covered by the workers compensation and completed operationsemployers liability obtained by Tenant. All such Tenant shall obtain an endorsement to effect this waiver.
10.2.5 Tenant shall maintain automobile liability and, if necessary, commercial umbrella liability insurance shall be procured from with a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings limit of not less than AA + $1,000,000 million each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos). Coverage shall be written on ISO form CA 00 01 or a financial rating of not less than "XI" substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the most current available Best's Insurance Reports1990 and later editions of CA 00 01. Physical damage coverage, including collision and comprehensive coverage, shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policyincluded. Tenant shall provide certificate(s), and if requested copies maintain garage insurance under terms equivalent to those of the policies, ISO form CA 00 05. Insurance as required by this Paragraph 1.2.6 shall include coverage of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant for property damage to vehicles and vehicle equipment while in the care, custody, or control of Tenant (garagekeepers insurance). This coverage shall apply to losses caused by collision and comprehensive perils. Tenant waives all rights against Landlord and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Tenant (or under this Leaseany applicable auto physical damage coverage).
10.2.6 Pollution Legal Liability Insurance will not be required unless Tenant’s use of Hazardous Materials increases above the level of Hazardous Materials identified in the Hazardous Materials list initially provided pursuant to Section 29.1 below, in which case Landlord reserves the right to require Tenant to obtain a policy of Pollution Legal Liability Insurance with limits reasonably acceptable to Landlord.
Appears in 1 contract
Sources: Office Lease (Planar Systems Inc)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(A) sub-sections (1) and Employers Liability insurance in the amount (2), or Section 10.4(B) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form subject to Landlord. All such policies (except workmen's compensation) ’s approval, which shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled unreasonably, withheld, conditioned or altered except upon 30 days prior written notice to Landlorddelayed. All insurance maintained by Tenant Tenant’s coverage shall be primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains any general liability insurance policy on a claims-made basis, The Commercial General Liability Insurance carried by Tenant shall provide continuous liability coverage for claims arising during the entire Lease Termnot exclude damage caused by heat, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event smoke or fumes from a hostile fire. The policy shall not contain any such policy is canceled intra-insured exclusions as between insured persons or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinorganizations. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $10,000,000.00 each occurrence and annual aggregate Personal Injury and Advertising Liability $10,000,000.00 each occurrence and annual aggregate Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the “Improvements,” as that term is defined in Section 2.1 of the Work Letter, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (collectively, the “Original Improvements”), and (iii) all Alterations hereafter performed and made in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts and determined in a commercially reasonable manner), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (A) all perils included in the CP 10 30 04 02 Coverage Special Form or its reasonable equivalent, (B) water damage from any cause whatsoever, including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage, except as otherwise excluded in the CP 10 30 04 02 Coverage Special Form or its reasonable equivalent, and (C) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Tenant’s Insurance. Tenant shallshall maintain the following coverages in the following amounts.
10.3.1 From and after the earlier of (i) the date Tenant is provided early access to the Premises pursuant to Section 6.1 of the tenant Work Letter, at its own cost, at all times during and (ii) the Lease TermCommencement Date, procure Commercial General Liability Insurance on an occurrence form covering the insured against claims of bodily injury, personal injury and maintain workmen's compensation insurance property damage (including loss of use thereof) arising out of Tenant’s operations, and contractual liabilities including a contractual coverage, and including products and completed operations coverage, for limits of liability on a per location basis of not less than: Bodily Injury and $2,000,000 each occurrence Property Damage Liability $2,000,000 annual aggregate Personal Injury Liability $2,000,000 each occurrence $2,000,000 annual aggregate
10.3.2 From and after the Lease Commencement Date, Property Insurance covering (i) all office furniture, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s property on the Premises installed by, for, or at the expense of Tenant, (ii) the “Tenant Improvements,” as that term is defined in the maximum statutory amount Tenant Work Letter, and Employers Liability (iii) all other improvements, alterations and additions to the Premises. Such insurance in the amount shall be written on an “all risks” of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") basis, for the full replacement cost value (subject to reasonable deductible amounts) new without deduction for depreciation of Tenant's Property the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for damage or other loss caused by fire or other peril including, but not limited to, vandalism and malicious mischief, theft, sprinkler leakage, bursting or stoppage of pipes, and explosion. As used in this Lease, the “Base Building” shall include the structural portions of the Building, and the contents elevators, exit stairwells and the systems and equipment located in the internal core of the Building.
10.3.3 From and after the Lease Commencement Date, Business Income Interruption for one (1) year plus Extra Expense insurance in such amounts as will reimburse Tenant for actual direct or indirect loss of earnings attributable to the risks outlined in Section 10.3.2 above, up to the Tenant’s blanket coverage limit for business interruption insurance of $8,395,000.
10.3.4 From and after the earlier of (i) the date Tenant is provided early access to the Premises including damage due pursuant to water leakage, in an amount equal to their full replacement costSection 6.1 of the tenant Work Letter, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensationii) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term Commencement Date, Worker’s Compensation and at least 30 days prior Employer’s Liability or other similar insurance pursuant to their renewal date all applicable state and such certificate(s) local statutes and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinregulations. The limits policy shall include a waiver of Tenant's insurance shall notsubrogation in favor of Landlord, under its employees, Lenders and any circumstances, limit the liability of Tenant under this Leaseproperty manager or partners.
Appears in 1 contract
Sources: Lease (Sorrento Therapeutics, Inc.)
Tenant’s Insurance. (i) Tenant shall, at its own costsole cost and expense, maintain in effect at all times during the Lease TermTerm a commercial general liability insurance policy, procure on an “occurrence” rather than on a “claims made” basis, with a total combined policy limit of at least $2,000,000.00. The policy shall include, but not be limited to, coverages for Bodily Injury, Property Damage, Personal Injury and maintain workmen's compensation insurance in the maximum statutory amount and Employers Contractual Liability insurance in the amount of $500,000(applying to this Lease), each covering all persons employed by Tenant, insurance or an equivalent form (or forms) affording coverage at least as broad broad. Landlord and Landlord’s Managing Agent, property manager and lender shall be named as ISO Special Form Coverage against risks Additional Insureds under the policy.
(ii) Tenant shall, at its sole cost and expense, maintain in effect at all times during the Term, a policy or polices of direct physical loss or damage (commonly known as "insurance covering all risk") for the full replacement cost of Tenant's Property ’s improvements, fixtures, inventory and the contents of other personal property in the Premises including damage due to water leakageagainst loss by fire and other hazards covered by an “all-risk” form of policy, in an amount equal to their the full replacement costcost thereof, without deduction for physical depreciation. Such insurance shall include Valuable papers and commercial general liability insuranceRecords coverage providing for the Reproduction Costs measure of recovery and coverage for damage to Electronic Data Processing Equipment and Media, including coverage of the perils of mechanical breakdown and electronic disturbance.
(iii) Tenant shall, at its sole cost and expense, maintain in effect at all times during the Term, a policy of insurance covering business interruption for bodily injurya period of at least 365 days.
(iv) If the use of the Premises by Tenant increases the premium rate for insurance carried by Landlord on the Building, property damageTenant shall pay Landlord, personal injury upon demand, as Additional Rent, the amount of such premium increase.
(employee and contractual liability exclusions deleted)v) Tenant, products and completed operationsupon actual knowledge or receipt of written notice by Landlord, contractual liabilityshall not carry any stock of goods, owner's protective liabilityinventory, and broad form property damage with or Hazardous Substances (as defined in this Lease) or do anything in or about the following limits Premises which will in any way impair or invalidate the obligation of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such the insurer under any policy of insurance required by this Lease.
(vi) Insurance policies required by this Paragraph 14(b) shall be procured from in a responsible insurance company form reasonably acceptable to Landlord, with an insurer or companies authorized insurers having a Best rating of A-,X or better and qualified to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance ReportsTexas, and shall be otherwise satisfactory to Landlord. All such policies require at least thirty (except workmen's compensation30) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord (and, if requested by Landlord, Landlord’s mortgagee(s)), of termination, cancellation, non-renewal or material alteration. All The liability insurance maintained by Tenant under subparagraph 14(b)(i) shall be primary with respect to Landlord and its agents and not participating with any insurance carried by other available insurance. Prior to the Commencement Date, on each anniversary of the Commencement Date and at such other times as Landlord may request, Tenant shall deliver to Landlord a certificate evidencing such policies, or other evidence reasonably satisfactory to Landlord, confirming (A) the terms of the insurance, (B) that the premiums have been paid at least one (1) year in advance, and (C) that the policies are in full force and effect. If Tenant obtains any general liability has a blanket insurance policy on a claims-made basis, Tenant shall provide continuous liability providing coverage for claims arising during several properties of Tenant, including the entire Lease TermPremises, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with Landlord will accept a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, certificate of such insurance, provided:
(1) the certificate states the amounts of insurance to Landlord upon commencement and types of coverage:
(2) the Lease Term and amounts are at least 30 days prior equal to their renewal date and such certificate(sthe amounts that would be required in this Lease: and
(3) and policies shall name Landlord and Building Manager as additional insureds, in addition to the policy complies with the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under in this Lease.
Appears in 1 contract
Sources: Lease Agreement (Ideal Power Inc.)
Tenant’s Insurance. (a) At its sole cost and expense, Tenant shall, at its own cost, at all times shall maintain in full force and effect during the Term of the Lease Term, procure the following insurance coverages insuring against claims which may arise from or in connection with the Tenant’s operation and maintain workmen's compensation insurance in use of the maximum statutory amount and Employers Premises.
(i) Commercial General Liability insurance in the amount including contractual liability coverage, with minimum coverages of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each 5,000,000 per occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage, $1,000,000 for products-completed operations coverage, $100,000 fire legal liability, $1,000,000 for personal and advertising injury (which coverage shall not be subject to the contractual liability exclusion), with a $5,000,000 general aggregate limit, for injuries to, or illness or death of, persons and damage for products to property occurring in or about the Premises or otherwise resulting from Tenant’s operations in the Building or the Industrial Center. The foregoing coverage may be carried in any combination of primary and completed operationsumbrella coverage. If applicable and required by Landlord, liquor liability coverage shall be included. All such insurance shall be procured from endorsed to include Landlord and Landlord Entities as additional insureds.
(ii) Workers’ Compensation insurance with statutory limits and Employers Liability with a responsible $1,000,000 per accident limit for bodily injury or disease.
(iii) Automobile Liability insurance company covering all owned, nonowned, and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage.
(iv) Property insurance protecting Tenant against loss or companies authorized damage by fire and such other risks as are insurable under then-available standard forms of “special form” (previously known as “all risk”) insurance policies (including earthquake and flood), covering Tenant’s personal property and trade fixtures in or about the Premises or the Building, and all tenant improvements (including Alterations) and floor and wall coverings in the Premises, for the full replacement value thereof without deduction for depreciation, and Business Income insurance covering at least six months of loss of income and continuing expense. Tenant’s property insurance policy shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 8.4 below. If required by Landlord, Pollution Liability Coverage with minimum coverage of $1,000,000 per claim and $2,000,000 annual aggregate, which coverage may be on a “claims-made” basis; provided, however, that Landlord may only require Pollution Liability Coverage if Tenant’s operations are such that Pollution Liability Coverage is customarily required for such operations. Such insurance shall be endorsed to include Landlord and the other Landlord Entities as additional insureds.
(b) The commercial general liability insurance policy provided for in Paragraph 8.2(a)(i) above and, if applicable, the insurance under Paragraph 8.2(a)(v) above, shall specifically include all liability assumed by Tenant under this Lease (provided, however, that such contractual liability coverage shall not limit or be deemed to satisfy Tenant’s indemnity obligations under this Lease) and shall provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Landlord Entities by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. If any of the policies required to be maintained by Tenant under Paragraph 8.2(a) above are subject to deductibles, the deductible amounts shall not exceed amounts reasonably approved in advance in writing by Landlord.
(c) Tenant shall deliver to Landlord certificates reflecting evidence of the required insurance coverages prior to initial occupancy, and renewal certificates shall be delivered to Landlord not later than thirty (30) days prior to expiration of the existing certificates. Upon Landlord’s written request, Tenant shall deliver to Landlord a copy of the requested insurance policy itself.
(d) If, in the opinion of Landlord’s insurance advisor, the amount or scope of such coverage is deemed inadequate at any time during the Term, Tenant shall increase such coverage to such reasonable amounts or scope as Landlord’s advisor deems adequate; provided, however, such increased amounts shall not materially exceed the greater of (a) those amounts normally required for comparable buildings and comparable uses in the vicinity of the Industrial Center or (b) those amounts required to provide Landlord with the same relative protection as the amounts set forth above as of the date of this Lease.
(e) All insurance required under Paragraph 8.2 (a) shall be issued by insurers licensed to do business in the State where state in which the Premises are located, with general policyholder's ratings of not less than AA + located and a financial rating of not less than "XI" in the most current available which are rated A:VII or better by Best's Insurance Reports, ’s Key Rating Guide and (ii) shall be otherwise satisfactory endorsed to Landlordprovide at least 30-days prior notification of cancellation or material change in coverage to said additional insureds. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy coverage on an “occurrence” rather than a claims-made “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leaseunless otherwise expressly provided above.
Appears in 1 contract
Tenant’s Insurance. (a) Tenant shallshall carry, at its own cost, at all times during the Lease Term, procure and maintain workmenTenant's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenantsole expense, insurance coverage at least as broad as ISO Special Form Coverage against any or all risks of direct physical loss or damage (commonly known as "in an amount adequate to cover the cost of replacement of all risk") for the full replacement cost of Tenant's Property Alterations, trade fixtures, equipment and 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 contents of like). Tenant acknowledges that Landlord's insurance is not intended to cover Tenant's Alterations, trade fixtures, equipment, and personal property. If the Premises including damage due to water leakagecontains any plate glass, in an amount equal to their Tenant shall carry plate-glass insurance covering all plate glass on the Premises at full replacement cost. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of 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 L▇▇▇▇▇▇▇'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 coverage for bodily injurywrongful death), property damage, advertising injury, personal injury (employee and contractual liability exclusions deletedcoverages (including Tenant's indemnification obligations under Article 13), products and completed operationsindependent contractors, contractual liabilityowned, owner's protective liabilitynonowned, and broad form property damage with hired vehicle liability and, if alcoholic beverages are served, sold, consumed or obtained in the following limits Premises, liquor-law liability. The initial limit of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in at least $2,000,000 combined single liability limit if the State where Rentable Square Footage of the Premises are located(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 L▇▇▇▇▇▇▇'s professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain worker's compensation coverage in an amount adequate to comply with general policyholderlaw, and employer's ratings liability coverage with a limit of not less than AA + $2,000,000. If T▇▇▇▇▇'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, L▇▇▇▇▇▇▇'s lender and a financial rating of not less than "XI" in the most current available BestLandlord's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies property manager (except workmen's compensationif any) shall name Landlord and Building Manager as additional insureds, (ii) contain cross-liability and contractual liability provisions, (ii) provide that no cancellation or reduction in coverage shall provide they cannot be canceled or altered except upon 30 effective until thirty (30) days prior after written notice to Landlord and Landlord. All insurance maintained 's lender, (iii) be issued by Tenant shall 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. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are madeabsence of negligence or other fault of Tenant for alleged injury, either death and/or property damage. The deductible or self-insured retention on any insurance required to be carried by obtaining an endorsement providing for an unlimited extended reporting period in Tenant hereunder shall not exceed, without the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date prior written consent of the canceled or expired policyLandlord, Five Thousand Dollars ($5,000) per occurrence. Tenant shall provide certificate(s), and if requested copies be responsible for the payment of the policiesfull 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 such any obligation under this Lease.
(d) Each policy of insurance required to Landlord upon commencement of be carried by Tenant hereunder shall be obtained by T▇▇▇▇▇ 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 A▇▇▇▇ 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 this Lease, and (ii) all additional insured endorsements provided by the insurer in favor of Landlord, L▇▇▇▇▇▇▇'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 30 thirty (30) days prior to their renewal date expiration thereof. Tenant shall permit Landlord at all reasonable times to inspect the policies of insurance, and such certificate(sshall deliver copies thereof to Landlord within ten (10) days after L▇▇▇▇▇▇▇'s request therefor. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits terms of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 1 contract
Sources: Standard Industrial Net Lease (Aethlon Medical Inc)
Tenant’s Insurance. Tenant shallshall maintain the following coverages in the following amounts:
10.3.1 Commercial General Liability Insurance on an ISO CG 00 01 occurrence form covering the insured against claims of bodily injury, personal and advertising injury and property damage (including loss of use thereof) arising out of Tenant’s operations, products/completed operations, and contractual liability including a Broad Form endorsement covering the insuring provisions of this Lease and the performance by Tenant of the indemnity agreements set forth in Section 10.1 of this Lease (including products and completed operations coverage) for limits of liability of not less than those set forth below, which may be accomplished by any combination of primary and excess layers, provided the umbrella sits excess to the underlying commercial generally liability, automobile liability, and employer’s liability insurance. Such insurance shall be written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a material financial interest in the Project, including ▇▇▇▇▇▇▇▇’s managing agent, ground lessor and/or lender, if any, shall be named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations. Limits of liability insurance shall not be less than the following (provided, however, such limits may be achieved through the use of an umbrella/excess policy): Bodily Injury and Property Damage Liability $11,000,000 each occurrence$11,000,000 annual aggregate Personal Injury and Advertising Liability $11,000,000 each occurrence$11,000,000 annual aggregate 0% Insured’s participation Tenant Legal Liability/Damage to Rented Premises Liability $10,000,000
10.3.2 Property Insurance covering (i) all office furniture, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s property on the Premises installed by, for, or at its own costthe expense of Tenant, at all times during and (ii) the Tenant Improvements described in Exhibit 1.1.1-2 and any other tenant improvements that exist in the Premises (excluding the Base Building) as of the Lease Term, procure and maintain workmen's compensation Commencement Date (the “Original Improvements”). Such insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO shall be written on a Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") basis, for the full replacement cost value (subject to reasonable deductible amounts) new, without deduction for depreciation of Tenant's Property the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the contents Terrorism Risk Insurance Program Reauthorization Act of the Premises including damage due to water leakage2007 (Pub. L. 110-160, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted121 Stat. 183), products any successor statute or regulation, or is otherwise available at commercially reasonable rates) and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations(d) earthquake insurance. All such Such insurance shall be procured from written on an “all risks” of physical loss or damage basis, for the full replacement cost value (subject to reasonable deductible amounts) new without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for damage or other loss caused by fire or other peril including, but not limited to, vandalism and malicious mischief, theft, water damage of any type, including sprinkler leakage, bursting or stoppage of pipes, and explosion. Notwithstanding the foregoing, Tenant may elect to self-insure terrorism and earthquake insurance required in this Section 10.3.1 and self-insurance shall not reduce the coverage amounts required to be maintained by Tenant hereunder and any self-insured amount shall be deemed to contain all of the terms and conditions applicable to the insurance required in this Lease, including, without limitation, full waiver of subrogation in favor of Landlord.
10.3.3 Business Income Interruption for one (1) year plus Extra Expense insurance in such amounts as will reimburse Tenant for actual direct or indirect loss of earnings and continuing expenses, including rent, attributable to the risks outlined in Section 10.3.2 above with a responsible insurance company or companies authorized to do business in the State where the Premises are located, three hundred and sixty-five (365) day extended period of indemnity.
10.3.4 Worker’s Compensation and Employer’s Liability with general policyholder's ratings limits not less than $1,000,000 each accident; $1,000,000 disease – each employee; and $1,000,000 disease policy limit with minimum limits of not less than AA + $1,000,000 each accident/employee/disease or other similar insurance pursuant to all applicable state and local statutes and regulations. The policy will include a financial rating waiver of not less than "XI" subrogation in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date favor of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this LeaseParties.
Appears in 1 contract
Tenant’s Insurance. Tenant shallshall maintain, at its own costcost and expense, the following coverages with limits of not less than the greater of (i) those set forth hereunder, (ii) those evidenced on the declaration page of the pertinent insurance policy, and (iii) those required by law.
10.3.1 Commercial General Liability Insurance issued on terms no less broad than the most current ISO CG 00 01 occurrence form, covering the insured against claims of bodily injury, personal and advertising injury and property damage (including loss of use thereof) arising out of Tenant’s operations, products/completed operations, social or host liquor liability (if applicable), and “insured contracts” (as defined by the most current ISO CG 00 01 form), including a Separation of Insureds provision with no exclusion for cross-liability, and including the Additional Insureds (as defined hereunder) as additional insureds with respect to both ongoing and completed operations coverage on a primary and non-contributory basis, for limits of liability of not less than: $1,000,000 each occurrence $2,000,000 annual aggregate per location $1,000,000 personal and advertising injury $2,000,000 products-completed operations No deductible or self-insured retention.
10.3.2 Property Insurance covering (i) all office furniture, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s property on the Premises installed by, for, or at all times during the expense of Tenant, and (ii) the Tenant Improvements described in Exhibit 1.1.1-2 and any other tenant improvements that exist in the Premises as of the Lease Term, procure and maintain workmen's compensation Commencement Date (the “New Improvements”). Such insurance in the maximum statutory amount and Employers Liability insurance in the amount shall be written on an “all risks” of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") basis, for the full replacement cost of Tenant's Property and the contents value (subject to reasonable deductible amounts) new without deduction for depreciation of the Premises 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, hail, windstorm, flood, earthquake, terrorism, vandalism and malicious mischief, theft, water damage of any type, including damage due to water sprinkler leakage, in an amount equal to their full replacement costearthquake sprinkler leakage, bursting or stoppage of pipes, and commercial general liability insuranceexplosion. 176640186.8 373606-000050
10.3.3 Business Income Interruption for one (1) year plus Extra Expense insurance in such amounts as will reimburse Tenant for actual direct or indirect loss of earnings and continuing expense, including coverage for bodily injuryrent, property damageattributable to the risks outlined in Section 10.3.2 above. Tenant may self-insure the Business Income Interruption insurance so long as the self-insured amount shall be deemed to contain all of the terms and conditions applicable to the insurance required in this Lease, personal injury including, without limitation, full waiver of subrogation in favor of Landlord.
10.3.4 Auto Liability Insurance covering liability arising out of any auto, including owned (employee and contractual liability exclusions deletedif any), products and completed operationsnon-owned, contractual liability, owner's protective liabilityleased, and broad form property damage hired autos, with the following limits a limit of liability: not less than $2,000,000.00 each occurrence 1,000,000 combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate each accident for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leasedamage.
Appears in 1 contract
Sources: Lease (Organovo Holdings, Inc.)
Tenant’s Insurance. Tenant shallwill secure and maintain, at its own cost, at Tenant's expense:
(a) All risk property insurance (including extra expense insurance) on all times during the Lease Term, procure of Tenant's fixtures and maintain workmen's compensation insurance personal property in the maximum statutory amount Premises, and Employers Liability insurance on any alterations, additions or improvements which Landlord requires Tenant to insure in the amount of $500,000accordance with Paragraph 11, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost thereof. Tenant will use the proceeds from such insurance for the replacement of fixtures and personal property and for the restoration of any such alterations, additions or improvements as set forth in Paragraph 20. Landlord will be named as loss payee as respects its interest in any such alterations, additions, or other improvements.
(b) Business income insurance with limits not less than Tenant's Property 100% gross revenue for a period of 12 months.
(c) Workers compensation and employers liability insurance. Workers compensation insurance in statutory limits will be provided for all employees. The employers liability insurance will afford limits not less than $500,000.00 per accident, $500,000.00 per employee for bodily injury by disease, and $500,000.00 policy limit for bodily injury by disease.
(d) Commercial general liability insurance which insures against claims for bodily injury, personal injury, advertising injury, and property damage based upon, involving, or arising out of the contents use, occupancy, or maintenance of the Premises including damage due to water leakageand the Project. Such insurance will afford, in an amount equal to their full replacement costat a minimum, the following limits: Each Occurrence $ 1,000,000.00 General Aggregate 1,000,000.00 Products/Completed Operations Aggregate 2,000,000.00 Personal and Advertising Injury Liability 1,000,000.00 Fire Damage Legal Liability 50,000.00 Medical Payments 5,000.00 Such insurance will name Landlord, its trustees and beneficiaries, Landlord's mortgagees, Landlord's managing agent, Landlord's advisor, and commercial general their respective officers, directors, agents and employees, as additional insureds (the "Required Additional Insureds"). This coverage must include blanket contractual liability, broad form property damage liability, and must contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke, or fumes from a hostile fire. Such insurance must be written on an occurrence basis and contain a standard separation of insureds provision.
(e) Business auto liability which insures against bodily injury and property damage claims arising out of the ownership, maintenance, or use of "any auto." A minimum of a $1,000,000.00 combined single limit per accident will apply.
(f) Umbrella excess liability insurance, including coverage for on an occurrence basis, that applies excess of required commercial general liability, business auto liability, and employers liability policies, which insures against bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products advertising injury claims with the following minimum limits: Each Occurrence $ 5,000,000.00 Annual Aggregate 5,000,000.00 These limits must be in addition to and completed operations, contractual not including those stated for underlying commercial general liability, owner's protective business auto liability, and broad form property damage with employers liability insurance. Such policy must name the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager Required Additional Insureds as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 1 contract
Tenant’s Insurance. Tenant shallcovenants and agrees that from and after the date of delivery of the Premises from Landlord to Tenant, Tenant will carry and maintain, at its own costsole cost and expense, at all times during the Lease Termfollowing types of insurance, procure and maintain workmen's compensation insurance in the maximum statutory amount amounts specified and Employers Liability insurance in the amount of $500,000form hereinafter provided for:
(i) Commercial General Liability (“CGL”) Insurance written on an occurrence basis, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, and all operations of Tenant in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage or about the Premises against claims for bodily injury, death, property damage, personal injury (employee damage products liability and completed operations and to include contractual liability exclusions deleted)coverage insuring Tenant’s indemnification obligations under this Lease, products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following to be in combined single limits of liability: not less than $2,000,000.00 2,000,000 each occurrence combined single limit for bodily injury, death and property damage damage, $2,000,000 for products/completed operations aggregate, $2,000,000 for personal injury, and to have general aggregate limits of not less than $2,000,000 (per location) and umbrella liability insurance in an amount not less than $5,000,000 for each policy year. The general aggregate limits under the commercial general liability insurance policy or policies shall apply separately to the Premises and to Tenant’s use thereof (and not to any other location or use of Tenant) and such policy shall contain an endorsement to that effect. The certificate of insurance evidencing the CGL form of policy shall specify all endorsements required herein and shall specify on the face thereof that the limits of such policy apply separately to the Premises.
(ii) Insurance covering all of the items included in the heating, ventilating and air conditioning equipment maintained by Tenant, ▇▇▇▇▇▇’s trade fixtures, merchandise and personal injury; $2,000,000.00 aggregate for bodily injury property from time to time in, on or upon the Premises, and property damage for products all Tenant improvements and completed operationsany Alterations in an amount not less than one hundred percent (100%) of their full replacement value from time to time during the Term, providing protection against perils included within the standard form of “special form” (formerly, “all risk”) fire and casualty insurance policy. All Any policy proceeds from such insurance shall be procured from a responsible held in trust by Tenant’s insurance company for the repair, construction and restoration or companies authorized replacement of the Property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 21 above.
(iii) Workers’ Compensation insurance in amounts required by law.
(iv) Employer’s Liability coverage of at least $1,000,000.00 per Occurrence.
(v) Business Interruption Insurance equal to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating fifty percent (50%) of not less than "XI" the estimated gross earnings (as defined in the most current available Best's Insurance Reportsstandard form of business interruption insurance policy) of Tenant at the Premises, and which insurance shall be otherwise satisfactory to Landlord. All such policies issued on an “all risk” basis (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(sits equivalent), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 1 contract
Tenant’s Insurance. Tenant shall, at its own cost, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises remaining term of this Lease, whichever is less.
10.3.1 Commercial General Liability Insurance (including damage due contractual liability coverage equivalent to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for ISO CG 00 01) covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy shall include coverage for liabilities assumed under this Lease as an insured contract for the performance of Tenant’s insured indemnity obligations under this Lease on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date basis equivalent to ISO CG 00 01 and subject to all other terms of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinPolicy. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $3,000,000 each occurrence Personal Injury and Advertising Liability $3,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $500,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, and (ii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for all perils included in the CP 10 30 Causes of Loss --Special Form .
Appears in 1 contract
Sources: Office Lease (Selectica Inc)
Tenant’s Insurance. Tenant shallcovenants and agrees that from and after the date of delivery of the Premises from Landlord to Tenant, Tenant will carry and maintain, at its own costsole cost and expense, at all times during the Lease Termfollowing types of insurance, procure and maintain workmen's compensation insurance in the maximum statutory amount amounts specified and Employers Liability insurance in the amount of $500,000form hereinafter provided for:
(i) Commercial General Liability (“CGL”) Insurance written on an occurrence basis, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, and all operations of Tenant in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage or about the Premises against claims for bodily injury, death, property damage, personal injury (employee damage and products liability and to include contractual liability exclusions deleted)coverage insuring Tenant’s indemnification obligations under this Lease, products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following to be in combined single limits of liability: not less than $2,000,000.00 2,000,000 each occurrence combined single limit for bodily injury, death and property damage damage, $2,000,000 for products/completed operations aggregate, $2,000,000 for personal injury, and to have general aggregate limits of not less than $2,000,000 (per location) and Umbrella Liability Insurance in an amount not less than $5,000,000 for each policy year. The general aggregate limits under the Commercial General Liability insurance policy or policies shall apply separately to the Premises and to Tenant’s use thereof (and not to any other location or use of Tenant) and such policy shall contain an endorsement to that effect. The certificate of insurance evidencing the CGL form of policy shall specify all endorsements required herein and shall specify on the face thereof that the limits of such policy apply separately to the Premises.
(ii) Insurance covering all of the items included in Tenant’s heating, ventilating and air conditioning equipment maintained by Tenant, trade fixtures, merchandise and personal injury; $2,000,000.00 aggregate for bodily injury property from time to time in, on or upon the Premises, and property damage for products all Tenant Improvements and completed operationsany Alterations in an amount not less than one hundred percent (100%) of their full replacement value from time to time during the Term, providing protection against perils included within the standard form of “all-risk” (i.e., “Special Cause of Loss”) fire and casualty insurance policy. All Any policy proceeds from such insurance shall be procured from a responsible held in trust by-Tenant’s insurance company for the repair, construction and restoration or companies authorized replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 22 above.
(iii) Workers’ Compensation insurance in amounts required by law.
(iv) Employer’s Liability coverage of at least $1,000,000.00 per occurrence,
(v) Business Interruption Insurance equal to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating fifty percent (50%) of not less than "XI" the estimated gross earnings (as defined in the most current available Best's Insurance Reportsstandard form of business interruption insurance policy) of Tenant at the Premises, and which insurance shall be otherwise satisfactory to Landlord. All such policies issued on an “all risk” basis (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(sits equivalent), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 1 contract
Sources: Office Lease Agreement (Velti PLC)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed 702009.06/WLA -41- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.] by, for, or at the expense of Tenant, (ii) the Improvements, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Sources: Office Lease (Accelrys, Inc.)
Tenant’s Insurance. Tenant shall, at its own cost, at all times shall carry insurance during the Lease Termentire Term hereof with terms, procure coverages and maintain workmen's compensation insurance companies (which shall be licensed to do business in the maximum statutory amount State of New Jersey and Employers Liability insurance shall be rated no lower than A/VIII 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, including contractual liability and the broad or extended liability endorsement, insuring against claims for death, bodily injury, personal injury and property damage occurring upon, in or about the Premises or the Office Complex on an occurrence basis, in an amount of not less than One Million Dollars ($500,0001,000,000.00) combined single limit per occurrence, each and umbrella coverage in an amount not less than Three Million Dollars ($3,000,000.00), both comprehensive or commercial general liability insurance and umbrella coverage covering all persons employed by TenantTenant as a named insured and Landlord, insurance 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 at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") perils for the full replacement cost of Tenant's Property all additions, improvements and alterations to the contents Premises whether owned, made or installed by or on behalf of Tenant or existing in the Premises as of the Premises including damage due to water leakagedate such space is leased to, in an amount equal to their full replacement costor occupied by, Tenant, if any, and commercial general liability insuranceof all office furniture, including coverage for bodily injurytrade fixtures, office equipment, merchandise and all other items of Tenant’s property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with on the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are locatedPremises, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory loss or damage payable to Landlord. All such policies (except workmen's compensation) shall name 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, Building Manager or Project as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, result of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leaseperils.
Appears in 1 contract
Tenant’s Insurance. Tenant shall, at its own costexpense, at including any insurance policy deductibles or self-insured retentions, keep in full force and effect all times of the following insurance policies during the Lease TermTerm and any extension thereof with carriers that maintain an A.M. Best Rating of A-VII or better:
(A) Commercial property insurance (1) insuring 100% of the full replacement cost on an agreed amount basis of all Alterations made at Tenant’s expense or direction during the performance of and when completed, procure and maintain workmen's compensation insurance all other property owned or used by Tenant and located in the maximum statutory amount Premises, including at least twelve (12) months of business interruption coverage, and Employers Liability (2) written on an “all risk” or “special perils” policy form, including coverage for windstorm. The proceeds of Tenant’s commercial property insurance in shall be used for the amount repair or replacement of $500,000the property so insured, each covering all persons employed by except that if this Lease is terminated following a casualty, the proceeds applicable to Alterations shall be paid to Landlord and the proceeds applicable to Tenant, ’s personal property shall be paid to Tenant.
(B) Commercial general liability insurance coverage written on an occurrence policy form that is at least as broad as the coverage provided by ISO Special Form Coverage against risks CG 00 01 04 13, covering damages because of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal and advertising injury; , arising out of Tenant’s premises, operations or products-completed operations, with limits of liability of not less than $2,000,000.00 aggregate 1,000,000 for bodily injury and property damage for products per occurrence and $2,000,000 general annual aggregate and a $3,000,000 products-completed operationsoperations aggregate. All such
(C) Commercial automobile liability insurance covering liability arising from the use or operation of any auto, including those owned, hired, leased, rented, borrowed, non-owned or otherwise operated or used by or on behalf of Tenant. The coverage shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, on an occurrence form with general policyholder's ratings combined single limits of not less than AA + $1,000,000 per accident for bodily injury (including death) and a financial rating of property damage. Alternatively, Tenant may insure for the risks required to be insured against under this Section 4.1(C) through its commercial general liability insurance policy.
(D) Workers’ compensation insurance in compliance with all Governmental Regulations, and employer’s liability insurance with limits not less than "XI" $1,000,000 for bodily injury for each accident, $1,000,000 for bodily injury by disease for each employee and $1,000,000 for bodily injury by disease policy limit.
(E) Umbrella/excess liability insurance covering in excess of (and written on a form at least as broad as) the most current available Best's Insurance Reportsprimary commercial general liability, employer’s liability and shall be otherwise satisfactory to Landlordautomobile liability insurance policies with limits not less than $1,000,000 each occurrence and $1,000,000 annual aggregate. All such policies
(except workmen's compensationF) shall name Landlord and Building Manager as additional insuredsDuring the performance of all Alterations, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary also cause its contractor or subcontractor, as appropriate, performing the Alteration to any insurance carried by Landlord. If Tenant obtains any maintain, (1) commercial general liability insurance policy as described in Section 4.1(B), but with limits not less than $1,000,000 for bodily injury and property damage per occurrence and $2,000,000 general annual aggregate and a $2,000,000 products- completed operations aggregate; (2) commercial automobile liability insurance as described in Section 4.1(C); (3) workers’ compensation insurance and employer’s liability insurance as described in Section 4.1(D); and (4) umbrella/excess liability insurance covering in excess of (and written on a claims-made basisform at least as broad as) the primary commercial general liability, employer’s liability and automobile liability insurance policies with limits not less than $1,000,000 each occurrence and $1,000,000 annual aggregate. In addition, if design, engineering or other professional services are provided in connection with the Alteration, Tenant shall provide continuous cause the party providing those services to maintain professional liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period insurance with limits not less than $1,000,000 each claim and $1,000,000 in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policyaggregate. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 1 contract
Tenant’s Insurance. By the Commencement Date, and continuing during the entire Term, Tenant shallshall obtain and keep in full force and effect, at its own the following insurance with limits of coverage as set forth in Section 1.14 of the Summary:
(a) Special Form (formerly known as “all risk”) insurance, including fire and extended coverage, sprinkler leakage, vandalism, malicious mischief upon property of every description and kind owned by Tenant and located in or on the Premises, or for which Tenant is legally liable or installed by or on behalf of Tenant including, without limitation, furniture, equipment and any other personal property, and any Alterations (but excluding the initial Tenant Improvements), in an amount not less than the full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, at the decision of Landlord or the Mortgagees of Landlord shall be presumptive.
(b) Commercial general liability insurance coverage on an occurrence basis, including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, owner’s protective coverage, contractual liability (including Tenant’s indemnification obligations under this Lease), liquor liability (if Tenant serves alcohol on the Premises), products and completed operations liability.
(c) Commercial Automobile Liability covering all times during the Lease Termowned, procure hired and maintain workmen's compensation insurance non-owned automobiles.
(d) Workers’ compensation, in the maximum statutory amount amounts and Employers Liability insurance in the amount of $500,000employer’s liability, each covering all persons employed by Tenantin connection with any work done in, on or about the Premises for which claims for death, bodily injury or illness could be asserted against Landlord, Tenant or the Premises.
(e) Umbrella liability insurance on an occurrence basis, in excess of and following the form of the underlying insurance described in Sections 14.1(b) and 14.1(c) and the employer’s liability coverage in Section 14.1(d) which is at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property each and the contents every area of the Premises including damage due to water leakageunderlying policies. Such umbrella liability insurance shall include pay on behalf of wording, in an amount equal to their full replacement costconcurrency of effective dates with primary policies, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, blanket contractual liability, owner's protective liability, and broad form property damage with the following limits application of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insuredsprimary policy aggregates, and shall provide they cannot be canceled or altered except upon 30 days prior written notice that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance, subject to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy customary commercially reasonable deductible amounts imposed on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the umbrella policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 1 contract
Sources: Commercial Lease (Orchard Supply Hardware Stores Corp)
Tenant’s Insurance. Tenant shallEffective as of the Commencement Date, at its own cost, at all times during and continuing throughout the Lease Term, procure and Tenant shall maintain workmen's compensation the following insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage policies: (commonly known as "all risk"1) for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance 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, insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company (if any) and, if requested in writing by Landlord, Landlord’s agents, Landlord’s mortgagee and their respective Affiliates 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, (2) All Risk/Special Form Property insurance covering the full value of Tenant’s property and improvements, and other property (including property of others) in the Premises or the Project (including but not limited to Tenant’s Off-Premises Equipment), (3) 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), and (4) worker’s compensation insurance, including to the extent required by applicable Laws. The term “Affiliate” means any person or entity which, directly or indirectly, through one or more intermediaries, controls is controlled by, or is under common control with the party in question. Tenant’s insurance shall provide primary coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liabilityto Landlord when any policy issued to Landlord provides duplicate or similar coverage, and broad form property damage with 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 following limits maintenance of liability: $2,000,000.00 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 occurrence combined single limit for bodily injuryrenewal of said insurance, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operationsTenant 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 procured from in form, and issued by companies with a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial Best’s rating of not less than "XI" in the most current available Best's Insurance ReportsA-IX or better, and shall be otherwise reasonably satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability fails to comply with the foregoing insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled requirements or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to deliver to Landlord upon commencement the certificates or evidence of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insuredscoverage 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 other requirements herein. The limits premium costs thereof, plus an administrative fee of Tenant's insurance shall not, under any circumstances, limit the liability 10% of Tenant under this Leasesuch cost.
Appears in 1 contract
Tenant’s Insurance. Tenant shall, shall obtain at its own cost, at all times expense and keep in full force and effect during the Lease Term, procure a policy of commercial general liability insurance (including, without limitation, insurance covering Tenant’s contractual liability under this Lease), under which Tenant is named as the insured, and maintain workmen's compensation Landlord, Landlord’s managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, are named as additional insureds. Such policy shall contain (i) a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance in the maximum statutory amount and Employers Liability insurance in company to pay the amount of $500,000any loss sustained, each covering all persons employed (ii) a waiver of subrogation against Landlord or a consent to a waiver of right of recovery against Landlord and (iii) an agreement by Tenantthe insurer that it will not make any claim against or seek to recover from Landlord for any loss, damage or claim whether or not covered under such policy. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage thirty (commonly known as "all risk"30) for days written notice by certified mail, return receipt requested, which notice shall contain the full replacement cost of Tenant's Property policy number and the contents names of the Premises including damage due insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to water leakage, each occurrence in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + $3,000,000 for injury (or death) and damage to property or such greater amount as Landlord may, from time to time, reasonably require. Tenant shall also maintain at its own expense during the Term a financial rating policy of not less than "XI" in workers’ compensation insurance providing statutory benefits for Tenant’s employees and employer’s liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the most current available Best's Insurance Reportstermination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Tenant shall be otherwise satisfactory to provide Landlord with a complete copy of any such policy upon written request of Landlord. All such policies (except workmen's compensation) Tenant shall name have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that names Landlord, Landlord’s managing agent and/or designees specified by Landlord and Building Manager from time to time, as additional insureds, references the Premises, and guarantees a minimum limit available for the Premises equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant contain a clause that the policy and the coverage evidenced thereby shall be primary with respect to any insurance policies carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to that any coverage carried by Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinbe excess insurance. The limits of Tenant's the insurance required under this subsection shall not, under any circumstances, not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Best’s Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of “A” and a financial rating of at least “13”. In the event that Tenant fails to continuously maintain insurance as required by this subsection, Landlord may, at its option and without relieving Tenant of any obligation hereunder, order such insurance and pay for the same at the expense of Tenant. In such event, Tenant shall repay the amount expended by Landlord, with interest thereon, immediately upon Landlord’s written demand therefor.
Appears in 1 contract
Sources: Lease Agreement (Intralinks Inc)
Tenant’s Insurance. Tenant shallcovenants and agrees that from and after the date of delivery of the Premises from Landlord to Tenant, Tenant will carry and maintain, at its own costsole cost and expense, at all times during the Lease Termfollowing types of insurance, procure and maintain workmen's compensation insurance in the maximum statutory amount amounts specified and Employers Liability insurance in the amount of $500,000form hereinafter provided for:
(i) Commercial General Liability (“CGL”) Insurance written on an occurrence basis, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, and all operations of Tenant in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage or about the Premises against claims for bodily injury, death, property damage, personal injury (employee products liability and completed operations and to include contractual liability exclusions deleted)coverage insuring Tenant’s indemnification obligations under this Lease, products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following to be in combined single limits of liability: not less than $2,000,000.00 2,000,000 each occurrence combined single limit for bodily injury, death and property damage damage, $2,000,000 for products/completed operations aggregate, $2,000,000 for personal injury, and to have general aggregate limits of not less than $2,000,000 and Umbrella Liability Insurance in an amount not less than $5,000,000 for each policy year. The general aggregate limits under the Commercial General Liability insurance policy or policies shall apply separately to the Premises and to Tenant’s use thereof (and not to any other location or use of Tenant) and such policy shall contain an endorsement to that effect. The certificate of insurance evidencing the CGL form of policy shall specify all endorsements required herein and shall specify on the face thereof that the limits of such policy apply separately to the Premises.
(ii) Insurance covering all of the items included in Tenant’s heating, ventilating and air conditioning equipment maintained by Tenant, Tenant’s trade fixtures, merchandise and personal injury; $2,000,000.00 aggregate for bodily injury property from time to time in, on or upon the Premises, and property damage for products all Tenant Improvements and completed operationsany Alterations in an amount not less than one hundred percent (100%) of their full replacement value from time to time during the Term, providing protection against perils included within the standard form of special cause of loss/special form (formerly, “all risk”) fire and casualty insurance policy. All Any policy proceeds from such insurance shall be procured from a responsible held in trust by Tenant’s insurance company for the repair, construction and restoration or companies authorized replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 22 above.
(iii) Workers’ Compensation insurance in amounts required by law.
(iv) Employer’s Liability coverage of at least $1,000,000.00 per occurrence.
(v) Business Interruption Insurance equal to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating fifty percent (50%) of not less than "XI" the estimated gross earnings (as defined in the most current available Best's Insurance Reportsstandard form of business interruption insurance policy) of Tenant at the Premises, and which insurance shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy issued on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled “special form” basis (or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(sits equivalent), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 1 contract
Sources: Office Lease Agreement (Turo Inc.)
Tenant’s Insurance. Tenant shall26.1. Tenant, at its own costexpense, at all times during the Lease Term, procure and will maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies admitted insurers authorized to do business in the State where of New Jersey and which are rated “A+/VII”or equivalent in Best’s Key Rating Guide, or any successor thereto (or if there is none, a rating organization having a national reputation) commercial general liability against claims for bodily injury, personal injury, death or property damage occurring on, in or about the Premises are located, with general policyholder's ratings of in amounts not less than AA + $5,000,000.00 per occurrence/aggregate for bodily injury, personal injury or death, $5,000,000.00 with respect to any one occurrence, and a financial rating $3,000,000.00 with respect to all claims for property damage with respect to any one occurrence with an aggregate of not less than "XI" $3,000,000.00. From time to time during the Term such limits shall be increased to the prevailing level customarily carried with respect to similar properties in Somerset County, New Jersey and the surrounding area. Tenant shall be responsible to maintain property insurance on all of its goods, personal property or effects, including removable trade fixtures located in the most current available Best's Insurance Reports, and shall Premises.
26.2. The policy of insurance required to be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant pursuant to Section 26.1 shall name as additional insured parties Landlord, Landlord’s managing agent, and any mortgagee of Landlord, shall be primary reasonably satisfactory to Landlord and shall (a) provide for the benefit of such holder or holders, that thirty (30) days’prior written notice of suspension, cancellation, termination, modification, non renewal or lapse or material change of coverage shall be given to Landlord and that such insurance shall not be invalidated by any insurance carried act or neglect of Landlord or Tenant or any owner of the Premises, nor by Landlordany foreclosure or other proceedings or notices thereof relating to the Premises, nor by occupation of the Premises for purposes more hazardous than are permitted by such policy, and (b) include a contractual liability endorsement.
26.3. If Tenant obtains any general liability insurance policy on a claims-made basisWithin fifteen (15) days after the commencement of the Term, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled deliver to Landlord original or not renewed for any reason whatsoever duplicate policies or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date certificates of the canceled or expired policy. insurers evidencing all the insurance which is required to be maintained hereunder by Tenant shall provide certificate(s)(including, and if requested copies without limitation, a waiver of the policieseach insurer’s rights of subrogation pursuant to Section 19.1) and, of such insurance to Landlord upon commencement of the Lease Term and at least 30 within ten (10) days prior to their the expiration of any such insurance, other original or duplicate policies or certificates evidencing the renewal date of such insurance.
26.4. Landlord shall, as part of Operating Expenses, obtain any and such certificate(s) all insurance coverage it deems necessary or appropriate in connection with the use and policies operation of the Property, which shall name include, but need not be limited to, fire, liability and any and all other insurance as Landlord and Building Manager as additional insureds, in addition to the other requirements hereinor any mortgagee of Landlord may require. The limits of Tenant's property insurance shall not, under any circumstances, limit cover the replacement cost of the Building and all improvements therein which Landlord is obligated to restore. The liability insurance shall be in at least the amounts and types required of Tenant under this Leasehereunder.
Appears in 1 contract
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.6(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.6(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.5.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an "occurrence" basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholderincluding Landlord's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsmanaging agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant's coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant's indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury Property Damage Liability $5,000,000 each occurrence $5,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000
10.5.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant's business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the "Original Improvements"), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (with respect to which Tenant shall be permitted to self-insure).
Appears in 1 contract
Sources: Office Lease (Nektar Therapeutics)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Sections 10.4(I)(x) and Employers Liability insurance in the amount 10.4(I)(y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability Five Million Dollars ($5,000,000) each occurrence Personal Injury and Advertising Liability One Million Dollars ($1,000,000) each occurrence Tenant Legal Liability/Damage to Rented Premises Liability One Million Dollars ($1,000,000.00)
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the “Improvements,” as that term is defined in Section 2.1 of the Work Letter Agreement, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup of sewers and drainage.
Appears in 1 contract
Tenant’s Insurance. (a) At no cost to City, Tenant shall, at its own cost, will procure and keep in effect at all times during the Lease Term, procure and maintain workmen's compensation Term insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage follows:
(commonly known as "all risk"i) for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial Commercial general liability insurance, including coverage for bodily injury, property damage, personal injury insurance with limits not less than Five Million Dollars (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 5,000,000) each occurrence combined single limit for bodily injuryinjury and property damage, property damage including contractual liability, independent contractors, broad-form property
(ii) Property Insurance in an all-risk form for full replacement value of
(iii) Replacement value Personal Property and personal injury; trade fixture insurance.
(iv) Worker’s Compensation Insurance with Employer’s Liability
(v) Business automobile liability insurance with limits not less than One Million Dollars ($2,000,000.00 aggregate 1,000,000) each occurrence combined single limit for bodily injury and property damage for products damage, including owned and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business non-owned and hired vehicles, as applicable, if Tenant uses automobiles in the State where connection with its use of the Premises are locatedor Common Areas.
(vi) Business interruption insurance insuring that the Rent will be paid to City for a period of at least one (1) year if Tenant is unable to operate its business at the Premises. Business Interruption Insurance will also cover business interruptions due to failures or interruptions in telecommunications services, strikes, employee lockouts, riots, or other civil commotion. To calculate Rent during any interruption of business, the Rent for the twelve (12) – month period immediately preceding the incident causing the business interruption will be used.
(vii) Licensed professionals (i.e., architects, engineers, certified public accountants, etc.) will provide professional liability insurance with general policyholder's ratings of limits not less than AA + and a financial rating than
(b) Other insurance as is generally required by commercial owners of not less than "XI" buildings similar in the most current available Best's Insurance Reportssize, character, age, and shall be otherwise satisfactory location as the Premises, as may change from time to Landlord. All such policies time.
(except workmen's compensationc) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All If any of the required insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on is provided under a claims-made basisform, Tenant shall will maintain the coverage continuously throughout the Term and, without lapse, for a period of three (3) years beyond the expiration or termination of this Lease, to the effect that, if occurrences during the Term give rise to claims made after expiration or termination of this Lease, those claims will be covered by the claims-made policies. Tenant’s obligations under this Section will survive the expiration or termination of this Lease.
(d) If any of the required insurance is provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in the general annual aggregate limit, the general aggregate limit will be double the occurrence or claims limits specified above.
(e) All liability insurance policies will be endorsed to provide continuous liability coverage for the following:
(i) Name as additional insured the City and County of San Francisco, its officers, agents, and employees.
(ii) That the policies are primary insurance to any other insurance available to the additional insureds, with respect to any claims arising during the entire Lease Termout of this Lease, regardless of when the claims are made, either and that insurance applies separately to each insured against whom claim is made or suit is brought.
(f) Each insurance policy required under subsection (a) above will be issued by obtaining an endorsement providing for an unlimited extended reporting period insurance company licensed in the event any such policy is canceled State of California and with a general policyholders’ rating of “A-” or not renewed better and a financial size ranking of “Class VIII” or higher in the most recent edition of Best’s Insurance Guide.
(g) All insurance policies required to be maintained by Tenant will be endorsed to provide thirty (30) days’ prior written notice of cancellation for any reason whatsoever reason, intended non-renewal, or by obtaining new reduction in coverage to both Tenant and City. If Tenant’s insurer refuses to offer this endorsement, Tenant will promptly provide the thirty (30) day’s prior written notice of cancellation, intended non-renewal, or reduction in coverage to City. Notice to City will be mailed to the addresses for City set forth in the Basic Lease Information.
(h) On or before the Commencement Date, Tenant will deliver to City certificates of insurance and additional insured policy endorsements from insurers in a form satisfactory to City, evidencing the coverage required under this Lease, together with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested complete copies of the policies, of such insurance to Landlord upon commencement of the Lease Term policies and at any other time promptly after City’s request. Tenant and its contractors will submit or cause their respective insurance brokers to submit requested information through the Exigis insurance verification program designated by City or any successor program used by City for verification of tenant and contractor insurance coverage. During the Term, Tenant will provide City with certificates or policies at least 30 thirty (30) days prior before the expiration dates of expiring policies. If Tenant fails to their renewal date procure the required insurance, or to deliver the policies or certificates, then at its option and such certificate(swithout waiving any rights or remedies that City may have for Tenant’s default, City may procure the insurance for Tenant’s account, and Tenant will pay the cost to City within five (5) days after delivery to Tenant of invoices therefor.
(i) On City’s request, Tenant and policies shall name Landlord City will periodically review the limits and Building Manager as additional insuredstypes of insurance carried under this Section. If the general commercial practice in San Francisco or San Mateo Counties is to carry liability insurance in an amount or coverage materially greater than the amount or coverage then being carried by Tenant for risks comparable to those associated with the Premises and Common Areas, in addition then, at City’s request, Tenant will increase the amounts or coverage carried by Tenant to conform to the other requirements herein. The limits general commercial practice.
(j) Tenant’s compliance with the provisions of this Section will in no way relieve or decrease Tenant’s liability under Section 18.2 (Tenant’s Indemnity), or any of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant ’s other obligations under this Lease.
(k) Notwithstanding anything to the contrary in this Lease, if any of the required insurance coverage lapses, this Lease will terminate on three (3) days’ notice to Tenant unless Tenant renews the insurance coverage within the notice period.
Appears in 1 contract
Sources: Lease Agreement
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.6(1) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.6(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form reasonably approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during the entire liabilities assumed under this Lease Term, regardless of when the claims are made, either by obtaining as an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereininsured contract. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $10,000,000 each occurrence Personal Injury and Advertising Liability $10,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements (excluding the Base, Core and Shell), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for all perils that would be covered under this Leasea commercially reasonable all perils/all risk special form property insurance policy typically carried by a general office tenant in the Comparable Buildings.
10.3.3 Business Income Interruption for one year (1) plus Extra Expense insurance in such amounts as will reimburse Tenant for actual direct or indirect loss of earnings attributable to the risks outlined in Section 10.3.2 above.
10.3.4 Worker’s Compensation or other similar insurance pursuant to all applicable state and local statutes and regulations, and Employer’s Liability with minimum limits of not less than $1,000,000 each accident/employee/disease.
10.3.5 Commercial Automobile Liability Insurance covering all Owned (if any), Hired, or Non-owned vehicles with limits not less than $ 1,000,000 combined single limit for bodily injury and property damage.
Appears in 1 contract
Sources: Office Lease (Unity Software Inc.)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during the term of this Lease Termand any extensions hereof, procure and maintain workmen's compensation special covered causes of loss insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of on Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement costcost thereof. Tenant shall also maintain workers' compensation and employers' liability insurance in the minimum statutory amount and including a waiver of subrogation in favor of the Landlord and Landlord's insurer, and commercial general liability insuranceinsurance on an occurrence basis, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, liability assumed under and broad form property damage insured contract host liquor legal liability and cross liability with the following limits of liability: ; One Million Dollars ($2,000,000.00 each occurrence 1,000,000) combined single limit for each occurrence of bodily injury, injury and property damage and personal injury; . Two Million Dollars ($2,000,000.00 2,000,000) aggregate for bodily injury and property damage for products and completed operations. Tenant shall further, at its own cost, at all times during the term of this Lease and any extensions hereof, procure and maintain insurance for automobile liability including coverage for bodily injury and property damage for owned and hired autos with the following limits and liability; One Million Dollars ($1,000,000) combined single limit for each occurrence of bodily injury and property damage. Tenant shall also maintain business interruption insurance in an amount sufficient to reimburse Tenant for direct and indirect loss of earnings attributable to prevention of access to the Building or Premises as a result of such perils, and such other forms and amounts of insurance as Landlord or its mortgage may reasonably require from time to time. All such insurance shall be procured from a responsible reasonable insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + "A-" and a financial rating of not less than "XIVI" in the most current available Bestbent's Insurance Reports, and shall be otherwise reasonably satisfactory to Landlord. All such policies (except workmen's compensation) Workers Compensation shall name Landlord and Building Manager Landlord's property management agent as additional insureds, and shall provide they canthat the same may not be canceled or altered cancelled except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 thirty (30) days prior to their the annual renewal date thereof and upon request from time to time and such certificate(s) and policies shall name disclose that insurance names Landlord and Building Manager Landlord's designated property management agent as an additional insuredsinsured, in addition to the other requirements set forth herein. The time limits of Tenant's such insurance shall not, under any circumstances, limit the liability of Tenant hereunder. Should Tenant fail to procure such insurance within the time period hereinbefore specified, Landlord may, at its opinion, but Landlord shall have no obligation to do so, procure such insurance and pay the premiums therefore and Tenant agrees to reimburse Landlord for the cost thereof plus interest thereon at the rate of eighteen percent (18%) per annum (but in no event in excess of the maximum rate permitted under this Leaselaw), as Additional rent on the first day of the calendar month following the rendition of the ▇▇▇▇ or bills therefore and Landlord shall have the same rights and remedies in enforcing the payment of such additional rent as in the case of Tenant's failure to pay the rent herein reserved.
Appears in 1 contract
Tenant’s Insurance. Tenant shall, at its own cost, at At all times during the Lease Term, procure Tenant will carry and maintain workmen's compensation insurance maintain, at Tenant’s expense, the following insurance, in the maximum statutory amount amounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and Employers Liability on forms satisfactory to Landlord:
(a) Bodily injury and property damage liability insurance, with a combined single occurrence limit of not less than $1,000,000. All such insurance will be on an occurrence commercial general liability form including without limitation, personal injury coverage for the performance by Tenant of the indemnity agreements set forth in the amount Article XVIII of $500,000, each this Lease. Such insurance shall include waiver of subrogation rights in favor of Landlord and Landlord’s management company.
(b) Insurance covering all persons employed 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 Project, and any leasehold improvements to the Premises in excess of any initial buildout of the Premises by Tenantthe Landlord, insurance in an amount not less than the full replacement cost. Property forms will provide coverage at least as broad as ISO Special Form Coverage on an open perils basis insuring against “all risks of direct physical loss or damage (commonly known as "all risk") loss.” All policy proceeds will be used for the full repair or replacement cost of Tenant's Property and the contents of the Premises including property damaged or destroyed, however, if this Lease ceases under the provisions of Article XX, Tenant will be entitled to any proceeds resulting from damage due to water leakageTenant’s furniture and fixtures, machinery and equipment, stock and any other personal property;
(c) Worker’s compensation insurance insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of the state in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where which the Premises are located, including employer’s liability insurance in the limit of $1,000,000 aggregate. Such insurance shall include waiver of subrogation rights in favor of Landlord and Landlord’s management company.
(d) If Tenant operates owned, hired, or nonowned 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) Umbrella liability insurance in excess of the underlying coverage listed in paragraphs (a), (c) and (d) above, with general policyholder's ratings limits of not less than AA + $4,000,000 per occurrence/$4,000,000 aggregate, and
(f) All insurance required under this Article XVI shall be issued by such good and reputable insurance companies qualified to do and doing business in the state in which the Premises are located and having a financial rating of not less than "XI" A: VIII as rated in the most current available copy of Best's ’s Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period Report in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance form customary to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leaselocality.
Appears in 1 contract
Sources: Commercial Office Lease (Wells Real Estate Investment Trust Ii Inc)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Project and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $10,000,000 each occurrence Personal Injury and Advertising Liability $10,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $3,000,000
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Tenant Improvements, and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322), the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109-144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110-160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Sources: Office Lease (F5 Networks Inc)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during shall maintain the Lease Term, procure and maintain workmen's compensation insurance following coverages in the maximum statutory amount following amounts.
10.2.1 Commercial general liability (CGL) and, if necessary, commercial umbrella insurance, on an occurrence basis, with a limit of not less than $3,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location. CGL insurance shall be written on ISO occurrence form CG 00 01 01 96 (or a substitute form providing equivalent coverage) and Employers Liability shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, liability assumed under an insured contract and the performance by Tenant of the indemnity agreements set forth in Sections 10.1 and 29.2 of this Lease. Landlord shall be included as an insured under the CGL policy, using ISO additional insured endorsement CG 20 11 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance in shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Landlord. There shall be no endorsement or modification of the amount CGL to make it excess over other available insurance; alternatively, if the CGL states that it is excess or pro rata, the policy shall be endorsed to be primary with respect to the additional insured. Tenant waives all rights against Landlord and its agents, officers, directors and employees for recovery of $500,000damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained pursuant to this agreement.
10.2.2 Commercial property insurance covering (i) all office furniture, each covering trade fixtures, office equipment, merchandise and all persons employed by other items of Tenant’s property on the Premises installed by, for, or at the expense of Tenant, and (ii) the Tenant Improvements and Alterations. Such insurance shall cover the perils insured under the ISO special causes of loss form (CP 10 30) and shall include coverage at least as broad as ISO Special Form Coverage against risks for vandalism and malicious mischief, terrorism coverage for both certified and non-certified acts of direct physical loss or damage terrorism, water damage, sprinkler leakage coverage, boiler and machinery (commonly known as "all risk"systems breakdown) for and earthquake sprinkler leakage coverage. The amount insured shall equal the full replacement cost of Tenant's Property and the contents value new without deduction for depreciation of the Premises covered items. Any coinsurance requirement in the policy shall be eliminated through the attachment of an agreed amount endorsement, the activation of an agreed value option, or as is otherwise appropriate under the particular policy form. In no event shall Landlord be liable for any damage to or loss of personal property sustained by Tenant, whether or not it is insured, even if such loss is caused by the negligence of Landlord, its employees, officers, directors or agents. Landlord and Tenant hereby waive any recovery of damages against each other (including their employees, officers, directors, agents, or representatives) for loss or damage due to water leakagethe Building, in an amount equal to their full replacement costtenant improvements and betterments, fixtures, equipment, and any other personal property to the extent covered by the commercial general property insurance required above. If the commercial property insurance purchased by Tenant as required above does not allow the insured to waive rights of recovery against others prior to loss, Tenant shall cause them to be endorsed with a waiver of subrogation as required above.
10.2.3 Business income, Business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises or to the Building as a result of such perils. In no event shall Landlord be liable for any business interruption or consequential loss sustained by Tenant, whether or not it is insured, even if such loss is caused by the negligence of Landlord, its agents, employees, directors officers or contractors.
10.2.4 Worker’s compensation insurance providing statutory benefits to Tenant’s employees, employers liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage insurance with the following limits of liability: not less than $2,000,000.00 1,000,000 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. Tenant waives all rights against Landlord and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are locatedits agents, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsofficers, directors, and shall be otherwise satisfactory employees for recovery of damages to Landlord. All such policies (except workmen's compensation) shall name Landlord the extent these damages are covered by the workers compensation and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained employers liability obtained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policyTenant. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance obtain an endorsement to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under effect this Leasewaiver.
Appears in 1 contract
Sources: Office Lease (HMS Holdings Corp)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of or from the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding L▇▇▇▇▇▇▇’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that T▇▇▇▇▇’s coverage ./ -/// -30- K▇▇▇▇▇ R▇▇▇▇▇, L.P. [ACADIA Pharmaceuticals Inc.] is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $7,000,000 each occurrence Personal Injury and Advertising Liability $7,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $2,000,000.00
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the Improvements, and any other improvements which exist in the Premises as of the Lease Commencement Date (excluding the Base Building) (the “Original Improvements”), and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, (b) water damage from any cause whatsoever, including, but not limited to, sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains, and (c) terrorism (to the extent such terrorism insurance is available as a result of the Terrorism Risk Insurance Program Reauthorization Act of 2005 (Pub. l. 109 144), and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (Pub. L. 110 160, 121 Stat. 183), any successor statute or regulation, or is otherwise available at commercially reasonable rates).
Appears in 1 contract
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(1) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(11) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant’s operations, occupancy or maintenance of the Premises and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an “occurrence” basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsincluding Landlord’s managing agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization’s formCG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant’s coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant’s indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Leasenor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury and Property Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $1,000,000.00 -35- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ [StumbleUpon, Inc.]
10.3.2 Property Insurance covering (i) all office furniture, personal property, business and trade fixtures, office equipment, free-standing cabinet work, movable partitions, merchandise and all other items of Tenant’s business personal property on the Premises installed by, for, or at the expense of Tenant, (ii) the “Improvements,” as that term is defined in Section 2.1 of the Work Letter, and (iii) all Alterations performed in the Premises. Such insurance shall be written on a Special Form basis, for the full replacement cost value (subject to reasonable deductible amounts), without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for (a) all perils included in the CP 10 30 04 02 Coverage Special Form, and (b) water damage from any cause whatsoever, including, but not limited to, backup or overflow from sprinkler leakage, bursting, leaking or stoppage of any pipes, explosion, and backup or overflow from sewers or drains.
Appears in 1 contract
Sources: Sublease Agreement (Okta, Inc.)
Tenant’s Insurance. (a) Tenant shallshall carry, at its own cost, at all times during the Lease Term, procure and maintain workmenTenant's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenantsole expense, insurance coverage at least as broad as ISO Special Form Coverage against any or all risks of direct physical loss or damage (commonly known as "in an amount adequate to cover the cost of replacement of all risk") for the full replacement cost of Tenant's Property Alterations, trade fixtures, equipment and 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 contents like). Tenant acknowledges that Landlord's insurance is not intended to cover Tenant's Alterations, trade fixtures, equipment, and personal property. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of 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 including damage due at the expiration or earlier termination of the Lease Term under Article 20 shall be payable to water leakageLandlord. Provided, however, that at Landlord's sole election, Landlord may obtain at Tenant's expense any or all of the insurance described in an amount equal to their full replacement costthis Section.
(b) Tenant shall carry, and 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 coverage for bodily injurywrongful death), property damage, advertising injury, personal injury (employee and contractual liability exclusions deleted)injury, products and completed operationsindependent contractors, contractual liabilityowned, owner's protective liabilitynonowned, and broad form property damage with hired vehicle liability and, if alcoholic beverages are served, sold, consumed or obtained in the following limits Premises, liquor-law liability. The initial limit of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in at least $2,000,000 combined single liability limit if the State where Rentable Square Footage of the Premises are located(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, at its sole cost and expense, obtain worker's compensation coverage in an amount adequate to comply with general policyholderlaw, and employer's ratings liability coverage with a limit of not less than AA + $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 a financial rating of not less than "XI" in the most current available BestLandlord's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies property manager (except workmen's compensationif any) shall name Landlord and Building Manager as additional insureds, (ii) contain cross-liability and contractual liability provisions, (ii) provide that no cancellation or reduction in coverage shall provide they cannot be canceled or altered except upon 30 effective until thirty (30) days prior after written notice to Landlord and Landlord. All insurance maintained 's lender(other than notice of cancellation due to non-payment which is effective 10 days after written notice to Landlord and Landlord's lender), (iii) be issued by Tenant shall 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. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are madeabsence of negligence or other fault of Tenant for alleged injury, either death and/or property damage. The deductible or self-insured retention on any insurance required to be carried by obtaining an endorsement providing for an unlimited extended reporting period in Tenant hereunder shall not exceed, without the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date prior written consent of the canceled or expired policyLandlord, Five Thousand Dollars ($5,000) per occurrence. Tenant shall provide certificate(s), and if requested copies be responsible for the payment of the policiesfull 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 such any obligation under this Lease.
(d) Each policy of insurance required to Landlord upon commencement of 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 ▇▇▇▇▇ 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 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 30 thirty (30) days prior to their renewal date expiration thereof. Tenant shall permit Landlord at all reasonable times to inspect the policies of insurance, and such certificate(sshall 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 if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits terms of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 1 contract
Sources: Standard Industrial Net Lease (Jmar Technologies Inc)
Tenant’s Insurance. a. Tenant shall, at its own cost, shall procure and maintain in force at all times during the term of this Lease Terma policy or policies of fire and extended coverage insurance (including vandalism, malicious mischief, and sprinkler leakage) with respect to its fixtures, personal property, any exterior signage affixed to the building, and equipment located in the Premises to the extent of at least ninety percent (90%) of their insurance value. Tenant shall also procure and maintain workmen's compensation plate glass coverage with respect to the Premises. During the term of this Lease, the proceeds of any such policy or policies of insurance in shall be used solely for the maximum statutory amount repair and Employers Liability replacement of the fixtures, personal property, any exterior signage affixed to the building, and equipment, or glass so insured. The amounts of such fire and extended coverage insurance in the amount of $500,000, each covering all persons employed shall be reasonably increased from time to time by Tenant, insurance coverage upon written demand from Landlord.
b. Tenant shall procure and maintain at least as broad as ISO Special Form Coverage all times during the term of this Lease Workers' Compensation Insurance. Tenant shall also procure and maintain at all times during the term hereof Combined Single Limit Bodily Injury and Property Damage Insurance insuring Landlord and Tenant against risks any liability arising out of direct physical loss the use, occupancy, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents maintenance of the Premises including damage due to water leakage, and all areas appurtenant thereto. Such insurance shall be in an amount equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits not less than $1,000,000.00 per occurrence. The amount of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured reasonably increased from a responsible insurance company or companies authorized time to do business in the State where the Premises are locatedtime by Tenant, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to upon written demand from Landlord. All such policies (except workmen's compensation) This policy shall name Landlord include broad form contractual liability and Building Manager as additional insureds, and indemnity coverage which shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained insure performance by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policyindemnity and defense provisions in paragraph 14. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinabove. The limits of Tenant's said insurance shall not, under any circumstanceshowever, be construed to limit the liability of Tenant under this Lease.
c. Tenant shall procure and maintain at all times during the term of this Lease (i) business interruption insurance, (ii) personal injury insurance with endorsement deleting the employee liability exclusion, (iii) employee liability insurance, (iv) professional liability or errors and omissions insurance, (v) liability and bodily injury insurance covering both landlord and Tenant against any costs or claims arising in connection with the use of the Sunroad Exercise Facility by Tenant or its employees, agents, guests, or invitees, and (vi) during any period of alteration or construction by Tenant, Builder's all risk insurance which must include completed operations coverage. Landlord may, from time to time, require Tenant to reasonably increase the limits of any insurance required to be maintained by Tenant.
d. The deductible amounts, if any, with respect to all insurance which Tenant is required to maintain hereunder shall not exceed $5,000 per claim or occurrence. The amount of the deductibles, if any, within this limitation shall be a business decision by Tenant; under no circumstances shall Landlord be required to reimburse Tenant for the amount of any deductible incurred by Tenant in connection with any insured event, even if the event resulting in the claim was caused or contributed to by Landlord or its agents, servants, or employees.
e. All insurance which Tenant is required to maintain hereunder shall be on an occurrence basis and shall be with financially responsible insurance companies which companies shall be subject to the reasonable approval of Landlord. Within five (5) days after the execution of this Lease, Tenant shall notify Landlord in writing of the name of Tenant's insurer. Tenant shall deliver to Landlord prior to entry on the premises by Tenant certificates of insurance evidencing the existence and amount of such insurance, and showing Landlord as a named insured; provided that 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. All policies shall include a "severability of interest" endorsement with respect to Landlord. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to Landlord by the insurer. Tenant shall, within twenty (20) days prior to the expiration of such policies furnish Landlord with renewals or binders, or Landlord may order such insurance and charge the cost to Tenant, which amount shall be payable by Tenant upon demand. All such policies shall be written as primary policies, not contributing with and not in excess of coverage which Landlord may carry, and all policies shall include Tenant's employees as additional insureds. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by Tenant provided that such blanket policies expressly afford coverage to the Premises and to Tenant as required by this Lease. Tenant shall, upon request from Landlord, immediately deliver to Landlord copies of all insurance policies (including the declarations pages) in effect with respect to Tenant's business and the Premises.
Appears in 1 contract
Tenant’s Insurance. Tenant shall, at its own cost, agrees to maintain in full force and ------------------ effect at all times during the Lease Term, procure at its sole cost and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000expense, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost protection of Tenant's Property Tenant and Landlord, as their interests may appear, policies of insurance issued by a responsible carrier or carriers acceptable to Landlord which afford the contents of the Premises including damage due to water leakage, following coverages:
(i) Commercial general liability insurance in an amount equal to their full replacement cost, not less than Three Million and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury no/100ths Dollars (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence 3,000,000.00) combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for both bodily injury and property damage for products and which includes blanket contractual liability broad form property damage, personal injury, completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) products liability, which policy shall name Landlord and Building Manager Landlord's Agents as additional insureds, insureds and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All contain a provision that "the insurance maintained by Tenant 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 carried by Landlord(including, without limitation, vandalism, malicious mischief, inflation endorsement, and sprinkler leakage endorsement) on Tenant's Personal Property located on or in the Premises. If Tenant obtains any general liability Such insurance shall be in the full amount of the replacement cost, as the same may from time to time increase as a result of inflation or otherwise. As long as this Lease is in effect, the proceeds of such policy shall be used for the repair and replacement of such items so insured. Landlord shall have no interest in the insurance proceeds on a claims-made basisTenant's Personal Property. Notwithstanding the foregoing, Tenant shall provide continuous liability coverage for claims arising during have the entire Lease Termright, regardless of when the claims are madeat its election, either by obtaining to self-insure with respect to any loss or damage to Tenant's Personal Property.
(iii) Boiler and machinery insurance, including steam pipes, pressure pipes, condensation return pipes and other pressure vessels and HVAC equipment, including miscellaneous electrical apparatus, in an endorsement providing for an unlimited extended reporting period amount satisfactory to Landlord.
(iv) Workers compensation insurance in the event any such policy is canceled or manner and to the extent required by applicable law and with limits of liability not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier less than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s)minimum required under applicable law, and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability covering all employees of Tenant under this Leasehaving any duties or responsibilities in or about the Premises.
Appears in 1 contract
Sources: Build to Suit Lease (At Home Corp)
Tenant’s Insurance. Tenant shall, at its own cost, at At all times during the Lease Term, procure Tenant will carry and maintain workmenmaintain, at Tenant's compensation insurance expense, the following insurance, in the maximum statutory amount amounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or on forms satisfactory to Landlord:
(a) Bodily injury and property damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal to their full replacement cost, and commercial general liability insurance, with a combined single occurrence limit of not less than $5,000,000 per occurrence. All such insurance will be equivalent to coverage offered by a commercial comprehensive general liability form, including coverage for bodily injury, property damagewithout limitation, personal injury (employee and contractual liability exclusions deleted)injury, products and completed operations, contractual liability, owner's protective liability, and broad form property damage, and contractual liability coverage for the performance by Tenant;
(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 Project, and any leasehold improvements to the Premises in an amount not less than the full replacement cost. Property forms will provide coverage on a broad form basis insuring against "all risks of direct physical loss." All policy proceeds will be used for the repair or replacement of the property damaged or destroyed; however, if this Lease ceases under the provisions of Article 15, Tenant will be entitled to any proceeds resulting from damage with to Tenant's furniture and fixtures, machinery, equipment, stock, and any other personal property;
(c) Worker's compensation insurance insuring against and satisfying Tenant's obligations and liabilities under the following workers' compensation laws of the state in which the Project is located, including employers' liability insurance in the limits required by the laws of liability: the state in which the Project is located; and
(d) Owned, hired, or nonowned comprehensive automobile liability at a limit of liability not less than $2,000,000.00 each occurrence 3,000,000 combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlordper occurrence. If Tenant obtains fails to obtain or maintain any general liability insurance policy on a claims-made basisrequired hereunder, Landlord shall have the option, without assuming any obligation in connection therewith, to effect such insurance at the sole cost of the Tenant and all outlays by Landlord shall be reimbursed by Tenant to Landlord as Additional Rent unless Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled have obtained or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of reinstated such insurance to Landlord upon commencement of the Lease Term and at least 30 after 5 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.notice from Landlord..
Appears in 1 contract
Sources: Office Lease (Idt Corp)
Tenant’s Insurance. Tenant shall, shall procure at its own cost, at all times sole cost and expense and keep in effect during the Term the following insurance:
(i) commercial general liability insurance including personal injury, advertising injury, contractual liability, products-completed operations and broad form property damage coverage with an each occurrence limit of $3,000,000 and a general aggregate limit of. $3,000,000, and automobile liability insurance for personal injury and property damage with an each occurrence limit of $1,000,000 and a general aggregate limit of $1,000,000. Such insurance (A) shall name Landlord and Managing Agent (as identified in the Basic Lease TermProvisions) their respective officers, procure partners, members and maintain workmen's compensation employees and such additional persons or entities as Landlord may from time-to-time reasonably designate in writing as an additional insured, (B) shall include contractual liability coverage, (C) is intended to be primary insurance, and not excess over or contributory with any other valid, existing, and applicable insurance in force for or on behalf of Landlord, (D) shall provide that the maximum statutory amount insurer shall endeavor to provide Landlord with thirty (30) days' (or ten (10) days' for nonpayment of premium) written notice prior to any cancellation or change of coverage, and Employers Liability (E) shall include a waiver of subrogation endorsement. Tenant covenants and agrees to also provide Landlord with thirty (30) days' written notice of any cancellation or change of coverage;
(ii) “all risk” property insurance on a “special causes of loss” basis (including boiler and machinery (if applicable); sprinkler damage, vandalism and malicious mischief) on Tenant’s Work, any Alterations, all other improvements installed in the amount Premises by or on behalf of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "and all risk") for the full replacement cost of Tenant's Property ’s personal property, such insurance to include a building ordinance provision (as to those Alterations for which such a provision will apply) and the contents of the Premises including damage due to water leakage, business income/extra expense coverage. Such insurance shall be in an amount equal to their full replacement costcost of the aggregate of the foregoing and shall provide coverage comparable to the coverage in the standard ISO “special causes of loss” form, when such form is supplemented with the coverages required above, and, except for the business income/extra expense coverage, shall name Landlord as a loss payee, as its interest may appear;
(iii) worker’s compensation insurance, statutory and employer’s liability coverage, which shall include a waiver of subrogation endorsement; and
(iv) such other insurance as may be required by Law. Additionally, Tenant shall require all of its contractors, subcontractors, and vendors doing work in or to the Project (excluding Tenant’s Work as to which the insurance requirements of the Work Letter shall control) to maintain commercial general liability insurance, including coverage for bodily injury, property damage, personal injury insurance meeting all of the requirements of Section 11(d)(i) (employee and contractual liability exclusions deletedbut with minimum limits of $1,000,000), products and completed operations, contractual liability, owner's protective workers’ compensation coverage including employers liability, and broad form property damage with automobile liability coverage and to provide certificates of insurance or such other evidence of insurance as may be acceptable to Landlord Additionally, contractors, subcontractors and vendors participating in the following limits construction of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance Tenant’s Work shall be procured from a responsible required to provide the insurance company or companies authorized to do business specified in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this LeaseWork Letter.
Appears in 1 contract
Sources: Sublease Agreement (PubMatic, Inc.)
Tenant’s Insurance. (a) Tenant shallshall carry, at its own cost, at all times during the Lease Term, procure and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant’s sole expense, insurance coverage at least as broad as ISO Special Form Coverage against any or all risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakage, in an amount equal adequate to their cover the cost of replacement of all of Tenant’s Alterations, trade fixtures, equipment and 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 contain any plate glass, Tenant shall carry plate-glass insurance covering all plate glass on the Premises at full replacement cost. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of 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.
(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 coverage for bodily injurywrongful death), property damage, advertising injury, personal injury (employee and contractual liability exclusions deletedcoverages (including Tenant’s indemnification obligations under Article 13), products and completed operationsindependent contractors, contractual liabilityowned, owner's protective liabilitynonowned, and broad form property damage with hired vehicle liability and, if alcoholic beverages are served, sold, consumed or obtained in the following limits Premises, liquor-law liability. The initial limit to Tenant’s insurance broker of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in at least $3,000,000 combined single liability limit if the State where Rentable Square Footage of the Premises are located(as indicated in Section 1.2) exceeds 3,000 square feet, or $2,000,000 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, at its sole cost and expense, obtain worker’s compensation coverage in an amount adequate to comply with general policyholder's ratings law, and employer’s liability coverage with a limit of not less than AA + $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 reasonably required by Landlord or Landlord’s lender. Tenant shall, at Tenant’s sole expense, maintain such other liability insurance as Tenant reasonably deems necessary to protect Tenant.
(c) Each policy of insurance required to be carried by Tenant hereunder shall (i) name Landlord, ▇▇▇▇▇▇▇▇’s lender and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies ’s property manager (except workmen's compensationif any) shall name Landlord and Building Manager as additional insureds, (ii) contain cross-liability and contractual liability provisions, (ii) provide that no cancellation or reduction in coverage shall provide they cannot be canceled or altered except upon 30 effective until thirty (30) days prior after written notice to Landlord and Landlord. All insurance maintained ’s lender, (iii) be issued by Tenant shall an insurer licensed in California and reasonably approved by Landlord, (iv) not exclude coverage for acts of terrorism, and (iv) be primary and noncontributory to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term▇▇▇▇▇▇▇▇, regardless of when the claims are madeabsence of negligence or other fault of Tenant for alleged injury, either death and/or property damage. The deductible or self-insured retention on any insurance required to be carried by obtaining an endorsement providing for an unlimited extended reporting period in Tenant hereunder shall not exceed, without the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date prior written consent of the canceled or expired policyLandlord, Five Thousand Dollars ($5,000) per occurrence. Tenant shall provide certificate(s), and if requested copies be responsible for the payment of the policiesfull 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 such any obligation under this Lease.
(d) Each policy of insurance required to Landlord upon commencement of be carried by Tenant hereunder shall be obtained by ▇▇▇▇▇▇ 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 ▇▇▇▇▇ 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 this Lease, and (ii) all additional insured endorsements provided by the insurer in favor of 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 30 thirty (30) days prior to their renewal date expiration thereof. Tenant shall permit Landlord at all reasonable times to inspect the policies of insurance, and such certificate(sshall deliver copies thereof to Landlord within ten (10) days after ▇▇▇▇▇▇▇▇’s request therefor. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits terms of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Lease.
Appears in 1 contract
Sources: Standard Industrial Net Lease (CardioVascular BioTherapeutics, Inc.)
Tenant’s Insurance. Tenant shall, at its own cost, at shall maintain insurance complying with all times during the Lease Term, procure and maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents of the Premises including damage due to water leakagefollowing:
9.1.1 Tenant shall procure, pay for and keep in an amount equal to their full replacement cost, force and effect the following:
9.1.1.1 Broad form commercial general liability insurance, including coverage property damage, against liability for personal injury, bodily injury, death and damage to property damageoccurring in or about, personal injury (employee and contractual liability exclusions deleted)or resulting from an occurrence in or about, products and completed operations, contractual liability, owner's protective liability, and broad form property damage the Premises with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings coverage of not less than AA + the amount of Tenant’s Minimum Liability Insurance Coverage, which insurance shall contain “fire legal” endorsement coverage and a financial rating “contractual liability” endorsement insuring Tenant’s performance of Tenant’s obligation to indemnify Landlord contained in Section 10.3;
9.1.1.2 Automobile Liability insurance including owned, hired and non-owned autos with a combined single of liability for each accident of not less than "XI" US$1,000,000.00;
9.1.1.3 Fire and property damage insurance against loss caused by fire, extended coverage perils including steam boiler insurance, sprinkler leakage, if applicable, 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 most current available Best's Insurance Reportscounty in which the Premises is located, insuring Tenant’s personal property and inventory, Trade Fixtures, and Leasehold Improvements within the Premises or located on the Common Areas for the full actual replacement cost thereof;
9.1.1.4 Worker’s compensation coverage sufficient to comply with all Laws. Where permitted by law, such policies shall contain waivers of the insurer’s subrogation rights against Landlord;
9.1.1.5 Employers liability insurance shall be otherwise satisfactory provided in amounts not less than US$1,000,000.00 per accident for bodily injury by accident, US$1,000,000.00 policy limit by disease, and US$1,000,000.00 per employee for bodily injury by disease; and
9.1.1.6 Fidelity insurance or commercial blanket bond naming Landlord as beneficiary or loss payee as respects losses to Landlord. All such policies (except workmen's compensation) ’s money or other property caused by any of Tenant’s employees in connection with Tenant’s use of the Premises with blanket limits of at least US$1,000,000.00.
9.1.2 The commercial general liability insurance that Tenant is required to carry under Section 9.1.1.1 shall name Landlord and Building Manager such other parties in interest as Landlord designates as additional insureds. Additionally, all policies of insurance required to be carried by Tenant pursuant to this Section shall (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 declaration without the right of contribution from any other insurance coverage of Landlord, (ii) be in a form reasonably satisfactory to Landlord, (iii) be carried with companies having a Best rating of at least AVII, (iv) provide that such policy shall provide they cannot be canceled subject to cancellation, reduction of coverage or altered lapse except upon 30 after at least ten (10) days prior written notice to Landlord. All , (v) not have a “deductible” in excess of Ten Thousand Dollars (US$10,000.00) per occurrence, (vi) contain a cross liability endorsement, and (vii) contain a “severability” clause.
9.1.3 A certificate of insurance maintained reflecting that the insurance required to be carried by Tenant pursuant to this Section 9.1 is in force, accompanied by an endorsement showing the required additional insureds satisfactory to Landlord in substance and form, shall be primary delivered to Landlord prior to the time Tenant or any insurance carried by Landlordof Tenant’s Agents enters the Premises and upon renewal of such policies, but not less than thirty (30) days prior to the expiration of the term of such coverage. If the Landlord’s lender or Landlord reasonably determines at any time that the amount of coverage required for any policy of insurance Tenant obtains any general liability insurance policy on a claims-made basisis to obtain pursuant to this Section 9.1 is not adequate, then Tenant shall provide continuous liability increase such coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to such amount as Landlord’s lender or Landlord upon commencement reasonably deems adequate, not to exceed the level of coverage commonly required by prudent landlords of comparable buildings leased for comparable uses in the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leasevicinity.
Appears in 1 contract
Sources: Lease Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Tenant’s Insurance. Tenant shall, at its own cost, at all times during Throughout the Lease Term, procure and Tenant shall maintain workmen's compensation insurance the following coverages in the maximum statutory amount following amounts. The required evidence of coverage must be delivered to Landlord on or before the date required under Section 10.4(I) sub-sections (x) and Employers Liability insurance in the amount (y), or Section 10.4(II) below (as applicable). Such policies shall be for a term of $500,000, each covering all persons employed by Tenant, insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss one (1) year, or damage (commonly known as "all risk") for the full replacement cost of Tenant's Property and the contents length of the Premises including damage due to water leakageremaining term of this Lease, in an amount equal to their full replacement cost, and commercial general liability insurancewhichever is less.
10.3.1 Commercial General Liability Insurance, including coverage for Broad Form contractual liability covering the insured against claims of bodily injury, property damage, personal injury (employee and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products (including loss of use thereof) based upon or arising out of Tenant's operations, occupancy or maintenance of the Project and completed operationsall areas appurtenant thereto. All such Such insurance shall be procured from written on an "occurrence" basis. Landlord and any other party the Landlord so specifies that has a responsible insurance company or companies authorized to do business material financial interest in the State where the Premises are locatedProject, with general policyholderincluding Landlord's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reportsmanaging agent, and ground lessor and/or lender, if any, shall be otherwise satisfactory to named as additional insureds as their interests may appear using Insurance Service Organization's form CG2011 or a comparable form approved by Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and Tenant shall provide they cannot be canceled an endorsement or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be policy excerpt showing that Tenant's coverage is primary to and any insurance carried by LandlordLandlord shall be excess and non-contributing. If Tenant obtains The coverage shall also be extended to include damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any general liability insurance intra-insured exclusions as between insured persons or organizations. This policy on a claims-made basis, Tenant shall provide continuous liability include coverage for claims arising during all liabilities assumed under this Lease as an insured contract for the entire Lease Term, regardless performance of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date all of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements hereinTenant's indemnity obligations under this Lease. The limits of Tenant's said insurance shall not, under any circumstanceshowever, limit the liability of Tenant under this Lease.nor relieve Tenant of any obligation hereunder. Limits of liability insurance shall not be less than the following; provided, however, such limits may be achieved through the use of an Umbrella/Excess Policy: Bodily Injury andProperty Damage Liability $5,000,000 each occurrence Personal Injury and Advertising Liability $5,000,000 each occurrence Tenant Legal Liability/Damage to Rented Premises Liability $2,000,000.00
Appears in 1 contract
Sources: Office Lease (Retrophin, Inc.)
Tenant’s Insurance. Tenant shallTenant, at its own costexpense, at agrees to secure and keep in force from and after the date Landlord delivers possession of the Premises to Tenant and throughout the Lease Term:
(i) Commercial general liability insurance with a single combined limit, including any umbrella or excess commercial policy, with a broad form commercial general liability endorsement applicable to the Premises and its appurtenances, the sidewalks, if any, abutting and/or adjoining the Premises, and the business operated by Tenant and/or any party, in or from the Premises, on an occurrence basis in an amount of not less than $2,000,000 or such additional amount as may be reasonably required by Landlord from time to time, which shall include insurance for personal injury, death and property damage occurring upon, in or about the Premises, including water damage and sprinkler leakage legal liability, and shall include products and completed operations coverage with a reasonable deductible consistent with standard industry practice.
(ii) Special Form property insurance covering all times the items included in Tenant Improvements, the HVAC equipment serving the Premises, and all trade fixtures, furniture, decorations, equipment, inventory, merchandise and personal property from time to time in, on or upon the Premises, and alterations, additions or changes made by Tenant. Such insurance shall be in an amount not less than full replacement cost from time to time during the Lease TermTerm without co-insurance. It shall provide protection against perils included within a Special Form Property Policy, procure including windstorm coverage, together with insurance against sprinkler damage (if sprinklers are installed), vandalism, theft, and maintain workmen's compensation malicious mischief, and shall also include plate glass coverage for all plate glass along the exterior walls of the Premises, with a reasonable deductible consistent with standard industry practice. At Landlord’s option, any proceeds from such insurance shall be held by an escrow agent approved by Landlord for the repair, restoration, reconstruction or replacement of the property damaged or destroyed unless this Lease shall cease and terminate in accordance with the maximum statutory amount and Employers Liability provisions of this Lease.
(iii) Workers’ Compensation insurance in the amount required by law, and employer’s liability insurance in an amount of not less than $500,000, each covering all persons employed 1,000,000 with a reasonable deductible consistent with standard industry practice.
(iv) Business income and interruption insurance respecting Tenant’s operations from the Premises sufficient to cover Tenant’s overhead and payroll for at least 12 months.
(v) During any period when Tenant Improvements or any other construction work is being performed within the Premises or on the Property by or for Tenant, Tenant or its contractor(s) shall provide builder’s risk insurance coverage at least as broad as ISO Special Form Coverage against risks of direct physical loss or damage (commonly known as "all risk") for equal to the full replacement cost of Tenant's Property any improvements being constructed, naming Landlord as a loss payee, and the contents of the Premises including damage due to water leakage, owner’s and contractor’s protective liability insurance in an amount equal to their full replacement costof not less than $1,000,000 with a reasonable deductible consistent with standard industry practice; and each contractor shall maintain worker’s compensation insurance as required by law, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury Landlord shall be provided with certificates evidencing same. All policies of Tenant’s insurance shall: (employee i) be issued in form and contractual liability exclusions deleted), products and completed operations, contractual liability, owner's protective liabilityby an insurance company approved by Landlord rated A VII or better by the then current Best’s Guide, and broad form property damage with the following limits of liability: $2,000,000.00 each occurrence combined single limit for bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. All such insurance shall be procured from a responsible insurance company or companies authorized qualified to do business in the State where of Florida; (ii) name the following parties (the “Interested Parties”) as additional insureds (or as loss payee, as applicable): Landlord, Landlord’s agents and managers, any ground lessor or Mortgagee, and any other parties in interest from time to time designated in writing by notice from Landlord to Tenant; (iii) be delivered (or, at Landlord’s option, a certificate thereof acceptable to Landlord) to the Interested Parties upon or before delivery of possession of the Premises are located, with general policyholder's ratings of not less than AA + to Tenant and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon thereafter within 30 days prior to the expiration of each such policy, and, as often as any such policy shall expire or Terminate, renewal or additional policies shall be procured and maintained by Tenant in like manner and to like extent; (iv) contain a provision that the insurer will give the Interested Parties at least 30 days’ notice in writing in advance of any cancellation, termination or lapse, or the effective date of any reduction in the amounts of insurance or any other material change; (v) be written notice as a primary policy which does not contribute to Landlordand is not in excess of coverage which the Interested Parties may carry, and (vi) contain a provision that the Interested Parties, although added as additional insureds or named as loss payees, shall nevertheless be entitled to recover under said policies for any loss occasioned to them, or their servants, agents and employees by reason of the negligence of Tenant. All The limit of any insurance maintained by Tenant shall be primary to any not limit the liability of Tenant. Tenant shall also maintain at its expense such other insurance as is customarily carried by businesses similar to Tenant’s business, in such amounts and conditions as Landlord may reasonably require, All insurance proceeds payable with respect to the Premises and Tenant Improvements shall belong to and shall be payable to Landlord. In the event of any damage or destruction to the Premises and the Lease is not terminated in accordance with this Lease, and Tenant completes its obligation to repair, redecorate and refixture the Premises in accordance with Section 22, Tenant shall be entitled to such proceeds, but such insurance proceeds shall be held in trust by or on behalf of Tenant for such purposes in a manner reasonably acceptable to Landlord. If Tenant obtains any general liability insurance policy on a claims-made basisshall fail to complete the repairs, redecoration and refixturing which it is obligated to perform under Section 22, or if this Lease is terminated prior to completion of such work, Tenant shall provide continuous liability coverage for claims arising during the entire have no right or claim to such proceeds, and all such proceeds shall be turned over to Landlord and disposed of as Landlord, in its sole and absolute discretion, may determine. Upon termination of this Lease Termby Tenant pursuant to Section 22, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), also pay to Landlord any deductible of any Tenant insurance policy with respect to the Premises and if requested copies of the policiesproceeds are insufficient to complete any restoration work, of such insurance to Tenant shall pay Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as additional insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall not, under any circumstances, limit the liability of Tenant under this Leasedeficiency.
Appears in 1 contract